RAJIV SAHAI ENDLAW, J. - (1.) This judgment adjudicates IA No.9768/2019 of the defendant under Section 10 of the Code of Civil Procedure, 1908 (CPC) and the preliminary issue as under: "(II) Whether the proceedings in the present suit are liable to be stayed under Section 10 of the CPC owing to the suit filed by the defendant against the plaintiffs in the Courts at Hyderabad? OPD" framed in the suit on 7th November, 2019, when after hearing the counsels, orders were reserved.
(2.) The three plaintiffs, namely (i) Bristol-Myers Squibb Holdings Ireland Unlimited Company, (ii) Bristol-Myers Squibb India Private Ltd. and (iii) Pfizer Limited have instituted this suit against the sole defendant, for permanent injunction to restrain the defendant from infringing Indian Patent No.IN247381 (hereinafter referred to as ,,junior patent) having International Non-Proprietary Name ,,APIXABAN, granted to the plaintiff No.1 on 4th April, 2011, including by selling ,,APIGAT and for ancillary reliefs. The plaintiffs, in the plaint have disclosed (a) that the plaintiff No.1, on 11th November, 2010, was also granted Indian Patent No.IN243917 (hereinafter referred to as ,,senior patent) having International Non- Proprietary Name Nitrogen Containing Heterobicycles As Factor Xa Inhibitors; (b) that the said senior patent does not specifically disclose ,,APIXABAN, subject matter of the junior patent but is generically covered therein and therefore manufacture by the defendant of ,,APIXABAN constitutes infringement of the senior patent as well; and, (c) that the plaintiffs reserved their right to sue the defendant with respect to the senior patent.
(3.) The suit, instituted on 4th July, 2019, came up first before this Court on 5th July, 2019 when the counsel for the defendant appeared on caveat. The suit was entertained and summons thereof ordered to be issued.;