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 scene appearing in a movie. Such effects are commonly termed as ‘4D’ effects. He was granted the said patent in India on 13th March, 2009 for such a system. The invention of the plaintiff is a combination of a hardware and software, which together are designed to control and synchronise the movie played for a multi-sensory show.

(ii) The effects are achieved by:

(a) Playing the movie,

(b) Recording certain codes (which represent special effects such as rain, wind effect, animal etc.) against each desired scene on the film (the movie film) using timeline/digital coding system,

(c) Fixing special device (such as spray unit with nozzle at the back of the chair, wind effect producing unit in surrounding/environment of the theatre etc.) and synchronizing these systems to provide special effects corresponding to the scene appearing in the movie,

(d) Playing the recorded special effects synchronized with the desired scene in the movie, and

(e) At appropriate/precise time, activating the effects already encoded on the film using an electronic decoder/micro-controller as also activating the movie control system so that the viewer gets a multi-sensory effect while watching a movie

(iii) Claim 1 of the plaintiff’s patent reads as follows:

“1. A device for producing heating/cooling/aromatic effects of at least one of waterfall, rain, garden, mountains, desert, animals, kitchen and river scenes while viewing a picture, an advertisement or playing amusement games in a cinema hall/open theater/TV comprising:

movie film/video tape/disc recorded with coded signals such as herein described for producing effects of at least one of waterfall, rain, garden, mountain, desert, kitchen and river scenes of advertisements, said coded signals either recorded separately or embedded on the sound signals;

an electronic decoder for decoding said signals when said effect is to be expressed or a particular scene appears; and

actuating means connected to an output of the electronic decoder for releasing gas/perfumes or energizing heating/cooling means to produce the desired effects corresponding to the scene appearing on a scene of the cinema hall/open theater/TV.”

4. The plaintiff is also the holder of a corresponding patent in USA, bearing US 6,152,829 granted on 28th November, 2000. Specific statement is made in the plaint that the product of the plaintiff became very popular. It received wide acclaim and was lauded by various newspapers and magazines.

5. Case set up by the plaintiff against the defendants is that in November 2009, the plaintiff learnt about the defendants. The defendant No.1 is the owner of a 4D Theatre located called “funvilla” within the Metro Walk Mall, Rohini. Defendant No. 2 is the manufacturer and supplier of 4D Theatre equipment and supplying the