|
The Delhi High Court has ordered a director of a domestic firm Triveni Interchem Pvt Ltd to pay Rs. 2 crore to global pharma major Pfizer Inc finding that the former has committed willful and contumacious contempt of the court by violating its earlier order to restrain from making, selling, distributing or advertising drugs with the ingredient palbociclib.
Palbociclib, which is used in treatment of metastatic breast cancer, had its patent exclusivity in the country expired on January 10, 2023 and several Indian pharma majors have entered the market with generic products. However, the litigation on which the High Court has now issued order is related to a petition filed by the company earlier and a related ad interim injunction issued by the Court on October 12, 2021.
Pfizer has alleged that Triveni Interchem is guilty of willful and contumacious disobedience of the Court's order dated October 21, 2021, which granted ad interim relief to the US-based company by restraining the latter from making, selling, distributing, advertising, exporting or importing or in any manner directly or indirectly dealing with any product, which has, as an ingredient, palbociclib or any pharmaceutically acceptable salt, that would infringe Pfizers' patent.
The Court, in the order in October, also directed to remove any indication that they are marketing or offering for sale palbociclib or any pharmaceutically acceptable salt, and permanently remove all advertisements and names relating to the active pharmaceutical ingredient palbociclib in power form.
Pfizer also alleged that Triveni Interchem had, by merely altering the packaging in which palbociclib was being sold by it, continued to indulge in sale of the drug on its own website as well as third party websites. The Court in July, 2022, based on a complaint by Pfizer, observed that Triveni Interchem had advertised the product on a third party website and sought a reply from the company.
Triveni Interchem, in a reply, said that the infringing products had inadvertently not been removed from the internet listing on the third party website and the Counsel appeared for Kamlesh Singh, director of Triveni Interchem, submitted that it had never manufactured or sold palbociclib.
However, the Court in an order on December 14, 2022, noted that the submission was clearly false. The Order held the company as guilty of wilful and contumacious disobedience of its orders and guilty of having committed contempt of the Court. In his latest order which considered the aspects of sentence, on January 23, 2023, Justice C Hari Shankar observed that Triveni Interchem has not chosen to challenge the December 14 order and therefore, admitted that they are indeed guilty of contempt.
Rejecting Triveni's argument that it has only made purchase and sale of palbociclib once on July 22, 2022, the Court observed that prima facie, the company is also unwilling to come clean before the Court or to disclose to the Court the amount of palbociclib in which it has dealt.
It also noted that according to an affidavit on January 17, 2023, Triveni Interchem has sold pharmaceutical products to the tune of Rs. 18.97 crore in 2020-21, Rs. 36.17 crore in 2021-22 and Rs. 13.36 crore during April to September, 2022.
The Court then ordered Kamlesh Singh, finding him as rendered himself liable to punishment, to pay an amount of Rs. 2 crore within a period of two weeks from the date of Order, to Pfizer. Failing to pay the amount, the director shall be taken into custody and detained in a civil prison for a period of two weeks at Tihar Jail, Delhi, added the Order.
|