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2023 Supreme(Del) 1290

AMIT BANSAL
Sugen, Inc. – Appellant
Versus
K Vijaya Prakash – Respondent


Advocates appeared:
Mr.Pravin Anand, Ms.Tusha Malhotra and Ms.Richa Bhargava, Advocates, for the Plaintiff.
Mr.Abhishek Malhotra and Ms.Shilpa

JUDGMENT

Amit Bansal, J. (Oral)

I.A.1383/2016 (O-XXXIX R-2A of the CPC) and I.A. 10292/2016 (O-XXXIXR-2A of the CPC)

1. These applications have been filed on behalf of the plaintiffs under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC) to hold the defendants liable for contempt, having violated the injunction order dated 6th January, 2016 passed by this Court.

2. The present suit was filed alleging infringement of three patents of the plaintiffs, being Indian Patents No. 249316, 250050 and 243571. The said three patents cover and claim the commercial product of the plaintiffs "Crizotinib" sold under the trade names "Xalkori." and "Crizalk." in India.

3. Vide order dated 6th January, 2016, ex-parte ad interim injunction was passed in the following terms:

    "...Plaintiff no. 2 is the owner of Indian Patent No. 250050...Defendants are acting in concert, inasmuch as are under a common control and management. Plaintiffs have come to know that defendant nos. 1 to 7 in concert of each other are either manufacturing the impugned generic product in India and exporting, selling and/or offering for sale the same in Bangladesh and/or at the very least, surreptitiously and clandes

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