A prima facie case of patent infringement exists where a party engages in unauthorized activities concerning a patent, justifying ex parte injunction.

ORDER

(By Video Conference on account of COVID-19)

I.A. 2417/2022 (exemption)

1. Subject to the plaintiffs filing legible copies of any illegible and dim documents on which it may seek to place reliance within a period of four weeks from today, exemption is granted for the present.

2. The application is disposed of.

I.A. 2395/2022 (exemption)

3. For the reasons stated in the application, exemption is granted from the requirement of pre-institution mediation.

4. The application is allowed accordingly.

I.A. 2394/2022 (Section 149 of the CPC)

5. Mr. Pravin Anand, learned Counsel for the plaintiffs, submits that court fee would be paid within two days from today.

6. Granting liberty to the said effect, the application is disposed of.

I.A. 2393/2022 (Order XI Rule 1(4) CPC)

7. Subject to the right of the defendant to admit or deny the same, the plaintiffs are permitted to place additional documents within a period of four weeks from today after giving an advance copy to the learned Counsel for the opposite side.

8. The applications stand allowed accordingly.

CS(COMM) 101/2022 and I.A. 2391/2022 (Order XXXIX Rules 1 and 2 CPC)

9. The plaintiffs assert Indian Patent IN 297581, which was granted on 11thth July, 2018 and is valid till 25 July, 2032.

10. IN 297581 claims a compound named Osimertinib, which is an anticancer drug.

11. The plaint avers that Osimertinib stands disclosed by way of exemplification in Example 28 in the complete specifications in IN 581. The biological activity of Osimertinib is also disclosed in the complete specifications of the suit patent.

12. The plaintiffs claim to be marketing Osimertinib, in 40 mg and 80 mg strengths, under the brand name "Tagrisso".

13. The plaintiffs allege that the defendant, without any authorization or obtaining any license from the plaintiffs and without filing any pre or post grant opposition to the suit patent, and, therefore, without clearing the way, is infringing the suit patent by inviting contract manufacturers to manufacture Osimertinib tablets in 40 mg and 80 mg strengths. The plaintiffs came to know of this by way of a flyer, which was being distributed by the defendant and which contains the following depiction:

14. The defendant, it is asserted, is soliciting large orders, upwards of one lakh tablets, to be placed as a minimum order quantity, and is also undertaking to supply drugs within 7 to 8 weeks. As such, the plaintiffs assert that, if an interlocutory order is not granted at this stage, the defendant is likely to flood the market with the infringing products.

15. It is in these circumstances that the plaintiffs have filed the present suit, praying for a decree of permanent injunction, restraining the defendant from doing any act as would infringe the suit patent IN 297581. Additionally, orders for damages and rendition of accounts have also been sought in the plaint.

16. In the circumstances, let the plaint be registered as a suit.

17. Issue summons in the suit to the defendant, returnable on 22nd April, 2022 before the Joint Registrar for completion of pleadings, admission and denial of documents and marking of exhibits.

18. Written statement, if any, be filed within a period of four weeks accompanied by an affidavit of admission and denial of the documents filed by the plaintiffs w