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2020 Supreme(Del) 722

C.HARI SHANKAR
Fmc Corporation – Appellant
Versus
Natco Pharma Limited – Respondent


Advocates Appeared:
Sudhir Chandra, Advocate, Pravin Anand, Advocate, Dhruv Anand, Advocate, Udita Michelle Patro, Advocate, Devinder Rawat, Advocate, J. Sai Deepak, Advocate, G. Natraj, Advocate, Avinash K Sharma, Advocate

JUDGMENT

C .Hari Shankar, J. - This order decides I.A. 2594/2020, I.A. 2595/2020, IA 2596/2020, I.A. 4274/2020 and I.A. 5209/2020, preferred in CS (COMM.) 611/2019. I.A. 2594/2020, I.A. 2595/2020 and I.A. 2596/2020 have been preferred by the defendant, under Section 26 (2), read with Order VI Rule 15A, Order VII Rule 11 and Section 10, read with Order VII Rule 10, of the Code of Civil Procedure, 1908 ("the CPC"), respectively, whereas I.A. 4274/2020 and I.A. 5209/2020 have been preferred by the plaintiff under Order VI Rule 17 of the CPC.

2. Cs (COMM.) 611/2019, filed by the plaintiffs, alleges infringement, by the defendant, of Indian Patent No. IN 201307 (hereinafter referred to as "IN 307"), registered by the plaintiff in respect of a molecule which is known by the generic name ''Chlorantraniliprole'', and is also, apparently for the sake of convenience, denoted as "CTPR", and Indian Patent No. IN 213332 (hereinafter referred to as "IN 332"), covering "A Process for Preparing a Compound of Formula 1" which covered, inter alia, the process of making CTPR. Accordingly, it seeks a decree of permanent injunction, restraining the defendant from infringing the said patents, and also cl

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