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2022 Supreme(HP) 392

AJAY MOHAN GOEL
Boehringer Ingelheim International GMBH 55216 – Appellant
Versus
Reddys Laboratories Limited Khol – Respondent


Advocate Appeared:
For the Appellant :M/S ASHOK AGGARWAL AND VINAY KUTHIALA, SENIOR ADVOCATES WITH M/S ATUL JHINGAN, SHILPA SOOD, SANJAY KUMAR, PRIYANSH SHARMA AND HARSHIT DIXIT, ADVOCATES)
For the Respondent:MR. BIPIN CHANDER NEGI, M/S JAI SAI DEEPAK, GURUSWAMY NATRAJAN, SHRADHA KAROL, ANKUR VYAS & UDIT KAUSHIK, ADVOCATES

ORDER :

OMPS No. 532 AND 565 OF 2021

This order shall dispose of OMP No. 532 of 2021, which has been filed by the plaintiffs/applicants under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure praying for interim directions as also OMP No. 565 of 2021, which has been filed under Order XXXIX, Rule 4, read with Section 151 of the Code of Civil Procedure, praying for vacation of ad-interim injunction, dated 20.10.2021.

2. Brief facts necessary for the adjudication of these applications are as under:-

Applicants/plaintiffs in OMP No. 532 of 2021 (hereinafter to be referred as ‘the plaintiffs’ for convenience sake) have filed a suit for permanent prohibitory injunction for restraining the defendants from infringing the patent owned by plaintiff No. 1 alongwith other ensuing reliefs. The case of the plaintiffs is that plaintiff No. 1 is a company incorporated under the laws of Germany and plaintiff No. 2 is a company registered under the Companies Act. Plaintiff No. 1 is the owner of plethora of patents worldwide, including Indian Patent No. 268846 (hereinafter to be referred as ‘subject patent or IN 846’ for short). The subject patent was granted in favour of plaintiff No. 1 on 18.09

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