WOCKHARDT LIMITED Vs. HETERO DRUGS LIMITED

JUDGEMENT

(1.) WOCKHARDT Limited, a pharmaceutical company, appellant herein, is the holder of Process Patent, EMR and Drug Licence for the manufacture of pharmaceutical preparation, namely, Nadifloxacin 1% Cream.

(2.) HETERO Drugs Limited, first respondent herein, infringing the Patent and EMR granted to the appellant, started manufacturing the same product and selling in the market. On coming to know of the same, appellant filed a suit in C. S. No. 456 of 2005 for permanent injunction, restraining HETERO Drugs Limited, Nicholas Piramal (India) Limited and Adyar drug House, respondents 1 to 3, from infringing the (i) Patent No. 188847; (ii)EMR granted to it and (iii) restraining the respondents from manufacturing or in any way using the composition, which the appellant invented, for manufacture of Nadifloxacin 1% Cream.

(3.) ON the above pleas, arguments were heard by the learned single Judge, who, ultimately, dismissed the applications, filed by the appellant, holding that the manufacturing and marketing licence granted by the drugs Controller General for NADIDERM to the first respondent was not on the basis of the admixture composition of the appellant, but was only by adopting us Patent and Japan Patent; that though a challenge to the manufacturing licence at the instance of the appellant has been made before the Delhi High court in the writ petition, the appellant was not able to obtain any interim orders preventing the first respondent from manufacturing the said Cream.