Injunctions Against Sale Of Lingaliptin

Analysis of Boehringer Ingelheim Pharma GmbH v/s Tanmed Pharma and other orders

Plaintiffs: Boehringer Ingelheim Pharma GmbH & Co. KG & Boehringer Ingelheim (India) Pvt.Ltd. ("the plaintiff"/"Boehringer")

Defendant:Tanmed Pharma India Private Limited("the defendant")

Coram: Dr. Justice G. Jayachandran

Date of Judgment: 21^st January 2020

Facts of the Case:

The plaintiff is a multinational company involved in the production and manufacture of pharmaceutical drugs and had acquired patent rights for its products under Indian Patent Nos. 243301 and 227719. The defendant approached the department of Drug Control somewhere around December 2017 in order to obtain a license to manufacture the same drug i.e. "Lingaliptin"("said drug") and license for said drug was granted. The defendant claimed that although the license for manufacture was obtained, no production, manufacture or marketing of the said drug was undertaken by them. On the other hand, the plaintiff