JUDGMENT :

G.P. Mittal, J.

I.A. No. 5908/2013 (Order XXXIX Rules 1 and 2 CPC) and I.A. No. 5417/2013 (Order VII Rules 10 and 11 CPC) in CS (OS) No. 678/2013

1. By virtue of this application, the Plaintiff seeks an ad interim injunction restraining the Defendants, their agents, etc. from manufacturing, selling, offering for sale, advertising or directly or indirectly dealing in the product Linezolid manufactured in a manner so as to result in infringement of the Plaintiff's registered patent IN213062 (IN 062) and the registered patent IN213063 (IN 063).

2. The Plaintiff filed the suit with the averments that the processes for preparation of Linezolid as disclosed in the prior art were tedious and cumbersome in as much as (i) the prior art processes involve use of highly flammable and dangerous reagents like n-butyl lithium in hexanes; (b) handling of n-butyl lithium is very difficult at lab scale and in commercial scale operations; (c) the reaction between N-carbobenzyloxy-3-fluoro-4-morpholinyl aniline and (R)-glycidyl butyrate in tetrahydrofuran in the presence of n-butyl lithium/hexane should be performed at extremely low temperatures (-780C to -160C) under very strict control of rea