ELI LILLY AND COMPANY Vs. NATCO PHARMA LIMITED

JUDGEMENT

(1.) This hearing is conducted through video conferencing.

(2.) It is stated that the present suit for alleged infringement of the patent IN 297760 was listed on 19.06.2020 when the defendants appeared through their learned counsel and accepted the notice. It is stated that the defendants tried their best to file the written statement within 30 days. It is stated that for filing the written statement the defendants had to go through multiple patents or non-patent literature running into 7000 pages approximately based on which the plea of invalidity of the suit patent is taken. It is stated that the 30 days period expired on 19.07.2020. The 120 days period to file written statement expired on 17.10.2020. The defendants filed the written statement on 17.10.2020. Thus, there is a delay of 89 days in filing of the written statement. Hence, it is prayed that this court may condone the delay of 89 days in filing of the written statement.

(3.) The application being IA No.7146/2020 is filed under Order VIII Rules 1 and 10 of the Amended Commercial Courts, Commercial Division And Commercial Appellate Division of High Court Act, 2015 by the plaintiffs praying that the right of the defendants to file the written statement and reply to IA No.4640/2020 may be closed and a judgment in favour of the plaintiffs and against the defendants be pronounced.