IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMEET PRITAM SINGH ARORA, J.
Astellas Pharma Inc and Another - Appellants
Versus
Everest Pharmaceuticals Limited and Others - Respondents
CS (COMM) No. 780 of 2025, I.A. Nos. 18474-18481 of 2025
Decided On : 01-08-2025
| 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 file additional documents)
7. The present application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of CPC , seeking to place on record additional documents within thirty (30) days.
8. The Plaintiff, if it wishes to file additional documents, will file the same within 30 days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).
9. For the reasons stated in the application, the same is allowed.
10. Accordingly, the application is disposed of.
I.A. 18477/2025 (seeking exemption)
11. This application has been filed by the plaintiff under Section 151 of CPC seeking exemption from filing clear copies, translated copies, and/or with exact margins. The plaintiff seeks two (2) weeks to file clear copies and/or translated copies and/or with exact margins of the documents listed at paragraph 2 of the captioned application.
12. The clear copies and/or translated copies and/or with exact margins of the documents shall be filed within two (2) weeks.
13. Accordingly, the application stands disposed of.
I.A. 18478/2025 (seeking extension of time for filing of Court fees)
14. Learned counsel for the Plaintiff states that the court fee already stands filed and shall be on record within one (1) week.
15. The time sought for is granted, failing which the consequences of Order VII Rule 11(b) CPC shall follow.
16. In view of the aforesaid directions, the application is disposed of.
I.A. 18479/2025 (seeking exemption from pre-litigation mediation)
17. This is an application under Section 12A of the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act, 2015, read with Section 151 of CPC , seeking exemption from instituting pre-litigation mediation.
18. Having regard to the facts that the present case and in light of the judgment of Hon’ble Supreme Court in Yamini Manohar v. T.K.D. Keerthi , [(2024) 5 SCC 815] , exemption from attempting pre-institution mediation is granted to the Plaintiff.
19. Accordingly, the application stands disposed of.
I.A. 18480/2025 (seeking permission to serve defendant no. 7 via WhatsApp)
20. This is an application filed by the Plaintiffs under Section 11 of the CPC seeking permission to effect advance service of the suit paparbook Defendant no. 7 via WhatsApp.
21. For the reasons stated in the application, the same is allowed.
22. Accordingly, the application stands disposed of.
I.A. 18481/2025 (seeking time for filing the required certificate under 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023 )
23. This is an application filed by the Plaintiffs under Section 151 CPC seeking time for filing the required certificate under 63(4)(c) of the Bharatiya Sakshya Adhiyam, 2023 (‘ BSA ’).
24. Subject to the
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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