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2026 DAILYLAW 19839 (DEL)

CHUGAI SEIYAKU KABUSHIKI KAISHA & ANR. v. BASIL DRUGS AND PHARMACEUTICALS PRIVATE LIMITED

CS(COMM)/306/2026 · 2026-09-28

Purushaindra Kumar Kaurav

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~O-29 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010113162026 + CS(COMM) 306/2026, I.A. 7843/2026 and I.A. 7847/2026 CHUGAI SEIYAKU KABUSHIKI KAISHA & ANR. .....Plaintiffs Through: Mr. Pravin Anand, Mr. Shrawan Chopra, Mr. Achyut Tewari, Ms. Krisha and Ms. Kairavi, Advocates. Versus BASIL DRUGS AND PHARMACEUTICALS PRIVATE LIMITED .....Defendant Through: Mr. Pallav Aneja and Mr. Kritin Raj Juneja, Advocates. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 28.09.2026 1. The affidavit of Mr. Anup Dinesh Singh, Authorized Representative of the defendant, is taken on record. Paragraph nos. 5 to 11 of the said affidavit are extracted as under:- “5. I say and submit that the present suit pertains exclusively to Indian Patent No. IN 294424 (hereinafter referred to as the “IN’ 424 Patent”), titled “Tetracyclic Compound,” which is a valid and subsisting patent. 6. I further acknowledge that IN’ 424 Patent covers the specific chemical compound known by its International Non-proprietary Name (INN) as “Alectinib” or its salt, solvates, or intermediate(s) thereof, including Alectinib Hydrochloride, and that the Active Pharmaceutical Ingredient (API) or its salts, solvates, or intermediate(s) thereof, including Alectinib Hydrochloride, falls within the scope of IN’ 424. 7. I further state that as on date, the Defendant company and its subsidiaries and affiliates have neither manufactured nor sold Alectinib, or its salts, solvates, or intermediate(s) thereof, including Alectinib Hydrochloride, either in the open market or to any other entity, for This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:24:47 research purposes under Section 107A of the Patents Act, 1970. 8. I further state that the Defendant and its subsidiaries and affiliates do not hold, possess, or enjoy any license, permission, or authorization whatsoever for the manufacture, marketing, or sale of the said drug or its APT or its salts, solvates, or intermediate(s) thercof, including Alectinib Hydrochloride. 9. I further undertake and state that neither the Defendant nor any of its associated group entities, directors, officers, employees, servants, agents, stockists, wholesalers, semi-stockists, retailers, marketers, distributors, affiliates. subsidiaries, or any other person or entity within the chain of supply, including anyone acting on their behalf, shall develop, manufacture, offer for sale, or sell Alectinib, or its salts, solvates. or intermediate(s) thereof (including but not limited to Alectinib Hydrochloride) as covered under Indian Patent No. IN 424, to any third party. 10. The Defendant and its subsidiaries and affiliates further acknowledge the validity of IN 424 and rights of the Plaintiffs in the suit patent IN 424 and undertake to not challenge the validity of the suit patent IN 424. 11. In view thereof. the Defendant and its subsidiaries and affiliates further undertake that the impugned product being Alectinib or its salts, solvates, or intermediate(s) thereof, including Alectinib Hydrochloride, shall not be used commercially or dealt with in any form, until the expiry of the suit patent IN’ 424 i.e., 09.06.2023. The Defendant and its subsidiaries and affiliates further undertakes that it shall not violate any of the rights of the Plaintiffs as under Section 48 of the Patents Act, 1970, until the expiry of the suit patent IN’ 424.” 2. In view of the aforesaid, the Court finds that there are no issues, where the parties are at variance on law or fact. Accordingly, the instant suit stands decreed in terms of the aforesaid affidavit. The same shall be forming part of the decree. 3. Needless to state that the defendant shall remain bound by its affidavit. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 28, 2026 Nc This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:24:47