Garware-Ropes v M/s Techfab India & Ors. (AIR 2008 GUJ __)
- Gujarat High Court refused to grant the injunction while deciding that the compensation to be an adequate remedy in Patent infringement case at the Injunction stage. Hon’ble Divisional Bench of Gujarat High Court upheld the judgment of Ld. Single Judge that held that compensation would be an adequate remedy and no injunction would be granted where there is serious challenge to validity of Patent in revocation petition. The court held that “The Court finds some substance at this stage in the submission that no interim injunction protecting the patent and restraining the defendant from continuing the manufacturing and marketing of products in dispute would be granted if the patent is new, its validity has not been upheld in any judicial proceedings and serious controversy raised regarding its validity either by filing an application in revocation or claiming revocation and counter claim in the suit.”
- Although Indian Supreme Court in the case of Bishwanth Prasad Radhey Shyam V/s. Hindustan Metal . Industries, 1982 SC 1444 held that there is no presumption of validity of patent but this question always creeps in the cases. This Court also looked into this point. Even though the Court did not changed the precedents and decided that there is no presumption of validity under section 13(4) of the Patents Act but Court pointed out that a separate provision has been provided in Section 113 (1) authorizing the High Court in such proceedings as the present matter to provide a certificate of validity to a claim in a patent. Therefore, if the High Court finds that in such a matter, the claim is not valid, the patent should be revoked.
- This is the first time any Court has taken this argument while deciding on the point but now one thing is clear that all the High Courts have adopted the view i.e. there is no presumption of validity of patent under the Act. At least something is consistent in Indian Patent law.
2 comments:
Dear Hunt,
How about this case from the Financial express site:
"Incidentally, in an order on protection of intellectual property rights in the Indian telecom industry, the High Court of Uttrakhand at Nainital restrained Lambda Eastern Telecommunications Ltd., Gurgaon, from infringing the copyright and patent rights of Acme Tele Power Ltd. The High Court, in an injunction order passed in April, restrained Lamda from manufacturing, offering to sell, selling and promoting as their products/services, the patented products of Acme TelePower Ltd. "
Dear Genericipguy,
i am unable to get hold the copy of the case but i am trying to get that. i got to knw from my sources that it was a single judge order restraining lambda and other defendantsfrom manufacturing, offering to sell, selling and promoting the patented products "cuboidal shaped green shelter" and "Power interface unit".
i also got to know that the same judge in an other case of Acme itself refused to grant injunction against but the ground was of "materaial suppression"
If i get the copy of both the cases i will post on my blog.
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