Based on information from reliable sources, it is learnt that the Delhi High Court has today returned Teva Pharmaceutical’s plaint in its suit for infringement of the process to manufacture the multiple sclerosis drug Copaxone against NATCO Pharma (C.S.(O.S) 3193/2012). The plaint was returned by Hon’ble Justice S.Muralidhar for want of jurisdiction under Order 7 Rule 10 of the Code of Civil Procedure, 1908, considering that NATCO is a Hyderabad-based entity.
Reproduced below is the said provision of the CPC:
10. Return of plaint.- (1) Subject to the provisions of rule 10A, the plaint shall at any stage of the suit be returned to be presented to the court in which the suit should have been instituted.
Explanation: For the removal of doubts, it is hereby declared that a court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint, under this sub-rule.
(2) Procedure on returning —On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.
Late last year, NATCO had won the right to introduce the generic version of Copaxone in the US. We will undertake a detailed analysis of the Delhi HC’s decision as soon as we have a copy of it. I thank the blog's well-wishers for bringing this development to my attention.