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IN THE HIGH COURT OF DELHI AT NEW DELHI
MS. JUSTICE MINI PUSHKARNA, J
NOVARTIS AG – Appellant
Versus
NATCO PHARMA LIMITED – Respondent
| Table of Content |
|---|
| 1. plaintiffs seek permanent injunction on patent infringement. (Para 1 , 2 , 3) |
| 2. divergent arguments on the credibility of additional written statement. (Para 4 , 5) |
| 3. discretion of courts in allowing additional written statements. (Para 10 , 19 , 20) |
| 4. facts regarding divisional application and its impact on the suit. (Para 15 , 16 , 17) |
| 5. court permits additional written statement relevant to ongoing litigation. (Para 29 , 30 , 31) |
JUDGMENT
08.01.2025 MINI PUSHKARNA, J: I.A. 10756/2024 (Application seeking leave to file additional written statement)
1. The instant suit has been filed by the plaintiffs seeking permanent injunction restraining the infringement of plaintiff no.1‟s Indian Patent No. 276026 (IN‟026), rendition of accounts/ damages and delivery up, etc.
2. The present application has been filed under Order VIII Rule 9 of the Code of Civil Procedure, 1908 (“CPC”), by the defendant seeking leave to file additional written statement. The defendant seeks to bring on record the pleadings and grounds related to the Divisional Application, i.e. IN 5338/DELNP/2014 (IN‟5338) filed by the plaintiffs to the Parent Application 3951/DELNP/2009, which resulted in gra
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