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2019 Supreme(Online)(DEL) 2465

HIGH COURT OF DELHI
NATCO PHARMA LTD – Appellant
Versus
BRISTOL MYERS SQUIBB HOLDINGS IRELAND UNLIMITED COMPANY& ORS – Respondent


O R D E R

% 16.07.2019 Dr. S. Muralidhar, J.:

1. Notice. Notice is accepted by learned counsel for the Respondents. With the consent of learned counsel for the parties the appeal has been heard finally.

2. This appeal by the Defendant in CS (COMM) 342 of 2019 is directed against an order dated 5th July 2019 passed by the learned Single Judge in IA No.8873 of 2019 in the said suit whereby inter alia the Appellant was restrained from infringing Indian Patent IN No.247381 (hereafter referred to as „the suit patent‟) held by the Respondents/Plaintiffs.

3. There are 3 Respondents in this appeal. They correspondingly were Plaintiffs 1, 2 and 3 in the aforementioned suit. They will be referred to in this order, for convenience, as Plaintiffs 1, 2 and 3, just as the Appellant will be referred to as the Defendant.

4. Plaintiff No.1 is Bristol-Myers Squibb Holdings Ireland Unlimited Company, which is a company incorporated in the laws of Ireland, with its head office in Switzerland. Plaintiff No.2 Bristol-Myers Squibb India Pvt. Ltd. is incorporated under the Companies Act, 1956, having its registered office in Mumbai and another office in New Delhi. It is a subsidiary of Plaintiff No.1 and marke

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