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2011 Supreme(Mad) 4650

R.BANUMATHI, R.MALA
Matrix Laboratories limited – Appellant
Versus
F. Hoffman -La Roche Ltd. , rep. by its Constituted Attorney Sujatha Subramaniam – Respondent


Advocates Appeared:
For the Appellant:T.V. Ramanujam, Senior Counsel for Feroz Ali, Advocate.
For the Respondents - P.S. Raman, Senior Counsel for M.S. Bharath, Advocate.

Judgment :-

R.BANUMATHI, J. & R. MALA, J.

1. Whether this Court has jurisdiction to entertain Patent Infringement suit in the matter of Patent No.196774 - Erlotinib Hydrochloride and whether learned single Judge was right in refusing to revoke the leave granted in Application No.5166 of 2010 in C.S.No.801 of 2010 are the points falling for consideration in this appeal arising out of the Order made in A.No.5529 of 2010.

2. Briefly stated case of respondents/plaintiffs is:-

Respondents are two multi-national Pharmaceutical Companies with Office outside India. Appellant is a Pharmaceutical Company having its office at Secunderabad. Pfizer Products, Inc. had applied for grant of a patent in respect of the CP-358, 774 compound, also known as Erlotinib Hydrochloride and its process vide Application No.537/DEL/1996 on 13.3.1996. Subsequently, Pfizer Inc. assigned their entire right in and to the above patent application to Pfizer Products Inc., who in turn has assigned one half share to respondent No.2. The Indian Patent No.196774 was granted to the respondent No.2 and Pfizer Products. The Controller vide his covering letter dated 6.7.2007 noted that the grant of Patent has been recorde













































































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