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2014 Supreme(Del) 1303

MANMOHAN SINGH
Sandeep Jaidka – Appellant
Versus
Mukesh Mittal – Respondent


Advocates appeared:
For the Plaintiff:Pratibha M. Singh, Sr. Adv. with Swathi Sukumar, Anu Paarcha, Anusuya Mehrotra Suhasini, Advocates.
For the Defendants:M.K. Miglani, with Gaurav Miglani, Aayushmaan Gauba, Advocates.

Judgment :

Manmohan Singh, J.

1. By this order, I propose to decide the pending application under Order 39 Rule 1 and 2 CPC being I.A. No.15260/2010 filed by the plaintiff.

2. The present suit has been filed by the plaintiff against the defendants for permanent injunction restraining infringement of its registered patent bearing No.231895 (hereinafter referred to as the “said patent”). The said patent is registered in respect of device for producing heating, cooling and aromatic effects (hereinafter referred to as the “said product”). It is the case of the plaintiff that the defendants are wilfully infringing that said patent i.e. by introducing in their 4D theatre a device/system which produces aromatic/heating, cooling and other effects corresponding to the scene appearing in a movie, thus infringing plaintiff’s patent and as a result of these acts of wilful infringement, the plaintiff is suffering grave, irreparable loss and damage.

3. Case of the plaintiff

(i) The plaintiff is an innovator in the field of electronics and has several patents to his credit. The plaintiff invented a novel system i.e. device which produces heating, cooling and aromatic effects corresponding to the




















































































































































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