Boehringer Ingelheim Pharma Gmbh And Co Kg & ANR. v. Vee Excel Drugs And Pharmaceuticals Private Limited & ORS.

$~6 and 27-31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

FAO(OS) (COMM) 77/2023 CM APPL. 20358/2023 CM APPL. 20359/2023 GMBH AND CO KG & ANR.

Mr.Sandeep Sethi, Sr Advocate with Advocates VEE EXCEL DRUGS AND PHARMACEUTICALS PRIVATE LIMITED & ORS.

Mr.Ajay Amitabh Suman, Advocate.

(27) FAO(OS) (COMM) 74/2023 CM APPL. 20328/2023 CM APPL. 20329/2023 GMBH AND CO KG & ANR.

Advocates ALKEM LABORATORIES LTD & ANR.

Mr.George Vithayathil, Advocate.

(28) FAO(OS) (COMM) 75/2023 CM APPL. 20332/2023 CM APPL. 20333/2023 GMBH AND CO KG & ANR.

Mr.Sandeep Sethi, Sr Advocate with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Advocates MICRO LABS LIMITED & ANR.

Mr.Afzal B Khan, and Mr.Samik Mukherjee, Advocates (29) FAO(OS) (COMM) 76/2023 CM APPL. 20336/2023 CM APPL. 20337/2023 GMBH AND CO KG & ANR.

Advocates MANKIND PHARMA LIMITED Mr.George Vithayathil, Advocate..

(30) FAO(OS) (COMM) 78/2023 CM APPL. 20362/2023 CM APPL. 20363/2023 GMBH AND CO KG & ANR.

Mr.Sandeep Sethi, Sr Advocate with Advocates NATCO PHARMA LIMITED & ANR.

Mr.G.Nataraj and Ms.Varsha Jhavar, Advocates for R1.

Mr.Afzal B Khan, and Mr.Samik Mukherjee, Advocates for R2.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(31) FAO(OS) (COMM) 79/2023 CM APPL. 20366/2023 CM APPL. 20367/2023 GMBH AND CO. KG & ANR.

Advocates.

VEE EXCEL DRUGS AND PHARMACEUTICALS PRIVATE LIMITED & ORS.

Mr.Ajay Amitabh Suman, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 21.02.2024 1.

The appellant has filed the present appeals impugning an order dated 29.03.2023 passed by the learned Single Judge whereby the applications filed under Order XXXIX Rule 1 & 2 of the Civil Procedure Code, 1908 seeking interim orders restraining the respondents from infringing the patents, were rejected.

2.

The learned counsels for the parties state that the said patents have since expired and the appellant, in any event, cannot now claim interim orders or reliefs restraining any party from infringing the said patent. 3.

Mr.Sethi, learned senior counsel appearing on behalf of the appellant fairly states that the principal relief does not survive any more. However, he states that the learned Single Judge had also imposed heavy costs, which in the present case, is wholly unjustified.

4.

The impugned order restraining infringement of patents in question The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

does not survive and is vacated. In so far as payment of costs is concerned, we do not consider it apposite to entertain these appeals. However, we clarify that the costs as imposed by the learned Single Judge shall be subject to the final outcome in the suits. The appellant shall deposit costs with the Registrar General of this Court (instead of paying the same to the respondents or the Delhi High Court Legal Services Committee). The Registrar General of this Court shall keep the amount deposited in an interest bearing account and the same would be abide by the orders that may be passed by the learned Single Judge at the time of final disposal of the suits.

The rights and contentions of the parties are not foreclosed. The impugned orders are modified to the aforesaid extent. 5.

In view of above, the appeal(s) stand disposed of with aforesaid clarification. Pending applications also stand disposed of. VIBHU BAKHRU, J TARA VITASTA GANJU, J FEBRUARY 21, 2024 M The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.