SUGEN INC. Vs. A. RAO

JUDGEMENT

(1.) The three plaintiffs viz. Sugen Inc., Pfizer Inc & Pfizer Products India Pvt. Ltd. have instituted this suit against the two defendants i.e. defendant No.2 NATCO Pharma Ltd. and its President (Research & Development) & Additional Director Mr. A. Rao, for injunction from making, selling, distributing, advertising, exporting any product infringing the subject matter of Indian Patent No.209251. The said patent is for the drug "SUTENT" for treatment of gastrointestinal stromal tumors and advanced renal cell carcinoma.

(2.) Vide ex parte ad-interim order dated 22.06.2012, which continues to be in force, the defendants were restrained from infringing the said patent of the plaintiffs.

(3.) The defendants have contested the suit by filing the written statement and the defendant No.2 has also filed a counter claim for revocation of the said patent.