Ranbaxy Laboratories Ltd. v. Novartis AG & Anr.
Before the High Court of Delhi at New Delhi
Date of Decision: 18.10.2014
FAO(OS) No. 447 of 2014
Respondents had filed a suit for permanent injunction restraining the appellant from infringing Respondents’ Patent. The suit along with the application for interim relief came up for preliminary consideration before the learned Single Judge of the Delhi High Court on September 08, 2014. Till that date no written statement was filed by the Appellant.
The learned Single Judge had prima facie concluded that the Respondents had a strong prima facie case pertaining to its formulations containing the compound Vildagliptin and had granted a temporary injunction in favour of the Respondents. A summary of the order of the Learned Single Judge is available here. However, the said order was tentative in nature as no written statement was filed by the Appellant.
The order set out a time limit for completion of pleadings, which was not complied by the Appellant and the Appellant filed the present appeal against the order dated 8th September, 2014 before the Division Bench of the Delhi High Court.
The Appeal was dismissed with the following observations:
• The opinion of the learned Single Judge is only a tentative opinion.
• Till pleadings are brought on record through the medium of a written statement laying a challenge to the patent granted, credibility of the challenge cannot be prima facie considered.
• If the Appellant was so much aggrieved of the impugned order it ought to have facilitated an early adjudication of the issue by filing a written statement along with relied upon documents within two weeks time granted and not have sought extension of time for filing the written statement.
• Obviously, time would have to be granted to the plaintiff to file the replication.
• Endeavour would be made to hear arguments in the interim application and decision taken within this calendar year.