CIPLA LIMITED Vs. NOVARTIS AG & ANR

JUDGEMENT

(1.) The present appeal is directed against the judgment and/or order dated 09.01.2015 delivered by a learned Single Judge of this Court in IA 24863/2015 which was an application under Ordery XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. That application was filed in CS(OS) 3812/2014 which, in turn, had been instituted by the respondents/ plaintiffs. The suit filed by the respondents was one for permanent injunction restraining infringement of patent No. 222346 granted under the Patents Act, 1970 (hereinafter referred to as 'the said Act') in favour of the respondent No.1/plaintiff No.1. The suit was also for rendition of accounts/damages, delivery-up etc. The respondent No.1 is a Swiss company and the respondent No.2 is an Indian company. The appellant, of course, is also an Indian company.

(2.) The entire controversy is with regard to 'INDACATEROL' in respect of which the respondent No.1 holds the said patent. The said respondents market the said 'Indacaterol' under the name 'Onbrez'. 'Indacaterol' is a bronchodilator and provides symptomatic relief to persons suffering from chronic obstructive pulmonary disease (COPD).

(3.) The appellant launched its drug "UNIBREZ " in Oct., 2004. However, a suit was filed by the respondents on 09.01.2015 which was ultimately disposed of on the appellant's undertaking to change the brand name of the drug from "UNIBREZ " to 'Indaflo'. That was an infringement of trade mark action.