Neutral Citation No.2022/DHC/004948

CS(COMM) 27/2020 Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Decided on: November 18, 2022

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CS(COMM) 27/2020

BRISTOL-MYERS SQUIBB HOLDINGS

IRELAND UNLIMITED COMPANY & ORS. ..... Plaintiffs

Represented by:

Mr.

Pravin Anand, Ms. Prachi

Agarwal, Ms. Ridhie Bajaj & Ms.

Rashi Punia, Advs.

Versus

BDR PHARMACEUTICALS

INTERNATIONAL PVT. LTD. & ANR.

..... Defendants

Represented by:

Mr. Parag P. Tripathi, Sr. Adv. with

Mr. J. Sai Deepak, Mr. Avinash

Kumar Sharma, Mr. Srinivasan

Ramaswamy and Mr. Ankur Vyas,

Advs.

Raheel Dharmesh Shah, respondent

No.4 through video conferencing.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

I.A. 2321/2020 (under Order XXXIX Rule 2A CPC)

I.A. 4451/2020 (under Order XXXIX Rule 2A CPC)

I.A. 5240/2020 (under Order XXXIX Rule 2A CPC)

1.

The plaintiffs filed the above suit, inter alia, seeking a decree of

permanent injunction against the defendants, its employees, officers, agents,

etc. for directly or indirectly dealing in any product including but not limited

to generic APIXABAN product that infringes the subject matter of the Indian

Patent No. IN‟247381, delivery up of all stocks of generic APIXABAN in

Digitally Signed By:ANIL

KUMAR BHATT

Signing Date:19.11.2022

17:51:10

Signature Not Verified

Neutral Citation No.2022/DHC/004948

CS(COMM) 27/2020 Page 2 of 18

possession of the defendants to the representatives of the plaintiff which

infringes those subject matter of IN‟247381.

2.

When the suit came up before this Court on 21^st January, 2020 the suit

was registered and as learned counsel for the defendants entered appearance,

arguments in I.A. No.803/2020 under Order XXXIX Rule 1 and 2 CPC were

heard. Vide order dated 30^th January, 2020 this Court passed an ad-interim

injunction in favour of the plaintiff and against the defendants in terms of

prayer (a) of para 17 of the application. Prayer (a) in para 17 of the

application reads as under:

“a) An order for ad interim injunction restraining the

Defendants, its directors, employees, officers, servants,

agents, stockists, retailers, semi-stockists, wholesalers,

marketers, distributors, any other entity/person in the chain of

supply and all others acting for and on its behalf from using,

making, selling, distributing, advertising (including on the

Defendants' website and third party websites), marketing,

exporting. offering for sale, importing or in any other manner,

directly or indirectly, dealing in any product including but not

limited a generic Apixaban product that infringes the subject

matter of the Indian Patent No. IN 247381;”

3.

Alleging that despite ad-interim injunction granted by this Court vide

order dated 30^th January, 2020 the defendants were selling their products in

the open market, the plaintiffs filed I.A. No.2321/2020 under Order XXXIX

Rule 2A CPC and in view of the fact that the case of the defendants was that

the product being sold in the market were prior to the injunction order, this

Court issued notice simpliciter in the application granting time to file reply

to the application. This was followed by another application being I.A. No.

4451/2020 under Order XXXIX Rule 2A CPC wherein the plaintiffs alleged

that the four respondents i.e. defendant No.1 & 2 who were impleaded in the

Digitally Signed By:ANIL

KUMAR BHATT

Signing Date:19.11.2022

17:51:10

Signature Not Verified

Neutral Citation No.2022/DHC/004948

CS(COMM) 27/2020 Page 3 of 18

suit as also Dharmesh Mahendra Shah and Raheel Dharmesh Shah i.e.

respondents No.3 & 4 in the a