w w w . L a w y e r S e r v i c e s . i n



Pfizer Inc & Others v/s Kwality Pharmaceuticals Limited & Others


Company & Directors' Information:- KWALITY LIMITED [Active] CIN = L74899DL1992PLC255519

Company & Directors' Information:- PFIZER LIMITED [Active] CIN = L24231MH1950PLC008311

Company & Directors' Information:- KWALITY PHARMACEUTICALS LIMITED [Active] CIN = U24232PB1983PLC005426

Company & Directors' Information:- B S P PHARMACEUTICALS LIMITED [Active] CIN = U24231GJ1987PLC009556

Company & Directors' Information:- G P T PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233TG2009PTC064156

Company & Directors' Information:- A N PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233DL2000PTC108617

Company & Directors' Information:- P AND B PHARMACEUTICALS LIMITED [Active] CIN = U24230MH1978PLC020846

Company & Directors' Information:- E L C PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239DL1998PTC097310

Company & Directors' Information:- V C PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Active] CIN = U24230KL2012PTC031429

Company & Directors' Information:- C I PHARMACEUTICALS PVT. LTD [Active] CIN = U24233WB1988PTC045057

Company & Directors' Information:- M J PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24230MH1996PTC101370

Company & Directors' Information:- R. J. PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Under Liquidation] CIN = U24232RJ1994PTC008899

Company & Directors' Information:- R P L (INDIA) PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239DL2002PTC115402

Company & Directors' Information:- L S K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231KA1990PTC011299

Company & Directors' Information:- P P PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232WB2003PTC096731

Company & Directors' Information:- F C PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239GJ2007PTC051567

Company & Directors' Information:- G D S J PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24239DL2001PTC109888

Company & Directors' Information:- S S M PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232RJ1982PTC002502

Company & Directors' Information:- S S PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24231UP1982PTC005587

Company & Directors' Information:- M A S PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U51397PB2004PTC027688

Company & Directors' Information:- A V PHARMACEUTICALS PRIVATE LIMITED [Amalgamated] CIN = U24232DL1999PTC098651

Company & Directors' Information:- P G PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039757

Company & Directors' Information:- E M PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24239MH1992PTC066216

Company & Directors' Information:- B D PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24233WB2009PTC132243

Company & Directors' Information:- A G D PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24231KL1984PTC003885

Company & Directors' Information:- S T PHARMACEUTICALS PVT LTD [Strike Off] CIN = U51909WB1989PTC047031

Company & Directors' Information:- N V K PHARMACEUTICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U24296UP2016PTC082942

Company & Directors' Information:- G K D PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231WB1999PTC089334

Company & Directors' Information:- C F PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231TN1982PTC009598

Company & Directors' Information:- M D PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232WB2008PTC121471

Company & Directors' Information:- I. S. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24306KA2016PTC097524

Company & Directors' Information:- A M PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24233KL2010PTC026018

Company & Directors' Information:- B. C. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U51900UP2018PTC109946

Company & Directors' Information:- M M PHARMACEUTICALS LIMITED [Strike Off] CIN = U24231TN1982PLC009714

Company & Directors' Information:- S AND S PHARMACEUTICALS INDIA PVT LTD [Strike Off] CIN = U24232CH1984PTC005799

Company & Directors' Information:- N C PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24239HP1986PTC006997

Company & Directors' Information:- R G PHARMACEUTICALS CO PVT LTD [Strike Off] CIN = U24231HP1978PTC003877

Company & Directors' Information:- B M G PHARMACEUTICALS PVT LTD [Under Liquidation] CIN = U24232WB1974PTC029532

Company & Directors' Information:- M S PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231UP1995PTC018120

Company & Directors' Information:- B G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231OR2002PTC006872

Company & Directors' Information:- D R P S PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232UP2004PTC028820

Company & Directors' Information:- K N B PHARMACEUTICALS LIMITED [Strike Off] CIN = U24239CH1996PLC018286

