CHUGAI SEIYAKU KABUSHIKI KAISHA Vs. NATCO PHARMA LIMITED

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed seeking permanent injunction restraining infringement of Indian Patent No.294424 (hereinafter, "suit patent") which is titled "TETRACYCLIC COMPOUND", along with damages, rendition of accounts, delivery up, and other reliefs, against the Defendant. According to the suit patent, the claimed tetracyclic compound, salts or solvates thereof are useful, inter alia, in the treatment of diseases including cancer. The suit patent discloses and covers a compound having the International Non-Proprietary Name (INN) " "Alectinib", being commercially sold by the Plaintiffs under the brand name Alecensa". The term of the suit patent of expires on 9/6/2030.

(3.) The Plaintiff No.1 " Chugai Seiyaku Kabushiki Kaisha (also known as "Chugai Pharmaceutical Co. Ltd.") is a company headquartered in Japan and is a leading innovator in the healthcare industry. Plaintiff No.2 " F. Hoffmann-La Roche AG is a company headquartered in Switzerland and is also one of the world's largest pharmaceutical company. As per the Plaint, Plaintiff No.1 is the patentee of the suit patent and the Plaintiff No.2 is the exclusive licensee of the suit patent by virtue of an exclusive license agreement dtd. 31/10/2012 entered into between the Plaintiffs.