Bayer Intellectual Property Gmbh & ANR v. M Mehrotra & ANR
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 755/2018 & I.A.Nos.4084-4086/2018 BAYER INTELLECTUAL PROPERTY GMBH & ANR ..... Plaintiffs Through Mr.Pravin Anand with Mr.Nischal Anand and Mr.Sanchith Shivakumar, Advocates.
versus M MEHROTRA & ANR ..... Defendants Through Mr.Rajeshwari H. with Mr.Kumar Chitranshu, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 23.03.2018 Present suit has been filed for permanent injunction restraining infringement of Patent No.211300, damages, rendition of accounts etc.
Ms.Rajeshwari H., Advocate appears for the defendants on seeing the matter in the cause list and states that she will file her vakalatnama in the course of the day. She is permitted to handover the vakalatnama to the Court Master during the course of the day and same be taken on record.
Learned counsel for the defendants states that she has instructions from the defendants to state that the defendants have no intent to infringe the suit Patent No.211300 and will manufacture and market the drugs with the said patent only after the term of patent has
expired. She states that the defendants have only been conducting R&D studies with regard to the molecule in question. She further states that the defendants have till date neither manufactured nor exported the impugned drug for commercial purposes. The statements/undertakings made by learned counsel for the defendants are accepted by this Court and the defendants are held bound by the same.
A decree is accordingly passed in favour of the plaintiffs and against the defendants in terms of paragraph 41(a) of the plaint verified on 22nd March, 2018 and in terms of above and with further clarification that in the event of any modification/setting aside of the order impugned in RFA(OS)(COMM) 6/2017, the plaintiffs shall be entitled to take further appropriate action as they may then be entitled to. In the event, the defendants export the impugned drug even for R&D purposes, the defendants are directed to notify to the plaintiffs the country of export as well as the quantity of consignment. The parties to bear their own costs.
Decree sheet be drawn up.
MANMOHAN, J MARCH 23, 2018 KA