224/2021 & I.As. 6318-6322/2021 PANACEA

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$~OS-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS (COMM) 224/2021 & I.As. 6318-6322/2021 PANACEA BIOTEC LIMITED ... Plaintiff Through Mr.C.S. Vaidyanathan, Sr. Adv. with Mr.S.Majumdar, Mr.Dominic Alvares, Mr.Afzal B. Khan and Mr.Samik Mukherjee, Advs. versus SANOFI HEALTHCARE INDIA PRIVATE LIMITED ... Defendant Through Mr.Sudhanshu Batra, Sr. Adv. with Ms.Archana Shanker, Ms.Tusha Malhotra, Ms.Pankhuri Malik and Ms.Yamini Jaswal, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH O R D E R % 11.05.2021 This hearing is conducted through video conferencing. CS (COMM) 224/2021 Let the plaint be registered as suit. Issue summons to the defendant. Learned counsel for the defendant accepts summons. Written statement be filed within 30 days. Replication, if any, be filed within 30 days. I.A. 6320/2021(for filing additional documents) Allowed subject to just exceptions. I.A. 6321/2021(exemption) Allowed subject to just exceptions I.A. 6322/2021(for filing court fees) Court fees may be filed within two weeks. Application stands disposed of. I.A. 6319/2021 Issue notice. Learned counsel for the defendant accepts notice. Reply be filed within four weeks. Rejoinder, thereto, if any, be filed within four weeks thereafter. List on 07.09.2021. I.A. 6318/2021 1. This is an application under Order 39 Rule 1 and 2 CPC seeking an interim injunction restraining the defendant, its directors, its affiliates etc. from using, manufacturing or offering for sale etc. directly or indirectly any product that infringes the Indian Patent No. IN 272351. 2. The case of the plaintiff is that on 30.03.2016 it was granted patent IN 272351. Thereafter, in 2017 post grant opposition under Section 25 (2) was filed by the defendant as M/s Shantha Biotechnics Private Limited. The said post grant opposition is pending. It is stated that on 16.05.2019 in order to restrict the scope of the claims of the suit patent, by way of explanation and disclaimer, FORM - 13 was filed by the patentee to amend the claim of IN 272351. 3. In March, 2021 it is stated that the plaintiff came to know that the defendant was granted permission to manufacture and market hexavalent vaccine subject to the condition that defendant should continue the ongoing study on booster dose and submit safety and efficacy data as and when available. 4. I have heard learned senior counsel for the plaintiff and learned senior counsel for the defendant in detail. 5. After some arguments, learned senior counsel for the defendant states that without prejudice to the rights and contentions of the defendant before the Opposition Board / Controller of Patents the defendant will not manufacture or market the product which infringes the amended claim filed by the plaintiff on 16.05.2019. 6. The above statement is taken on record. The defendant shall remain bound by the above statement. 7. Issue notice to the defendant. Learned counsel for the defendant accepts notice. 8. Reply be filed within four weeks. Rejoinder, thereto, if any, be filed within four weeks thereafter. 9. List on 07.09.2021. JAYANT NATH, J. MAY 11, 2021/st .

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