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TYONEX NIG. LTD
V.
PFIZER LTD

(2010) JELR 54198 (CA)

Court of Appeal 24 Jun 2010 Nigeria
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- The respondent (plaintiff at trial) sought declaratory and injunctive relief for infringement of Patent No. RP 9970 (concerning Amlodipine Besylate), while the appellants (defendants) filed a defence and counterclaimed for damages and vio

Case Details

Suit Number:CA/L/25/08
Judges:M.B. DONGBAN-MENSEM JCA PAUL ADAMU GALINJE JCA IBRAHIM M. MUSA SAULAWA JCA
Counsel:John Duru for the Appellants; Ogunkeye (with him, Nzo Emerole (Miss) for the Respondent.

DONGBAN-MENSEM JCA (Delivering the Lead Judgment): On 25 July 2003, the respondent as plaintiff at the trial court, filed a writ of summons dated the 24 July 2003. The writ which was duly endorsed with the statement of claim seeks the following reliefs:

i. A declaration that Patent No. RP 9970 is valid and has been infringed by the defendants and all those on whose behalf the defendants are sued.

ii. An injunction to restrain the defendants and each of those upon whose behalf the defendants are sued whether by themselves, their directors, officers, employees, servants or agents or otherwise howsoever from doing or authorizing the doing of the following acts or any of them, that is to say importing, selling, using or for the purpose of sale or use in Nigeria, stocking the product branded as “AMLOVAS” or any other product containing the product named Amlodipine Besylate or otherwise infringe Patent No. 9970.

iii. An order for delivery up for destruction on oath of all stock of AMLOVAS …

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