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2023 Supreme(Del) 3338

PRATHIBA M. SINGH
Pfizer Inc – Appellant
Versus
West-coast Pharmaceutical Works Limited – Respondent


Advocates appeared:
Mr. Pravin Anand, Tusha Malhotra, and Aditya Kaushik, Advocates, for the Plaintiffs.
Mr. Vikas Khera, Mr. Vishal Sharan and Mr. Ved Prakash, Advocates, for the Defendant.

JUDGMENT

Prathiba M. Singh, J.(Oral)

1. This hearing has been done through hybrid mode.

2. The present suit was filed for permanent injunction restraining infringement of patent numbers IN 218291, IN 249316, IN 243571 and IN 250050. The said patents as per the Plaintiff cover two products i.e., Palbociclib and Crizotinib in their different forms. The Plaintiffs are assignees to the said patents being asserted in the suit. The case of the Plaintiffs is that the patents are valid till 10th January, 2023 (Palbociclib) and 15th August, 2025 (Crizotinib) and are being infringed by the Defendant.

3. The details of the suit patents being asserted and the products they cover, as averred by the Plaintiffs are as follows:

    (a) IN 218291 is assigned to Plaintiff No. 2- Warner Lambert Company LLC and the said patent covers and claims the product, which is commercially sold under the trade name `Ibrance' and in India as `Palbace'.

    The bibliographic details of IN 218291 are as follows:

[IMG]

    (b) IN 249316, IN 243571, and IN 250050 cover and claim the product of the Plaintiffs', `Crizotinib', which is commercially sold under the trade name Xalkori and in India as Crizalk. Plaintiff No. 1- Pfizer Inc

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