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2014 Supreme(Del) 3401

G.P.MITTAL
Symed Laboratories Pvt. Ltd. – Appellant
Versus
Sharon Bio-Medicine Ltd. – Respondent


Advocates Appeared:
For the Appellant :Gopal Jain, Senior Advocate, Shwetasree Majum and Prithvi Singh.
For the Respondent: Rajeshwari H. and Sunita K. Sreedharan.

JUDGMENT :

G.P. Mittal, J.

This application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) has been moved by Defendant no. 3 (Mankind Pharma Limited) for amendment of the written statement.

2. A suit for permanent injunction restraining infringement of rights in Patents no. 213062 and 213063 titled 'Novel Intermediates for Linezolid and Related Compounds' and 'A Novel Process for the Preparation of Linezolid and Related Compounds' along with damages/ rendition of accounts, etc. was instituted by the Plaintiff against the Defendants with the allegations that the Plaintiff company is a well-known name in respect of manufacture and marketing of high profile Active Pharmaceutical Ingredients. It is the case of the Plaintiff that Linezolid is a synthetic antibiotic used for the treatment of serious infections caused by gram-positive bacteria that are resistant to several other antibiotics. Linezolid is a member of the oxazolidinone class of drugs and has the chemical name N - [ [ (5S) - 3 - [3 - fluoro - 4 - (4 - morpholinyl) phenyl] - 2 - oxo - 5 - oxazolidinyl] met

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