Vifor International Ltd. & ANR. v. Aishwarya Health Care Private Limited & ORS.
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 167/2023 VIFOR INTERNATIONAL LTD. & ANR. ..... Plaintiffs Through:
Mr. Pravin Anand, Ms. Vaishali Mittal, Mr. Siddhant Chamola and Ms.
Gitanjali Sharma, Advs.
versus AISHWARYA HEALTH CARE PRIVATE LIMITED & ORS.
..... Defendants Through:
Mr. Ashutosh Kumar, Mr.
Swarnil Dey and Mr. Vivek Tiwari, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) % 24.11.2023 CS(COMM) 167/2023 1.
The grievance of the plaintiffs in this suit is that the defendants are infringing the plaintiffs' registered patent IN 221536 (IN'536) which claimed the compound FERRIC CARBOXYMALTOSE, under the brand name FEROCOSE FCM. Accordingly, the plaintiffs seek a decree of permanent injunction against the defendants from infringing the plaintiffs' registered patent IN 221536 and from manufacturing and clearing in the market FERRIC CARBOXYMALTOSE, which is subject matter of the suit patent.
2.
During the pendency of these proceedings IN'536 has expired on 20 October 2023.
CS (Comm) 167/2023 Page 1 of 6 By:HARIOM 14:31:22
3.
The defendants have filed an affidavit dated 22 November 2023 deposing, on oath, that neither have they manufactured nor sold any product comprising the compound FERRIC CARBOXYMALTOSE, prior to the expiry of the suit patent.
4.
In that view of the matter, Mr. Siddhant Chamola, learned Counsel for the plaintiffs does not press the present suit any further. He, however, prays that the court fees deposited by the plaintiffs may be refunded.
5.
The suit stands disposed of accordingly.
6.
The plaintiffs shall be entitled to refund of the court fee deposited by them.
I.A. 5770/2023 (Order XXXIX Rules 1 and 2 the CPC) and I.A. 5771/2023 (Order XI Rule 2 the CPC) 7.
These applications do not survive for consideration and stand disposed of.
C.HARI SHANKAR, J NOVEMBER 24, 2023 rb Click here to check corrigendum, if any CS (Comm) 167/2023 Page 2 of 6 By:HARIOM 14:31:22