Today, Mr.SS Soparkar, learned senior counsel with Mr.NK Pahwa, learned advocate for M/s.Thakkar Associates for the appellant - defendant and Mr.Mihir Thakore, learned senior counsel with Mr.YJ Trivedi, learned advocate for respondent No.1 - plaintiff, arrived at a broad consensus and submitted that in the following terms, the instant appeal from order may be disposed of.
"The defendant/appellant claims that it is manufacturing Diclofenac Sodicum Injection as per the U.S. Patent No.5554650. The plaintiff/respondent is seriously disputing the same.
The defendant/appellant agrees that, without prejudice to its rights and contentions, it shall not manufacture the said product in a manner so as to infringe the claim Nos.2 and 6 of the Patent No.231479 of the plaintiff/respondent till 23.4.2012, the date on which the matter is now scheduled for further hearing. Ordered accordingly keeping open all rights and contentions of both the parties."
Accordingly, as per the broad consensus arrived at, the impugned order dated 28.3.2012, passed by the trial Court below application, Exh.5, in R.C.S.No.7 of 2012, shall stand modified, as above.
Accordingly, the instant appeal from order stands disposed of without entering into any merits. Resultantly, the civil application for stay loses its survival value and also stands disposed of.
(J.C.UPADHYAYA, J.) (binoy) Top