STATEMENT OF FACTS

Albec Pharmaceuticals Ltd. (APL) has its registered office in Washington. It invented
Minocyclinein medicine in June 2010 for a special kind of brain fever i.e., Japanese
Encephalitis (JE). Its commercial name was B-Fev 10 and it was in injection form. The
company filed for patent and trademark protection in India in July 2010 and it got its
trademark registered in September 2010.

Life Cure Pharmaceutical Co. Ltd. (LCPL) made a generic version of B-Fev 10 injection and
named it as B-Feu 10 which costed one-tenth and only 1.5% less efficient than the original
one. A precautionary procedure before administration was to inject 0.5 ml in subcutaneous
layer for 30 minutes as allergic test otherwise in some cases, it may be lethal.

LCPL started manufacturing B-Feu 10 inj. And engulfed 75% market share of B-Fev 10 due
to cheap price and approx. efficiency.

Master Rahul, 6 years old, son of Mr. Dev Prakash, is suffering from JE and is admitted in
Govt. Hospital, Gorakhpur. Most of the medial and para-medical staff were appointed on a
contractual basis, Dr. S.C. Tripathi (unit in-charge of JE) being appointed for five years. His
wife Ms. Renuka, is pursuing B.Sc.(nursing) in a pvt. College and she used to come to the
hospital to assist her husband and to get training, which was a complete unauthorised act.
Fact was known to the hospital authorities, but no officers took any action due to Dr.
Tripathi’s political influence.

Rahul was admitted and he prescribed in his prescription to purchase a set of ‘B-Fev 10’ inj.
Mr. Dev Prakash went to the medical store and the owner Mr. Anand Mishra handed him B-
Feu 10 instead of B-Fev 10 even after going through the prescription. Mr. Prakash verified
but couldn’t find out any difference. He provided a set of B-Feu 10 to the doctor. The doctor
had an emergency call in the emergency ward of the hospital, so he handed over the injection
and prescription to his wife and told her to administer it to Rahul. Ms. Renuka saw only
prescription and believing that the inj. Was B-Fev 10 directly injected it into his body due to
which his body reacted very fast thus damaging his cranial nerve III, IV and VII resulting
into permanent blindness with upper left limb paralysis. After this incident, relatives of
patient agitated against the doctor and hospital authorities to which the staff used iron rods to
evict them causing grievous hurt to some parents.

Memorial on behalf of plaintiff

A local daily ‘Gorakhpur Voice’ published Rahul’s parents’ statement in headings “Hospital
Under Medical Mafia Don Mr. Tripathi”. The full statement of the parents as published was:

“The Government Hospital is under mafia raj of Dr. S.C. Tripathi. He is running parallel
administration in the hospital due to his political influence. His wife Renuka is assisting in all
these things. This type of doctor is shame on the name of humanity. His act is like a butcher.”

After this incident and news Dr. Tripathi was suspended and departmental inquiry was
initiated. Departmental Inquiry resulted in favour of Dr. Tripathi.

Master Rahul parents filed a civil case against Dr. Tripathi, his wife and the Hospital.

Dr. Tripathi also filed civil suit of defamation against Master Rahul’s parents.

Memorial on behalf of plaintiff