JUDGMENT

I.A.6980/2021 (under Order XXXIX Rules 1 & 2 of CPC)

1. This order decides IA 6980/2021, whereby the plaintiffs have sought an interlocutory injunction against the perceived infringement, by the defendant, Natco Pharma Ltd, of the plaintiffs' suit patent IN 233161 (in short, `IN 161').

2. Arguments were advanced on behalf of the plaintiffs by Mr. Hemant Singh, and on behalf of the defendant by Mr. J. Sai Deepak. Copious written submissions have also been filed by both sides.

3. The plaintiffs would collectively be referred to, hereinafter, for ease of reference, as "Novartis".

Facts

4. The suit patent was originally granted to M/s Smith Kline Beecham Corporation (later renamed "GlaxoSmithKline LLC") on 27th March, 2009. Novartis claims that the suit patent was first assigned by GlaxoSmithKline LLC to the Glaxo Group Ltd on 5th October, 2015, on which date, by a back-to-back assignment deed, the suit patent was assigned by the Glaxo Group Ltd to Novartis Pharma AG, who, by another assignment deed of the same date, i.e. 5th October, 2015, assigned the suit patent to Plaintiff 1. Plaintiff 2 is the Indian subsidiary of Plaintiff 1, which imports and markets the patent