Company & Directors' Information:- J S I PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232UP1998PTC023778

Company & Directors' Information:- B I PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24231CH1997PTC019728

Company & Directors' Information:- J G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24231DL1987PTC027452

Company & Directors' Information:- J N PHARMACEUTICALS LIMITED [Strike Off] CIN = U24230TG1996PLC023652

Company & Directors' Information:- J AND J PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24119OR1973PTC000584

Company & Directors' Information:- C W C PHARMACEUTICALS PVT. LTD. [Active] CIN = U24231HR1990PTC030903

Company & Directors' Information:- A J S PHARMACEUTICALS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U24232KA1972PTC002273

Company & Directors' Information:- A C PHARMACEUTICALS PVT LTD [Active] CIN = U51397WB1970PTC027869

Company & Directors' Information:- R K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232DL2006PTC154640

Company & Directors' Information:- A. PHARMACEUTICALS PVT LTD [Strike Off] CIN = U24232DL1999PTC100973

Company & Directors' Information:- N G PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24100MH2010PTC202028

Company & Directors' Information:- S V N PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24230MH2005PTC155731

Company & Directors' Information:- S. V. G. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24297MH2010PTC202540

Company & Directors' Information:- K. D. PHARMACEUTICALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999UP2016PTC084198

Company & Directors' Information:- Y. R. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232CH2011PTC032883

Company & Directors' Information:- A. B. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U51909AS2012PTC011351

Company & Directors' Information:- N. S. PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U52311JH2007PTC012709

Company & Directors' Information:- J A PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232DL2005PTC136777

Company & Directors' Information:- S P R PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24232DL2005PTC137405

Company & Directors' Information:- D F L PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC270743

Company & Directors' Information:- A R K PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U74120DL2014PTC266920

Company & Directors' Information:- N N PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U33111BR2012PTC018665

Company & Directors' Information:- V AND B PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24290UP2020PTC133785

Company & Directors' Information:- M D PHARMACEUTICALS PRIVATE LIMITED [Active] CIN = U24290MH2021PTC360217

Company & Directors' Information:- U V PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U99999MH1998PTC117667

Company & Directors' Information:- J. V. PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24239MH2009PTC189669

Company & Directors' Information:- K R R PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24232TG2008PTC062007

Company & Directors' Information:- A P PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24233TG2008PTC062019

Company & Directors' Information:- C K PHARMACEUTICALS PRIVATE LIMITED [Strike Off] CIN = U24233UP2007PTC033596

    CS(COMM). No. 128 of 2020

    Decided On, 15 May 2020

    At, High Court of Delhi

    By, THE HONOURABLE MS. JUSTICE REKHA PALLI

    For the Plaintiffs: Pravin Anand, Tusha Malhotra, Rashi Punia, Advocates. For the Defendants: D1 & D2, Mohan Vidhani, Rahul Vidhani, Advocates.



Judgment Text

(Oral)

1. The present matter has been taken up for hearing through video conferencing.

2. The plaintiffs nos.2 to 4 who are group companies of plaintiff no.1 claim to be owners of Indian Patent I.N no.209251 for the drug ‘Sunitinib’ and I.N no.268331 for the drug ‘Tigecycline’, which are commercially sold in India under the trade name of Sutent and Tygacil respectively, have filed the present suit seeking the following reliefs:-

a) A decree of permanent injunction restraining the Defendants, their directors, employees, officers, servants, agents, associate and group companies and all others acting for and on their behalf from using, making, selling, distributing, advertising, exporting, importing and offering for sale, or in any other manner, directly or indirectly, dealing in any product that infringes the subject matter of Indian Patent Nos. IN 209251 (Sunitinib) and IN 268331 (Tigecycline composition)

b. An order for delivery up of all stocks of the impugned product and any printed and/or promotional material thereof including pamphlets, leaflets, brochures, product inserts etc. at present in possession of the Defendants which infringes the subject matter of Indian Patent Nos. IN 209251 (Sunitinib) and IN 268331 (Tigecycline composition);

c. An order for damages as may be ascertained in the present suit to be paid by the Defendants on account of infringement of patents, loss of reputation, goodwill and unfair competition;

d. An order for rendition of accounts as may be ascertained during the course of the present proceedings to be paid by the Defendants;

e. An order for costs in the proceedings;

