Pfizer Inc. & ORS v. Nagesh Palepu & ORS

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 737/2018, I.A. 3620/2018, I.A. 3631/2023 & I.A. 13078/2023 PFIZER INC. & ORS ..... Plaintiffs Through:

Mr.

Pravin Anand, Ms.

Tusha Malhotra and Ms. Tanvi Bhatnagar, Advocates.

versus NAGESH PALEPU & ORS ..... Defendants Through:

Mr. Rahul Kumar, Advocate for D-2.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.05.2024 1.

Pursuant to the previous order of this Court, dated 07th February, 2024 the undertaking on behalf of defendant no.2 has since been filed. 2.

Defendant no.2 is a company and post culmination of insolvency proceedings was taken over by new management viz. M/S Vance & Health Pharmaceuticals Pvt. Ltd., duly confirmed by order dated 01st October, 2021, passed by the National Company Law Tribunal, Hyderabad. 3.

Para 8 of the said undertaking is extracted as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:18:49

4.

In view of the same, Mr. Pravin Anand, counsel for plaintiffs, states on instructions that plaintiffs are willing to accept the undertaking and give up their relief relating to costs and damages. 5.

Defendant no.3 was proceeded ex parte on 27th December, 2022. 6.

Defendant no.1 was the earlier promoter of defendant no.2, which is now substituted by the new management.

7.

Accordingly, decree is passed in the following terms: (i) Decree of permanent injunction restraining defendants, directors, employees, officers, agents, associate and group companies and all those acting for and on their behalf from using, making, selling, distributing, promoting, dealing in any manner directly or indirectly in products that infringe the subject matter of IN 243571, IN 250050 ('Crizotinib') and IN 268331 ('Tygecycline'). 8.

Decree sheet be drawn accordingly.

9.

Accordingly, the suit is disposed of. All pending applications, if any, are rendered infructuous.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 8, 2024/MR/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:18:49