NOVARTIS A.G. Vs. RANBAXY LABORATORIES LTD.

JUDGEMENT

(1.) The instant suit for permanent injunction, restraining infringement of Indian Patent 212815, rendition of accounts, delivery up, etc. has been filed by the Plaintiffs against the Defendant with the allegations that Plaintiff no. 1 is a company incorporated under the laws of Switzerland, having its registered office at Lichtstrasse 35, 4056, Basel, Switzerland. Plaintiffs no. 2 and 3 are the companies incorporated in India.

(2.) Plaintiff no. 3 is marketing pharmaceutical products containing the active pharmaceutical ingredient (API) Vildagliptin (subject matter of the suit patent), under co-marketing agreement with Plaintiff no. 2 and is therefore, adversely affected by the threatened infringing activities complained of in the suit.

(3.) The Plaintiffs claim that pharmaceutical products emanating from the Plaintiffs and sold under their famous brands are internationally known for their superior and high quality. Plaintiff no. 2 markets in India Vidagliptin and Vildagliptin + Metformin Hydrochloride in combination under the brands GALVUS and GALVUSMET respectively. Similarly, Plaintiff no. 3 is marketing in India Vidagliptin and Vildagliptin + Metformin Hydrochloride in combination under the brands VYSOV and VYSOV-M respectively.