JUDGEMENT

JYOTI SINGH, J.

I.A. 8126/2022 (under Order XXXIX Rules 1 and 2 CPC, by Plaintiffs)

1. This judgment shall dispose of the present application filed by the Plaintiffs under Order XXXIX Rules 1 and 2 CPC. The suit out of which the application arises has been filed seeking a decree of permanent injunction against the Defendant and those acting on its behalf inter alia from infringing the patent rights of the Plaintiffs under Indian Patent No. 298645 (IN’645), by using directly or indirectly any process(s) covered by the said patent granted by the Controller of Patents, in favour of the Plaintiffs on 06.12.2005.

2. It is averred in the plaint that E.I. DU PONT DE NEMOURS AND COMPANY, a US based company, was granted the suit patent IN 298645 (IN ‘645) on 09.07.2018 under Section 43 of the Patents Act, 1970 (hereinafter referred to as the ‘Act’) titled ‘METHOD FOR PREPARING N-PHENYLPYRAZOLE-1-CARBOXAMIDES’. By a confirmatory Assignment Agreement dated 01.05.2018, rights in the suit patent were assigned in favour of the Plaintiffs with effect from 01.11.2017 and the patent is currently valid and subsisting. The date of expiry of IN’645 is 06.12.2025 and indisputably, no pre-grant an