Dismissed

F.Hoffmann-La Roche Ltd., v. Matrix Laboratories Limited.

Madras HC10 Aug 2021CS/801/2010

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice R. Subramanian disposed of a civil suit and connected applications filed by pharmaceutical applicants against Matrix Laboratories. The court rejected the plaint as leave to institute the suit was previously revoked by the Hon'ble Supreme Court. Consequently, no order was passed in the applications.

What did the court decide?

Suit dismissed as leave to institute was revoked; no order in connected applications.

F.Hoffmann-La Roche Ltd., Vs Matrix… — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 10TH DAY OF AUGUST 2021

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THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

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C.S.No.801 of 2010

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and

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O.A.No.993 of 2010 and A.No.5530 of 2010

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1.F.Hoffmann-La Roche Ltd.,

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Group Headquarter, Grenzacherstrasse 124, CH-4070 Basel, Switzerland, Represented by its constituted attorney, Ms.Sujatha Subramaniam

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2.OSI Pharmaceuticals, Inc. 41, Pinelawn Road, Melville, New York 11747, United States of America, Represented by its constituted Attorney, Ms.Sujatha Subramaniam

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...Plaintiffs/Applicants

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Vs.

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Matrix Laboratories Limited, 1-1-151/1, 4^th Floor, Sai Ram Towers, Alexander Road, Secunderabad – 500 003.

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...Defendant/Respondent

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Civil suit praying that this Hon'ble Court be pleased to pass a

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judgment and decree on the following terms:-

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a) to grant permanent injunction restraining the defendants, their

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directors, employees, officers, servants, agents and all others acting for and

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https://hcservices.ecourts.gov.in/hcservices/

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on their behalf from launching, making, selling, distributing, advertising,

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exporting, importing, offering for sale, and in any other manner, directly or

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indirectly, deal in any pharmaceutical or any chemical compound product

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that infringes the subject matter of Indian Patent No.196774, registered by the plaintiffs.

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b) Costs incurred by these proceedings.

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O.A.No.993 of 2010:-

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Original Application praying that this Hon'ble Court be pleased to grant an order of ad-interim injunction restraining respondent/defendant, its directors, employees, officers, servants, agents, men, representatives and all others acting for and on their behalf from launching, making selling, distributing, advertising, exporting, importing, offering for sale and in any other manner, directly or indirectly, dealing in any product that infringes the subject matter of Indian Patent No. 196774 pending disposal of the suit.

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A.No.5530 of 2010:-

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Matrix Laboratories Limited, 1-1-151/1, 4^th Floor, Sai Ram Towers, Alexander Road, Secunderabad – 500 003.

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...Applicant/Respondent/Defendant

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-vs-

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1.F.Hoffmann-La Roche Ltd., Group Headquarter, Grenzacherstrasse 124, CH-4070 Basel, Switzerland, Represented by its constituted attorney, https://hcservices.ecourts.gov.in/hcservices/ Ms.Sujatha Subramaniam

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2.OSI Pharmaceuticals, Inc. 41, Pinelawn Road, Melville, New York 11747, United States of America, Represented by its constituted Attorney, Ms.Sujatha Subramaniam ...Respondents/Applicants/Plaintiffs Application praying that this Hon'ble Court be pleased to vacate

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the order of ad interim exparte injunction dated 17.09.2010, passed in O.A.No.993 of 2010 in C.S.No.801 of 2010.

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This Civil suit alongwith these Applications coming on this day before this court for hearing in the presence of Mr.K.Premachandar, Advocate for the Plaintiffs in C.S.No.801 of 2010 and for the Applicants in O.A.No.993 of 2010 and the respondent in A.No.5530 of 2010 and Mr.Feroz Ali, Advocate for the Defendant in C.S.No.801 of 2010 and for the respondent in O.A.No.993 of 2010 and for the Applicant in A.No.5530 of 2010 and upon reading the plaint filed in C.S.No.801 of 2010 and the order dated 04.10.2010 made in A.Nos. 5529 & 5530 of 2010 and O.A.No.993 of 2010,

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the court made the following order:-

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would add that challenge to the order of the Hon'ble Division Bench before https://hcservices.ecourts.gov.in/hcservices/ the Hon'ble Supreme Court also failed and hence, the plaint will stand

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https://hcservices.ecourts.gov.in/hcservices/

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rejected, in view of the revocation of leave. It is also stated that the plaintiff

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has already filed a suit before the Delhi High Court.

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2.In view of the same, no further orders are necessary in this case.

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This suit is disposed off as such. No costs. Consequently, connected applications are closed.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 10TH DAY OF AUGUST 2021.

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Sd/ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

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SK 01.09.2021

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C.S.No.801 of 2010 and O.A.No.993 of 2010 and A.No.5530 of 2010

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ORDER:

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DATED: 10.08.2021

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THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

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FOR APPROVAL: 28/09/2021

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APPROVED ON: 30/09/2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.08.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.801 of 2010

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and

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A.No.5530 of 2010 & O.A.No.993 of 2010

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1.F.Hoffmann-La Roche Ltd., Group Headquarter, Grenzacherstrasse 124, CH-4070 Basel, Switzerland, Represented by its constituted attorney, Ms.Sujatha Subramaniam

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2.OSI Pharmaceuticals, Inc. 41, Pinelawn Road, Melville, New York 11747, United States of America, Represented by its constituted Attorney, Ms.Sujatha Subramaniam ...Plaintiffs

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Vs.

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Matrix Laboratories Limited, 1-1-151/1, 4^th Floor, Sai Ram Towers, Alexander Road, Secunderabad – 500 003. ...Defendant

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Prayer: Plaint filed under Order VII, Rule 1 of C.P.C., r/w. Order IV Rule 1 of the Original Side rules of the Madras High Court and also Sections 48 & 108 of the Indian Patents Act, 1970, seeking to grant permanent injunction restraining the defendants, their directors, employees, officers, servants, agents and all others acting for and on their behalf from launching, making, selling, distributing, advertising, exporting, importing, offering for sale, and

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in any other manner, directly or indirectly, deal in any pharmaceutical or https://hcservices.ecourts.gov.in/hcservices/ any chemical compound product that infringes the subject matter of Indian

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Patent No.196774, registered by the plaintiffs and for costs.

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For Plaintiffs : Mr.K.Premachandar

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For Defendant : Mr.Feroz Ali

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J U D G M E N T

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Mr.K.Prem Chandar, learned counsel appearing for the plaintiffs would submit that the leave granted to institute the suit before this Court was rejected by the Hon'ble Division Bench in OSA.No.365 of 2011. He would add that challenge to the order of the Hon'ble Division Bench before the Hon'ble Supreme Court also failed and hence, the plaint will stand rejected, in view of the revocation of leave. It is also stated that the plaintiff has already filed a suit before the Delhi High Court.

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2.In view of the same, no further orders are necessary in this case. This suit is disposed off as such. No costs. Consequently, connected applications are closed.

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Sd./-(R.S.M.J.,)

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10.08.2021

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List of witness and documents filed on the side of the plaintiffs:

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Nil

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List of witness and documents filed on the side of the defendant: Nil

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Sd./-(R.S.M.J.,) 10.08.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

F.Hoffmann-La Roche Ltd., v. Matrix Laboratories Limited.

Case brief

What is this about?

What did the court decide?

F.Hoffmann-La Roche Ltd., v. Matrix Laboratories Limited.

Case brief

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