Centaur Pharmaceuticals Pvt.Ltd v. La Renon Health Care Pvt.Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MS.JUSTICE P.T. ASHA 1.CENTAUR PHARMACEUTICALS PVT.LTD Centaur House, Shantinagar, Vakola, Satacruz (E), Mumbai-400 055, Rep.By Director Ms.Rakhi Kadam Authorised Signatory 2.KIBOW BIOTECH INC.

4781, West Chester Pike, Newtown Square, PA 19073, United States Of America, Rep.By Its Director Rahik Kadam Authorised Signatory ... Plaintiffs Vs.

1.LA RENON HEALTH CARE PVT.LTD.

No.207-208 ISCON Elegance, Circle P, Prahlad Nagar Cross Rd. SG Highway, Ahmedabad-380 015 Rep. by its Directors 2.STANFORD LABORATORIES PVT. LTD.

5th Floor, Caddie Commercial Tower, Aerociy, New Delhi-110 037, Rep. by its Directors ...Defendants

Prayer: Plaint has been filed under Order IV Rule 1 of Original Side Rules r/w. SS.2(1)(c)(xvii) & S.7 of the Commercial Courts Act, 2015 r/s Ss.48, 68, 69, 104, 108 - 109 of the Patents At, 1970 to grant a judgement and decree on the following terms:- a) Grant permanent injunction restraining the Defendants, their directors. shareholders, men, agents, partner, associate, officer, representative, servant and all other persons acting on Defendants' behalf or in their interest from in any manner infringing the Plaintiffs Patent No.224100 by in any manner using the Patent No.224100, and/or manufacturing, marketing, selling products infringing Patent No.224100 whether under the name Cudo Cudo Forte and/or 'Probigress' or otherwise; (b) Direct the taking of accounts of the Defendants with respect to use of the Patent No.

224100 and/or manufacture.

(c) Direct the seizure, forfeiture and destruction of all Defendants products, including any raw materials used to manufacture the infringing products, and all materials. information and packaging used to market or sell the infringing products under the name 'Cudo'. 'Cudo Forte' and/or Probigress or otherwise;

(d) Award damages of Rs.1,00,00,000/- against the Defendants; (e) An order for costs of the proceedings; and (f). Such other order or orders as this Hon'ble Court may fit and proper in the facts and circumstances of the present case. For Plaintiff : M/s.Vineet Subramani For Defendants : Mr.Adarsh Ramanujan [D.1 and D.2] J U D G E M E N T The learned counsel for the Plaintiff seeks permission of this Court to withdraw the suit and he has also made an endorsement to that effect.

2. In view of the submission and endorsement made by the learned counsel for the Plaintiff, this Suit is dismissed as withdrawn. No costs. 11.09.2023 Index:Yes/No Speaking order/Non-speaking order shr

P.T. ASHA, J.

shr 11.09.2023