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VIKAS MAHAJAN
Vifor International Ltd. – Appellant
Versus
Biological E Limited – Respondent
JUDGMENT
Vikas Mahajan, J.
IA No. 11570/2023 (seeking exemption)
1. Allowed, subject to just exceptions.
2. The exempted documents shall be filed within a period of one week from today, in strict compliance with the practice rules of this Court.
3. With the aforesaid direction, the present application is allowed and disposed of.
IA No. 11573/2023 (seeking exemption from requirement of pre-institution mediation)
4. In the facts of the present case, the exemption sought from attempting pre-institution mediation, is allowed.
5. Accordingly, the application stands disposed of.
IA No.11571/2023 (seeking extension of time in filing the Court fees)
6. Since the deficient Court fee has already been paid by the plaintiffs, no orders are called for. The application is disposed of.
IA No.11572/2023 (seeking exemption from filing notarized affidavits)
7. Learned Senior Counsel for the plaintiffs states that the notarized affidavits will be filed, within a period of two weeks. Taking the said statement on record, the application is allowed and disposed of.
IA No.11569/2023 (seeking leave to file additional documents)
8. This is an application seeking leave to file additional documents at a later stage under
Intellectual property Rights - Patent - Infringement of products - Existing stock shows that lot of production of impugned product took place also when pre-grant opposition filed by Association was d....
The main legal point established in the judgment is that the grant of interim relief in patent infringement cases requires a prima facie case and balance of convenience in favor of the plaintiffs, an....
The court reaffirmed the sanctity of patent rights, determining that allowing sale of infringing products would undermine ongoing legal protections against patent infringement.
Patent is prima facie invalid due to prior claiming and non-working, infringing on patent system integrity by prolonging monopoly post-expiration.
A quia timet action can proceed when the plaint alleges sufficient facts indicating an imminent threat of patent infringement, necessitating judicial scrutiny.
The requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 is mandatory unless urgent interim relief is demonstrated, which must be assessed from the plaintiff....
Infringement of patent established; interim injunction granted to prevent public harm.
Patent rights for processes do not confer exclusive rights over products derived from those processes, impacting enforcement and claims for injunction.
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