PFIZER INC Vs. SOFTGEL HEALTHCARE PRIVATE LIMITED

JUDGEMENT

(1.) These petitions have been filed before the Intellectual Property Division (IPD) of this Court under Order XXVI Rules 19 - 22 read with Ss. 78 and 151 of C.P.C., seeking to execute the Letters Rogatory dtd. 13/5/2024 issued by the United States District Court under the Hague Convention, 1870, seeking judicial assistance from this Court against the respondent. Letters Rogatory are formal requests from one Court to another to obtain judicial assistance.

(2.) The petitioners in O.P. (PT) No.5 of 2024 claim that in the case pending before the United States District Court at Delaware, they had alleged, among other things, that the submission of Abbreviated New Drug Application (ANDA) No.218409 by CIPLA, which seeks approval from the FDA to market a generic version of VYNDAMAX ("CIPLA's ANDA Product") before the expiration of the petitioners' "441 Patent", constitutes an act of infringement with respect to the "441 Patent".

(3.) The petitioners in O.P. (PT) No.6 of 2024 claim that in the case pending before the United States District Court at Delaware, they had alleged, among other things, that the submission of Abbreviated New Drug Application (ANDA) No.218205 by Zenara (now Hikma), which seeks approval from the FDA to market a generic version of VYNDAMAX ("Zenara's ANDA Product") before the expiration of the petitioners' "441 Patent", constitutes an act of infringement with respect to the "441 Patent".