NOVARTIS A.G. AND ORS. Vs. CIPLA LTD.

JUDGEMENT

(1.) The plaintiffs have filed the present suit for permanent injunction restraining infringement of Patent No. 222346 as well as for rendition of accounts/damages, delivery -up etc. The suit was valued for the purposes of Court fee and jurisdiction at Rs. 20,07,000/ -.

(2.) The written statement was filed by the defendant on 22nd January, 2015 who has also filed the counter -claim on 7th April, 2015. Both in the written statement as well as in the counter -claim, the defendant has challenged the validity of the suit patent.

(3.) In the meanwhile, as noticed in the Official Gazette on 23rd October, 2015, the President was pleased to promulgate the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015. By virtue of Sec. 1(2), the Ordinance extends to the whole of India, except for the State of Jammu and Kashmir. Sec. 1(3) provides that the Ordinance came into force at once.