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2021 Supreme(Del) 2449

JAYANT NATH
Bristol-Myers Squibb Ireland Unlimited Company – Appellant
Versus
Micro Labs Limited – Respondent


JUDGMENT

Jayant Nath, J. (Oral)

This hearing is conducted through video conferencing.

IA No.7681/2021

1. The present application is filed under Order 39 Rules 1 & 2 CPC seeking an ad interim injunction to restrain the defendant, its directors, etc. from infringing the registered patent of the plaintiffs being Patent No. 247381.

2. The accompanying suit is filed for permanent injunction to restrain infringement of the suit patent, disclosure & delivery, damages, etc. It is the case of the plaintiffs that the patent in question was granted in favour of plaintiff No. 1 which relates generally to lactam-containing compounds and derivatives thereof which are inhibitors of trypsin-like serine protease enzymes, especially Factor Xa, pharmaceutical compositions containing the same, and methods of using the same as anticoagulant agents for treatment, of thromboembolic disorders is called `Apixaban'. It has been pointed out that the suit patent has not been subjected to any pre-grant or post grant opposition under Section 25(1) and 25(2) of the Patents Act. One Natco Pharma Ltd. had filed a petition seeking revocation of the said suit patent on 09.05.2016 which is pending adjudication. Revoca

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