JUDGMENT

% 18.07.2025 MINI PUSHKARNA, J:

I.A. 10533/2024 (Application under Order XXXIX Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908 for injunction)

Introduction:

1. By way of the present judgment, this Court shall decide the application of the plaintiffs for injunction, being I.A. 10533/2024.

2. The present suit has been filed seeking permanent injunction for restraining infringement of Indian Patent No. IN 340060 (“IN „060”), which is titled as, ―Human Monoclonal Antibodies to Programmed Death 1 (PD-1) for use in treating Cancer‖ (“suit patent”). The suit patent is registered in the name of the plaintiffs and is currently valid and subsisting.

3. The suit patent covers and claims a monoclonal antibody, also known as „Nivolumab‟ or „5C4‟, in the complete specification of IN „060. Nivolumab is a therapeutic antibody used in the treatment of various forms of cancer. PD-1 is a protein found on T-cells, which are a type of immune cell, that help to keep the body‟s immune responses in check. Monoclonal antibodies are laboratory-produced engineered bio-molecules that can restore, enhance, modify or mimic the immune system‟s attack on cells that are not wanted, suc