DSM SINOCHEM PHARMACEUTICALS NETHERLANDS B V & ANR Vs. SINOPHARM WEIQIDA PHARMACEUTICAL CO (WQD) & ANR

JUDGEMENT

(1.) This application is filed under Order 39 Rules 2A Civil P.C. seeking an order holding defendant No. 1 guilty of contempt of court for wilfully violating the order of this court dated 20.04.2017. Other reliefs are also sought.

(2.) The present suit is filed for permanent injunction to restrain infringement of the patent, rendition of accounts and damages. This court on 30.01.2017 in IA No. 1225/2017 filed under Order 39 Rules 1 and 2 Civil P.C. noted that defendant No.1 is a Chinese entity which is stated to be infringing the patent and exporting infringing goods to India and defendant No. 2 is marketing the said goods in India. On 20.04.2017 this court directed that till further orders, defendant No. 1 is restrained from exporting to India or otherwise selling in India any pharmaceutical product, the active pharmaceutical ingredient whereof contains "Amoxicillin Trihydrate" produced by a process in infringement of Patent No. 247301 of plaintiff No. 1. It is further stated in this application that the pleadings have been completed. However, defendant No. 1, it is pleaded, in para 10 of its replication to the counter-claim has admitted of using a two steps process consisting of first step of "enzymatic synthesis" and second step of "crystallisation". It is pleaded that the patent of the plaintiff is a process patent and the process revealed by the defendant in their replication to the defendant's written statement in the counter claim is a direct copy of the patent of the plaintiff. Hence, it is pleaded that admittedly, defendant No. 1 is using the process as claimed in the suit patent for the manufacture "Amoxycillin Trihydrate" and is thus openly flouting the orders of this court by continuing to infringe the suit patent despite injunction order of this court dated 20.04.2017.

(3.) I have heard learned counsel for the parties.