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TYONEX (NIG.) LTD. & EBAMIC PHARMACY LTD. (SUED ON THEIR OWN BEHALF AND AS REPRESENTING ALL OTHER PERSONS ENGAGED IN THE BUSINESS OF IMPORTING, SELLING OR USING OR STOCKING FOR THE PURPOSE OF SALE OR USE THE PHARMACEUTICAL PRODUCT BRANDED AS AMLOVAS) V. PFIZER LIMITED

(2010) JELR 54198 (CA)

Court of Appeal  •  CA/L/25/08  •  24 Jun 2010  •  Nigeria

Coram
M.B. DONGBAN-MENSEM JCA PAUL ADAMU GALINJE JCA IBRAHIM M. MUSA SAULAWA JCA

Appearances
John Duru for the Appellants; Ogunkeye (with him, Nzo Emerole (Miss) for the Respondent.

Judgement
<p><strong> DONGBAN-MENSEM JCA (Delivering the Lead Judgment): </strong> 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: </p><p>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.</p><p>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.</p><p> iii. An order for delivery up for destruction on oath of all stock of AMLOVAS …</p>

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