ELI LILLY AND COMPANY Vs. BRYAN PHARMACEUTICALS

JUDGEMENT

(1.) The plaintiff is the owner of Indian Patent, IN 270765, in respect of the compound, "Baricitinib" , which is marketed in India, under the brand name/trademark, Olumiant- , a trademark of which Plaintiff No. 1 is the registered proprietor.

(2.) Plaintiffs 1 and 2 were granted, on 3/5/2021, "Emergency Use Approval' (EUA) for use of "Baricitinib" in its combination with Remdesivir, for treatment of COVID-2019. Following such grant, the plaintiff entered into eight royalty-free voluntary license agreements with various Indian pharmaceutical companies, permitting the companies to distribute Baricitinib, under their individual trademark/ brand names, solely for the purpose of treatment of COVID-2019 and for no other purpose.

(3.) The plaint complaints that Defendants 1 to 19, were marketing and advertising for sale, "Barinat" , the brand name under which Defendant No. 21, i.e.M/s Natco Pharma Ltd., was manufacturing and marketing "Baricitinib" as a treatment for rheumatoid arthritis. This, it was contended, was a breach of the agreement between the plaintiff and Defendant 21, which permitted use of "Barinat" , only for treatment of COVID-2019.