AET LABORATORIES PVT LTD & ANR. vs HELSINN HEALTHCARE SA

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24.01.2025 + FAO(OS) (COMM) 18/2025 AET LABORATORIES PVT LTD & ANR. .....Appellants Through: Mr.Tarun Khurana, Adv versus HELSINN HEALTHCARE SA .....Respondent Through: Mr. Neel Mason, Mr. Vihan Dang, Mr. Ujjawal Bhargava, Ms. Shivani Chaudhary, Mr.Aditya Mathur, Ms. Anuparna Chatterjee Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MR. JUSTICE MANOJ JAIN NAVIN CHAWLA, J. (Oral) CM APPL. 4699/2025 & CM APPL. 4700/2025 (Exemption) 1. Allowed, subject to all just exceptions. FAO(OS) (COMM) 18/2025 & CM APPL. 4697-98/2025 2. This appeal has been filed by the appellant, challenging the Order dated 23.12.2024 passed by the learned Single Judge of this Court on I.A.49552/2024 in CS(COMM)1188/2024, titled Helsinn Healthcare SA vs. AET Laboratories Pvt Ltd & Anr., by which the learned Single Judge, having taken note of the contentions of the respondent herein, passed an ad interim ex-parte order of injunction in the following terms: Signature Not Verified Digitally Signed FAO(OS)(COMM) 18/2025 Page 1 of 3 By:SUNIL Signing Date:31.01.2025 17:50:13 “44. Consequently, till the next date of hearing, an ad interim injunction is passed restraining the defendants and all those acting for or on their behalf from commercially launching the infringing product in India without approval of this Court.” 3. The learned counsel for the appellant submits that the Impugned Order is liable to be set aside as it fails to appreciate that no part of cause of action had arisen in India. He further submits that post-grant opposition to the patent of the respondent is also pending adjudication. He raises further objections against the Impugned Order. 4. Issue notice. 5. Notice is accepted by the learned counsel for the respondent.