NOVARTIS AG & ANR. vs NATCO PHARMA LIMITED

Judgment text excerpt

$~J3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 229/2019 & I.A. 10756/2024 NOVARTIS AG & ANR. .....Plaintiffs Through: Mr. Hemant Singh, Mrs. Mamta Rani Jha, Mr. Siddhanta Sharma, Mr. Abhay Tandon, Advocates M:8448683746 versus NATCO PHARMA LIMITED .....Defendant Through: Mr. J. Sai Deepak, Mr. Afzal B. Khan, Mr. Samik Mukherjee, Mr. Dominic alvares adn Mr. Avinash K. Sharma, Advs. M: 7585965845 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 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 Signature Not Verified Digitally Signed CS(COMM) 229/2019 Page 1 of 22 By:AMAN UNIYAL Signing Date:08.01.2025 17:03:06 5338/DELNP/2014 (IN‟5338) filed by the plaintiffs to the Parent Application 3951/DELNP/2009, which resulted in grant of IN‟26. It is the case of the defendant that the plaintiffs have suppressed documents pertaining to the Divisional Application which came to the knowledge of the defendant recently. 3. The present application came to be filed during the pendency of another application of the defendant, i.e. I.A. 4636/2023 under Order XXXIX Rule 4 CPC, seeking vacation of the interim injunction allowed in favour of the plaintiffs vide judgment dated 09th January,