NOVARTIS AG Vs. MSN LABORATORIES PRIVATE LIMITED

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed seeking permanent injunction restraining infringement of Indian Patent No.283133, damages, rendition of accounts, delivery up etc. The details of the said patent are as under:

(3.) Pursuant to the directions issued vide previous orders dated 20th May, 2022 and 11th May, 2022, the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers (hereinafter as "DOP") has filed an affidavit clarifying its position. As per the said affidavit, for various reasons including for enhancing supply of local manufactured products and for self-sufficiency purposes in the case of medicines, drug and medical devices, certain guidelines were issued by the Government classifying Local Suppliers based on local value addition or local content as Class I Local Supplier having local content of more than 80%, Class II Local Supplier having local content of 50-80%, and Non-Local Supplier having local content less than 50%. Thereafter, it is stated that the Ministry of Railways and other procuring agencies had requested for relaxation of the same due to non-availability of local producers. At that stage, a need was felt for ascertaining local manufacturers in respect of various drugs. In this background, a list of 209 drugs was published on the website of the DOP, vide public notice dated 28th February, 2022, seeking details of the local manufacturers available for these drugs. In the said notice, Ribociclib was mentioned at Serial No.163. In response to the said notice, the Defendant addressed an email dated 15th March, 2022 to the DOP giving details of its manufacturing capabilities in respect of 44 drugs.