TEVA PHARMACEUTICAL INDUSTRIES LTD Vs. NATCO PHARMA LIMITED

JUDGEMENT

(1.) IA No. 10390 of 2013 is an application under Order VII Rule 10 CPC filed by Natco Pharma Limited ('Natco') for return of the plaint for want of jurisdiction. IA No. 10389 of 2013 is an application filed by Natco under Order VII Rule 11 CPC seeking rejection of the plaint. Natco has also filed IA No. 10638 of 2013 under Sections 10 and 11 of the CPC praying that further proceedings in CS (OS) No. 3193 of 2012 should be stayed in view of the pendency of the earlier suit CS (OS) No. 1708 of 2007.

(2.) The background to the present applications is that Teva Pharmaceuticals Industries Ltd. ('Teva'), Yeda Research and Development Co. Ltd. ('Yeda') and Regent Drugs Ltd. ('RDL') filed CS (OS) No. 1708 of 2007 in this Court against Natco for a permanent injunction restraining infringement of Indian Patent No.190759 and for a permanent injunction restraining Natco and its agents from directly or indirectly managing, selling or offering for sale, exporting, marketing, commercialising or registering glatiramer acetate under the mark 'Glatimer' or any other mark whatsoever which is an infringement of the rights of Teva and Yeda in the aforementioned Indian Patent No. 190759. The second prayer was for an order restraining Natco and its agents from exporting the infringing drugs, formulations/bulk drugs outside India. The other prayers were for rendition of accounts of profits of Natco and a decree for damages in the sum of Rs.25 lakhs.

(3.) At the hearing of the aforementioned suit on 17th September 2007, the Court directed summons in the suit and notice in IA No. 10579 of 2007 under Order XXXIX Rules 1 and 2 CPC. The counsel for Natco then present in Court on caveat sought time to file a reply. It was stated by learned counsel for Natco that "the process employed by them for producing glatiramer acetate which is marketed by them under the name of Glatimer is entirely different from the process which has been patented by the plaintiffs under Indian Patent No. 190759". The Court directed Natco to file its affidavit to the above effect disclosing the process employed by Natco within one week.