JUDGMENT

I.A. 8878/2019 in CS(COMM) 343/2019

I.A. 15573/022 in CS(COMM) 660/2022

1. The present applications are being taken up together for consideration as they relate to the claim of the plaintiff to an order of interim injunction against the defendants based on the same patent, being Indian Patent No.240207 (hereinafter referred to as the `Suit Patent'), that covers and claims a molecule, which is claimed to be a new chemical entity, 4{4-[3-(4-chloro-3-trifluoromethylphenyl)-ureido]-3-fluorophenoxy}-pyridine-2-carboxylic acid methylamide, which has been assigned an International Non-proprietary Name (`INN'), REGORAFENIB.

CASE OF THE PLAINTIFF

2. The plaintiff is a part of the Bayer Group of Companies ('the Group'), the Holding Company being Bayer AG. The Group conducts its business in the healthcare sector through the plaintiff, which is involved in research, development, manufacturing and marketing products for the prevention, diagnosis and treatment of diseases.

3. As mentioned hereinabove, the plaintiff claims that the suit patent covers and claims a molecule, being a new chemical entity, that is, 4{4-[3-(4-chloro-3-trifluoromethylphenyl)-ureido]-3-fluorophenoxy}-pyridine-2-