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IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA
Astellas Pharma Inc – Appellant
Versus
Everest Pharmaceuticals Limited – Respondent
| Table of Content |
|---|
| 1. patent infringement necessitates protection for patent holders to avoid unauthorized market competition. (Para 25 , 36) |
| 2. interim injunctions can be granted based on prima facie cases of patent infringement. (Para 50 , 51) |
ORDER :
I.A. 18475/2025 (seeking discovery, production and inspection of the Defendants’ documents.)
1. This is an application filed under Order XI Rule 1, 3 and 5 of the Civil Code of Procedure, 1908 (‘CPC’) [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 of CPC seeking a direction to Defendants to discover on affidavit the documents/details as mentioned at paragraphs 9 to 12 of the captioned application.
2. Issue notice. Learned counsel for Defendant no. 8 accepts notice.
3. Upon Plaintiffs taking the appropriate steps, issue notice to the remaining Defendants through all modes.
4. Let the reply to this application be filed within a period of two (2) weeks.
5. Rejoinder thereto, if any, be filed within a period of two (2) weeks thereafter.
6. List before the learned Joint Registrar (J) on 09.09.2025.
I.A. 18476/2025 (seeking leave to f
Patent holders are entitled to seek injunctions against infringing products to protect their rights and maintain market integrity.
The court upheld that protecting registered trademarks from potentially infringing use requires establishing a prima facie case, balance of convenience, and potential for irreparable harm.
A plaintiff must demonstrate a prima facie case of trademark infringement, supported by evidence of prior use and likelihood of consumer confusion to obtain an ex-parte injunction.
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