CIPLA LIMITED Vs. SUN PHARMACEUTICAL INDUSTRIES LIMITED

JUDGEMENT

(1.) This is the third round of litigation relating to these applications. By Judgment dtd. 6/7/2021 in OSA(CAD) Nos.8 to 13 of 2021, the Division Bench of this Court permitted the Respondent herein to apply afresh to vacate the then subsisting order of interim injunction and also permitted the Applicant herein to seek a larger injunction than that issued at the ad interim stage. Pursuant thereto, by order dtd. 7/10/2021, the interim orders were modified by permitting the Respondent to market the products with the modifications to the carton, pouch and label as indicated in paragraph 5 and 6 of the order. As regards the claims in respect of the word marks Respules, Budefex and Duoz, the Court concluded that such issue could be decided only after trial. The order dtd. 7/10/2021 was carried in appeal by the Applicant herein. By judgment dtd. 15/12/2021 in OSA(CAD) Nos. 135 to 140 of 2021, the Division Bench of this Court set aside the order dtd. 7/10/2021 and remanded the matter to the Single Bench for re-consideration with regard to the use of the word RESPULES and the use of the lower case in the mark. The Division Bench, however, clarified and recorded that the dispute regarding colour scheme had been resolved between the parties and would not be re-agitated.

(2.) The changes proposed by the Respondent to the carton, pouch and label of the relevant products are acceptable to the Applicant. Therefore, arguments were advanced only with respect to the use of the word RESPULES by the Respondent and the use of the lower case in the impugned marks of the Respondent.

(3.) The Applicant made oral submissions through Mr.P.S.Raman, learned Senior Advocate, assisted by Mr.K.Premchandar, learned counsel for R.Pavithra of Anand and Anand and the Respondent made oral submissions through Mr.Satish Parasaran, learned Senior Advocate, assisted by Mr.Rajesh Ramanathan and Mr.S.Diwakar, learned counsel.