You are using an older browser version. Please use a supported version for the best MSN experience.

Delhi high court allows Teva move for injunction against Natco

LiveMint logoLiveMint 30-05-2014 Shreeja Sen

New Delhi: The Delhi high court on Friday set aside a decision by a single judge of the same court dismissing a civil suit by Israeli drug maker Teva Pharmaceutical Industries Ltd for an injunction against Natco Pharma Ltd on grounds of lack of jurisdiction.

Allowing an appeal to Teva, the two-judge bench of chief justice G. Rohini and justice Rajiv Sahai Endlaw declared that the high court’s jurisdiction could extend to those cases where there was an apprehension of marketing products manufactured through a patented process in the territory of Delhi.

“We are of the opinion that once the appellants/plaintiffs (Teva) have pleaded apprehension of sale/ marketing in Delhi, the Courts in Delhi would have jurisdiction to entertain the suit and such jurisdiction cannot be ousted by the defendant (Natco) by making a statement not to do any such act in Delhi, though the defendant would be entitled to prove that there is no basis for such apprehension.” the ruling stated.

The case, which will now be heard on its merits by the single judge of the high court, has been listed for 2 July.

In 2012, Teva Pharmaceutical had challenged Natco’s use of a manufacturing process for a multiple sclerosis drug, saying it infringed its process patent, and for possibly exporting the product to the United States and other countries.

More From LiveMint

image beaconimage beaconimage beacon