M. Jaichandren, J.

1. The Original Side Appeal, in O.S.A.No.36 of 2012, had been filed against the order, dated 12.12.2011, made in Application No.4644 of 2011, in C.S.No.408 of 2011.

2. The Original Side Appeal, in O.S.A.No.37 of 2012, had been filed against the order, dated 12.12.2011, made in the Original Application, in O.A.No.514 of 2011, in C.S.No.408 of 2011.

3. The appellants in the present Original Side Appeals are the plaintiffs in the suit, in C.S.No.408 of 2011.

4. The application in A.No.4644 of 2011, had been filed praying that this Court may be pleased to revoke the leave granted to the plaintiffs to institute the suit before this Court, vide A.No.2718 of 2011, dated 14.6.2011.

5. The original application, in O.A.No.514 of 2011, in C.S.No.408 of 2011, had been filed praying that this Court may be pleased to grant an order of ad-interim injunction restraining the defendant, its directors, employees, officers, servants, agents, men, representatives and all others acting for and on their behalf, from making, selling, distributing, advertising, exporting, importing, offering for sale and in any other manner, directly or indirectly, dealing in pharmaceuticals or any chemical compound product that infringes the subject matter of Indian Patent No.196774, registered by the plaintiffs, pending disposal of the suit.

6. By a common order, dated 12.12.2011, the learned single Judge of this Court had allowed the application, in A.No.4644 of 2011, and the leave granted had been ordered to be revoked, holding that no cause of action had accrued to the plaintiffs, within the jurisdiction of this court, to maintain the suit, in C.S.No.408 of 2011.

7. The brief facts of the case, as stated by the plaintiffs, who are the appellants in the present Original Side Appeals, are as follows:

7.1. The first plaintiff is one of the world’s leading research focused healthcare groups in the fields of pharmaceuticals and diagnostics and it has been involved in the discovery, development, production and marketing of novel healthcare solutions, for more over 100 years. It is one of the world's largest biotech company and an innovator of products and services, for the early detection, prevention, diagnosis and treatment of diseases. It is also the world leader in in-vitro diagnostics and drugs for cancer and transplantation, and it is a market leader in virology and it is also active in other major therapeutic areas, such as autoimmune diseases, inflammation, metabolic disorders and diseases of the central nervous system.

7.2. The first plaintiff had been entering into collaborative agreements and alliances with numerous partners, including companies, universities and research institutions. It has over 80,000 employees world wide and it has invested over 9 Billion Swiss Francs in the areas of research and development.

7.3. The second plaintiff is committed to ‘shaping medicine and changing lives’, by discovering, developing and commercializing high quality, novel and differentiated personalized medicines, designed to extend life and to improve the quality of life of the patients who are suffering from cancer. It specializes in the discovery and development of innovative molecular targeted therapies, with an aim to address special and significant medical needs, and it is also a pioneer in providing therapies for patients suffering from life threatening diseases.

7.4. The second plaintiff had entered into an agreement with Pfizer, Inc. on 1.4.1986 to conduct collaborative research in the field of cancer. The agreement had been renewed and modified, on 1.4.1991 and 1.4.1996. The research had ultimately led to the discovery of an Epidermal Growth Factor Receptor Tyrosine Kinase (EGFR TK) inhibitor. On account of the acquisition of Warner Lambert by Pfizer, Inc., the Federal Trade Commission of the United States of America required Pfizer, Inc. to divest its rights in and towards an Epidermal Growth Factor Receptor Tyrosine Kinase (EGFR