MANMOHAN SINGH, J.

1. By this order I shall dispose of I.A. No. 3756/2007 filed by the plaintiff under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 (for short „CPC?) for an ad-interim injunction restraining the defendants from manufacturing, selling and offering for sale copper free mirrors infringing the plaintiff?s registered patent No. 190380. Case of the Plaintiff

2. In the plaint, it is stated that the plaintiff is a company incorporated under the laws of Belgium. In India, the plaintiff?s sales and marketing etc. are carried out by Glavindia Pvt. Ltd., 507 Gateway Plaza, Hiranandani Gardens, Powai, Mumbai- 400076, Maharashtra.

3. The plaintiff claims to be engaged in the business of manufacturing, marketing and selling glasses, mirrors of world class quality. The plaintiff claims in the suit to be the innovator of the technology which has lead to the manufacture of mirrors of improved quality.

4. The plaintiff in the present suit claims to be owner of the process as well as product patent involving the manufacturing process of the mirror which is registered as patent No.190380 dated 8th May, 1995 granted on 12th March, 2004 in respect of „a mirror with no copper layer and process for manufacturing the same?. The plaintiff has stated in the suit that the process and product involving the mirror without a copper layer is an innovative one and the said process and the product is easily distinguishable from that of the ordinary and conventional mirrors in the market which contain the copper layer.

5. The plaintiff developed the said technology and got it patented in India on 8th May, 1995 under Patent No. 190380 and launched the MNGE mirror in September 1998. As per the plaintiff, the novelty in Indian Patent No. 190380 resides in a mirror with no copper layer and a process for preparing the same. Claims for the purpose of present dispute of patent inter alia reads as under :

“1) A Mirror with no copper layer comprising:

i) a vitreous substrate,

ii) at least one material selected from the group consisting of bismuth, chromium, gold, indium, nickel, palladium, platinum, rhodium, ruthenium, titanium, vanadium and zinc at the surface of the said substrate,

iii) a silver coating layer on the surface of the said substrate, said silver layer optionally comprising at least one material selected from a group consisting of tin, chromium, vanadium, titanium, iron, indium, copper, and aluminum present at the surface of the silver coating layer and/or traces of silane; and

iv) at least one paint layer covering said silver coating layer.

9) A process for the manufacture of a mirror as claimed in Claim 1, said process comprising

i) sensitizing a surface of a glass substrate by bringing it into contact with a sensitizing solution and activating the surface in an activating step, in which the surface is brought into contact with an activating solution, whereby the activating solution contains ions of at least one of the metals of bismuth (III), chromium (ii), gold (iii), rhodium (III), ruthenium (III), titanium (III), vanadium (III) and zinc (II),

ii) a silvering step, in which said surface is brought into contact with a silvering solution and optionally compromising contacting the silver coating layer with a solution containing ions of fat least one of the group consisting of Cr (II), V (II or III), Ti(II or III), Fe(II), In(I or II), Sn (II), Cu(I) and A1(III) and/or contacting the silver coating layer with a silane; and

iii) a step for covering the resulting silver layer with one or more protecting paint layers.

The material at the surface of the (glass) substrate is preferably palladium; this is preferably present as „islets? on the glass surface (as opposed to being present as a continuous layer) present in an amount not more than 3.6 mg per square meter.”

6. The plaintiff submits that the inventions protected by the Indian patent are substantially similar to the plaintiff?s inventions protected in United States o