Zydus Healthcare Limited vs E.R.Squibb & Sons Llc
2025 Latest Caselaw 1724 Mad

Madras High Court

Zydus Healthcare Limited vs E.R.Squibb & Sons Llc on 10 January, 2025

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                                  W.A.No.1697 of 2024



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 10.01.2025

                                                        CORAM :

                                      THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
                                                          AND
                                  THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                   W.A.No.1697 of 2024
                                          and C.M.P.Nos.12027 and 20064 of 2024

                     Zydus Healthcare Limited
                     of Zydus Corporate Park
                     Scheme No.63, Survey No.536,
                     Khoraj (Gandhinagar), Nr.Vaishnodevi Circle
                     Ahmedabad, Gujarat - 382 481
                     Authorised Signatory, Hiren Trivedi                     .. Appellant

                                                           Vs


                     1. E.R.Squibb & Sons LLC
                        at Route 206 and Province Line Road,
                        Princeton, New Jersey 08540
                        Rep. by its Constituted Attorney /
                        Authorised Signatory, Mr.Sanjay Sharma

                     2. Ono Pharmaceutical Co. Ltd
                        at 1-5, Doshomachi 2-Chome,
                        Chuo-ku, Osaka-shi, Osaka 541-8526, Japan
                        Rep. by its Constituted Attorney/
                        Authorised Signatory, Pankaj Pahuja

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https://www.mhc.tn.gov.in/judis
                                                                                 W.A.No.1697 of 2024




                     3. The Union of India
                        Through the Ministry of Commerce,
                        Department of Industrial Policy and
                        Promotion Udyog Bhawan,
                        New Delhi-110 011.

                     4. The Controller of Patents and Designs,
                        The Patent Office, Intellectual Property Office Building,
                        GST Road, Guindy,
                        Chennai – 600 032.                                      .. Respondents

                         (Cause title for R1 and R2 amended
                          vide order of court dated 01.08.2024
                          made in CMP Nos.16508 and 16517 of 2024)

                     Prayer : Appeal under Clause 15 of the Letters Patent to set aside the
                     impugned order dated 15.03.2024 passed by the learned Judge in WP
                     No.8451/2023.


                                   For Appellant              : Mr.C.S.Vaidyanathan
                                                                and Mr.P.V.Balasubramanian
                                                                Senior Counsels
                                                                for M/s.Adarsh Ramanujan

                                   For Respondents            : Mr.P.S.Raman
                                                                Senior Counsel
                                                                instructed by
                                                                Mr.K.Premchandar
                                                                for M/s.Anand and Anand
                                                                for 1 st respondent




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https://www.mhc.tn.gov.in/judis
                                                                                        W.A.No.1697 of 2024



                                                                  : Mr.A.K.Sriram
                                                                    Senior Counsel
                                                                    instructed by
                                                                    Mr.K.Premchandar
                                                                    for M/s.Anand and Anand
                                                                    for 2nd respondent

                                                                  : Mr.S.N.Parthasarathi
                                                                    Senior Panel Counsel
                                                                    for respondents 3 and 4

                                                           JUDGMENT

(Delivered by the Hon'ble Chief Justice)

We dispose of the appeal, by consent, with the following order:

(a) The order impugned is hereby quashed and set

aside;

(b)The matter is remanded to the learned Single Judge,

who has the current roster;

(c) All rights and contentions are kept open;

(d)No observations are made on the merits of the rival

contentions of the parties, either on the issue of

maintainability or on merits.

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https://www.mhc.tn.gov.in/judis

2. The learned Single Judge is requested to dispose of the writ

petition as early as possible and preferably on or before 31.3.2025. Until

the disposal of the petition, the undertaking given earlier, which was

operating before the impugned order was passed, shall continue.

There shall be no order as to costs. Consequently, interim

applications stand closed.

                           (K.R.SHRIRAM, C.J.)              (SENTHILKUMAR RAMAMOORTHY,J.)
                                                   10.01.2025
                     Index :           Yes/No
                     NC :              Yes/No
                     sasi

                     To:

1. The Ministry of Commerce, Union of India Department of Industrial Policy and Promotion Udyog Bhawan, New Delhi-110 011.

2. The Controller of Patents and Designs, The Patent Office, Intellectual Property Office Building, GST Road, Guindy, Chennai – 600 032.

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https://www.mhc.tn.gov.in/judis

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(sasi)

10.01.2025

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https://www.mhc.tn.gov.in/judis