3. The plaintiff thus primarily seeks a permanent injunction restraining the defendants directors, employees, officers, servants, agents, associate and group companies and all others acting for and on their behalf from using, making, selling, distributing, advertising, exporting, importing and offering for sale, or in any other manner, directly or indirectly, dealing in any product that infringes the subject matter of Indian Patent Nos. IN 209251(Sunitinib) and IN 268331(Tigecycline composition).

4. Learned counsel for the plaintiff submits that even though the aforesaid two patents of the plaintiffs are still valid and subsisting, the defendants are by infringing these patents of the plaintiff manufacturing drugs and supplying to its various dealers including defendant no.3. He submits that upon learning about the infringement, the plaintiff appointed investigators and has reliably learnt that the defendants are unathorisedly manufacturing drugs by using the plaintiff’s patents for which purpose he places reliance on the report of the investigators, which have been placed on record.

5. Let the plaint be registered as a suit and summons be issued to the Defendants.

6. Mr.Mohan Vidhani, Advocate accepts notice on behalf of defendant nos.1 and 2 and fairly submits that the said defendants have no objection to a decree being passed in favour of the plaintiff in terms of the prayer (a) against the defendants. He further submits that, the defendants have till date not dealt with the product with IN patent no. 268331(Tigecycline composition) and assures the Court that the defendants will not, in any manner, deal with or infringe the subject matter of patent no.209251 till the life of the patent which is likely to expire on 15.02.2021.

7. At this stage, learned counsel for the plaintiff submits that since it is the plaintiff’s case that the defendant no.3 was getting supply of the infringing goods from defendant nos.1 and 2, in the light of the fair stand taken by the learned counsel for the defendant nos.1 and 2, defendant no.3 may not be a necessary party and, therefore, makes an oral request for deletion of the said defendant. Accordingly, at the oral request of Mr.Pravin Anand, learned counsel for the plaintiff, defendant no.3 is deleted from the array of the parties. Amended memo of parties be filed within the next one week.

8. Learned counsel for the plaintiff further submits that once the defendant nos.1 and 2 have undertaken not to infringe the aforesaid two patents of the plaintiff, the plaintiff would be satisfied if it is paid a token damages/compensation of Rs.3.5 lakhs in lieu of prayer b to e in the plaint.

9. Learned counsel for the defendants, on instructions from the defendants, is agreeable to the said suggestion.

10. Having perused the record including the patent certificates in favour of the plaintiffs and the stand taken by the parties as noted hereinabove, the suit is decreed in favour of the plaintiffs and against the defendant nos.1 & 2 in terms of prayer (a) noted hereinabove with the clarification that the said injunction will be applicable only till the expiry/validity of the patents in favour of the plaintiffs. A further decree directing the defendant nos.1 & 2 to pay a sum of Rs.3.5 lakhs as compensation/damages to the plaintiffs within a period of two weeks is also passed.

11. The decree sheet be drawn accordingly.

IA Nos.3889/2020 (u/O XXXIX Rule 1 & 2 CPC), 3890/2020 (u/o 11 Rule 14 as

Please Login To View The Full Judgment!

amended by the Commercial Courts Act) 12. In view of the suit being decreed, no orders are called for in the present applications and the same are accordingly disposed of. I.A.3891/2020 (exemption) & I.A.3892/2020 (for extension of time in filing court fee) 13. The plaintiff shall file the affidavits and court fees within two weeks of the lockdown being lifted. 14. The applications are disposed of. 15. The order be uploaded on the website forthwith. A copy of the order be also forwarded to the learned counsel through email.
O R