The Delhi High Court in ASTRAZENECA Vs. Emcure Pharmaceuticals limited and ASTRAZENECA Vs. MSN Laboratories Limited has not granted injunction to the Plaintiff’s. The Hon’ble Court has held that the claim of the plaintiffs, that the compound TICAGRELOR is produced as per IN’209907 even though its formula is covered under the Markush formula in IN’241229 is based on the material on record and therefore the plaintiffs have made out a prima facie case in their favour.  However, in respect of the grant of interim injunction, the Hon’ble Court held that the plaintiff’s patent  IN’209907 has expired on 2nd December, 2019 and the defendants have already launched their product, the court held that it does not find any ground to grant an ad-interim injunction pending hearing of the suit in favour of the plaintiffs and against the defendants.   The defendants have however been directed to maintain their accounts of sale from the date of launch of their impugned products till 2nd December, 2019. 

 

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