The expiration of a patent negates the possibility of injunction for existing stock; nominal costs may still be awarded for prior infringement.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit has been filed seeking permanent injunction restraining infringement in respect of the Plaintiffs' patent bearing Indian Patent No. IN 247381, titled "Lactam-Containing Compounds and Derivatives Thereof as Factor Xa Inhibitors". The same is a novel pharmaceutical preparation, also known by the INN name `APIXABAN'. The patent was granted by the Patent Office on 4th April, 2011 and the term of the patent is till 17th September, 2022. The case of the Plaintiffs is that the Defendants were manufacturing and offering for sale generic Apixaban products under the brand names `APIXAZ' and `APIQUIS' on third party e-commerce websites and on social media platforms.

3. Vide order dated 8th November, 2021, an ad-interim injunction was granted in the following terms:

"3. Accordingly, an ad interim injunction is passed in favour of the plaintiff and against the Defendants, their directors, employees, officers, servants, agents, associate and group companies and all others acting for and on their behalf from using, making, selling, distributing, advertising (including on the Defendant No. 2's website and on third party e-commerce website, www.indiamart.com), exporting, importing and offering for sale, or in any other manner, directly or indirectly, dealing in any product (in any form), including but not limited to the brand names 'Apixaz' and 'Apiquis' or any other brand name, that infringes the subject matter of Indian Patent Nos. 247381 and permanently delist and remove all advertisements/links relating to the infringing generic products 'Apixaz' and 'Apiquis' from any website, including but not limited to Defendant No. 2's website https://zeelabpharmacy.com and on third party website www.indiamart.com. that infringes the subject matter of Indian Patent Nos. 247381."

4. Ld. counsel for the Defendants had entered appearance and vide order dated 14th January, 2022, the matter was referred to mediation. However, mediation had failed. At that stage, vide order dated 19th April, 2022, the Defendants were directed to file on record an affidavit disclosing the stock/quantum of the impugned products sold by them. The said directions in the order dated 19th April, 2022 read as under:

"3. Let the Defendant file on record an affidavit, disclosing how much stocks/quantum of the impugned products were sold by them and the value of the impugned products, within two weeks."

5. An application under Order XXXIX Rule 2A CPC was also filed by the Plaintiff alleging that the Defendants continue to promote the impugned products on third party websites including IndiaMart. On 28th April, 2022, notice was issued in the said application and the Defendants had submitted that despite following up with the third-party website, the listings had not been removed. Accordingly, on the said date, ld. Counsel for IndiaMart had assured the Court that the listings would be removed within 36 hours of the Plaintiff providing them a list of the impugned URLs.

6. Today, ld. Counsel for Defendant Nos. 1 and 2 has handed over an affidavit of Sh. Chander Shekhar (Mb. No. 8130791122), the Assistant Manager of Defendant Nos. 1 and 2 companies, which reads as under:

"I, the above name deponent, do hereby solemnly affirm and declare as under:

1. I say that I am the Authorized Signatory of Defendant No. 1 and 2 in the captioned Suit, and I am conversant with the facts and circumstances of the captioned case and as such I am competent to swear this Affidavit.

2. I say that the present suit has been filed by the Plaintiffs against the Def