Interpretation Of The Term "export" In The Indian Patent Context

A patent titled "Pharmaceutical Composition Comprising Phenyl Piperazine Derivatives as Serotonin Reuptake Inhibitors" (Patent number -IN227963) was granted to H LUNDBECK A/S & ANR on 27 December 2009.  The IIN name of the molecule for which Lundbeck A/S obtained patent is Vortioxetine (anti-depressant drug).

The Plaintiff alleged that the defendants manufactured and exported substantial quantities of generic version of VORTIOXETINE to Latin America and Canada. Further, based on information received from an independent investigation agency appointed by the plaintiff, the defendants had imported the API Vortioxetine thrice in 2016 and were engaged in export of substantial quantities of Vortioxetine Hydrobromide to other countries. It further alleged that Defendant No. 2 (nowhere the name of the second defendant is mentioned) sought environmental clearance at Telangana to expand the manufacturing capacity of Defendant's unit which includes manufacturing various