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IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA, J
HELSINN HEALTHCARE SA – Appellant
Versus
HETERO HEALTHCARE LIMITED – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay filed. (Para 2 , 4) |
| 2. application for condonation of delay in replication. (Para 3) |
| 3. plaintiffs argue replication is timely. (Para 5 , 6) |
| 4. analysis of timeline and implications of procedural rules enforcement. (Para 7 , 13) |
| 5. court evaluates the challenge to replication timeline. (Para 8 , 9 , 10) |
| 6. court supports calculation of replication deadline. (Para 12) |
2. The Plaintiffs have filed the present Suit seeking permanent injunction restraining infringement of registered Patent No. 426553, damages, rendition of accounts and delivery up. The present Suit was listed for the first time before this Court on 30.04.2024 and this Court vide order dated 30.04.2024 granted an ad- interim injunction in favour of the Plaintiffs restraining the Defendant from selling, distributing or promoting, directly or indirectly in any manner, the Defendant’s product ‘NETUPIN’ or any other medicinal or pharmaceutical product, which infringes the Plaintiffs’ Patent. On 30.04.2024, the Plaint was registered as a Suit and the Summons were issued, which were served upon the Defendant on 21.05.2024.
3. The Defendant, thereafter, served and filed its Writ
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