Hyderabad Trial Court, on September 26, 2014, denied an interim
injunction to Bristol-Myers Squibb (BMS) in a suit against Mylan
regarding the export of HIV Drug Atazanavir to Venezuela. Earlier,
BMS was denied an ex-parte interim injunction by the Trial Court,
following which BMS approached the High Court and secured a status
The order of the High Court was challenged by Mylan and the High
Court amended the order to restrict exporting of the drug to 1/8th
of the purchase order subject to a sum of Rupees Thirty Lakh being
deposited by Mylan with the Court. The High court further directed
the Trial Court to hear and conclude the interim injunction
application within a period of three weeks.
Taking the defence of Public Interest, Mylan argued that the
export of a HIV drug to a sovereign government, pursuant to an
order from WHO, did not amount to sale for commercial purposes
only. After the dismissal of the interim injunction application by
the Hyderabad Trial Court, BMS filed an appeal on September 29,
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