ASTRAZENECA AB Vs. EMCURE PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) By these two applications the plaintiffs seek interim injunction restraining the defendants, its directors, agents, etc., from making, selling, distributing, exporting, offering for sale product comprising of the compound TICAGRELOR under the brand TICAPLAT by the defendant Emcure Pharmaceuticals Limited in CS(COMM) 561/2019 and under the brandname TIARE by MSN Laboratories Pvt. Ltd., the defendant in CS(COMM) 562/2019 or any other product that infringes the subject matter of Indian Patents No. IN 209907, IN 247984 and IN 272674 as also directions to withdraw the stock and render accounts for the same, besides damages and costs.

(2.) Case of the plaintiffs is that they are owners of Indian Patent Nos. IN 209907, IN 247984 and IN 272674 which cover the pharmaceutical compound TICAGRELOR. The said patents being valid and subsisting, the defendants in breach of the plaintiffs valid and subsisting patents have launched their generic version of TICAGRELOR under the brand names as aforesaid.

(3.) As per the plaintiffs, defendants claim that their products contain (1S, 2S, 3R, 5S)-3-[7-[(1R,2S)-2-(3,4-Difluorophenyl)cyclopropylamino]-5- (propylthio)-3H [1,2.3] triazolo [4,5-d]pyrimidin-3-yl]-5-(2- hydroxyethoxy)cyclopentane-1,2-diol which is the empirical formula of TICAGRELOR i.e. C23H28F2N604S and its molecular weight is 522.57 g/mol..."