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DELHI HIGH COURT
JAYANT NATH
Willowood Chemicals Pvt. Ltd. – Appellant
Versus
Indo-Swiss Chemicals Ltd. – Respondent
| Table of Content |
|---|
| 1. application for permission to sell existing stock (Para 1 , 5) |
| 2. claims and defenses regarding patent infringement (Para 2 , 3 , 4 , 6 , 10 , 12) |
| 3. court's evaluation of defendants' application (Para 7 , 15 , 16 , 17) |
| 4. reasons for sustaining plaintiff's patent rights (Para 13 , 14) |
| 5. application dismissed (Para 18) |
JUDGMENT
Jayant Nath, J.
IA No.6331/2021
1. This application is filed by the defendants seeking permission to sell the existing stock of the subject matter product as stated in this application.
2. It is pleaded that on 23.10.2020 this court passed an ex-parte injunction restraining the defendants, their directors etc. from manufacturing, selling, offering to sell, using, exporting, importing, directly or indirectly dealing in fungicidal composition which is the subject matter of IN 004 thereby amounting to infringement of the plaintiff's right. The said interim order continues to operate. It is pleaded that this order is liable to be vacated on various grounds raised by the defendants in their application under Order 39 Rule 4 CPC.
3. It is further stated that by a common order dated 28.04.2021 passed by the Division Bench of this court in FAO(OS
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