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2015 Supreme(Del) 4636

JAYANT NATH
NOVARTIS AG – Appellant
Versus
INTAS PHARMACEUTICALS LTD. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Gopal Subramanium, Hemant Singh, Mamta Jha, Satyakaur, Manish K. Mishra.
For the Defendants : A.M. Singhvi, Prathiba M. Singh, Bitika Sharma, Namita Kochhar, Archana Sahadeva.

ORDER :

IA No. 8422/2015 (Exemption)

Exemption allowed subject to just exceptions.

Application stands disposed of.

Caveat No. 406/2015

Since the defendant has entered appearance, caveat stands discharged.

CS (OS) No. 1120/2015

1. Plaint be registered as Suit.

2. Issue summons and notice.

3. Learned counsel appearing for the defendants accepts summons and notice.

4. Written statement be filed within the stipulated period.

IA No. 8421/2015 (under Order 26, Rule 9 CPC) & IA No. 8420/2015 (under Order 39, Rule 1 and 2 CPC)

5. Issue notice. Learned counsel for the defendant accepts notice.

6. Reply be filed within 10 days from today.

7. IA No. 8420/2015 is an application for ex parte ad interim injunction.

8. The accompanying suit is filed seeking a decree of permanent injunction to restrain the defendant, etc. from manufacturing, selling, offering for sale, etc the drug/pharmaceutical preparation ranibizumab under the trade mark LUMINA or any other mark that may be deceptively similar to the plaintiffs trade mark LUMINOUS amounting to passing off or unfair competition. Other connected reliefs are also sought.

9. As per the plaint, it is stated that plaintiff No. 1 is a pioneer in the field of retinal

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