Madras High Court
Also At vs No.35 & 36 on 30 June, 2023
C.S.No.111 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S(Comm. Div.)No.111 of 2021
and A.No.1856 of 2021
Zydus Lifescience Limited
Zydus Corporate Park, Scheme No.63,
Survey No.536, Nr.Vaishnodevi Circle,
S G Highway, Ahmedabad – 382 481
Rep. by its Authorised Signatory,
Mr.Hiren Trivedi
Also at
Pioneer Sudharsan Plaza
2nd Floor, No.2 Mohan Kumaramangalam Street,
Nungambakkam High Road,
Nungambakkam, Chennai – 600 034. ...Plaintiff
(Amended as per order dated
04.08.2022 in A.No.3193 of 2022)
Vs.
Morepen Laboratories Ltd.,
Morepen Village, Nalagarh Road,
Near Baddi, Distt. Solan,
Himachal Pradesh – 173 220
Also at
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C.S.No.111 of 2021
No.35 & 36, 2nd Avenue,
Anna Nagar, Chennai,
Tamil nadu – 600 040
Also at
No.9/2 C Block, 10th Street,
Anna Nagar,
Chennai, Tamil Nadu – 600 040 ... Defendant
PRAYER: This Civil Suit is filed under Order IV Rule 1 of O.S. Rules, 1956
read with Section 2(1)(c)(xvii) and Section 7 of the Commercial Courts Act,
2015 read with Section 48, 104 and 108 of the Patents Act, 1970; praying to
pass the judgment and decree:-
(a) A decree of permanent injunction restraining the Defendant, its
directors, employees, officers, servants, agents, stockiest, retailers, semi
stockist, wholesalers, marketers, distributors, any other entity/person in the
chain of supply and all other acting for or/and on its behalf from making,
using, offering for sale, selling, distributing, advertising, marketing, exporting,
importing or in any manner, directly or indirectly, dealing with any product or
process that infringes the registered patents IN 299505, IN 312723 and IN
345194, IN of the plaintiff;
(b) A decree of delivery up of all stocks of SAROGLITAZAR free acid
SAROGLITAZAR/ SAROGLITAZAR Magnesium, or any other stock that
may be infringing the Plaintiff's rights in IN 299505, IN 312723 and IN
345194 in the possession of the defendant which infringe the subject matter
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C.S.No.111 of 2021
of the registered patent of the plaintiff and all the materials used for
advertising and marketing of above infringing product;
(c) An order for cost of the proceedings;
(d) An other order or orders as this Court may deem fit and proper in
the facts and circumstances of the present case may be passed.
For Plaintiff : Mr.Adarsh Ramanujan
For Defendant : Mr.Rahul Balaji
JUDGMENT
Both the learned counsel for the plaintiff and the defendant filed the
Joint Compromise Memo, whereunder they have settled the dispute in the suit
out of the Court.
2. The Joint Compromise Memo is signed by Mr.Hiren Trivedi,
Authorized Signatory of the plaintiff and Mr.Sathish Pandey, Authorized
Signatory of the defendant under seal.
3. The Joint Compromise Memo is counter signed by the learned
https://www.mhc.tn.gov.in/judis
C.S.No.111 of 2021
counsel for the plaintiff and the defendant identifying the respective parties.
Therefore, this Court is inclined to record the above Joint Compromise Memo.
Accordingly, there shall be a judgment and decree in terms of Joint
Compromise Memo. The Joint Compromise Memo shall form part of the
decree. No costs. Consequently, connected application is closed.
30.06.2023
nti
Index:Yes/No
Speaking Order: Yes/No
S.SOUNTHAR, J.
https://www.mhc.tn.gov.in/judis
C.S.No.111 of 2021
nti
C.S(Comm. Div.)No.111 of 2021
and
A.No.1856 of 2021
30.06.2023
https://www.mhc.tn.gov.in/judis
