JUDGMENT

Sanjeev Narula, J. (Oral)--In terms of the Order dated 12th January, 2022, the Plaintiff has filed an Affidavit of Service dated 28th January, 2022, enclosing therewith proof of service through e-mail, speed post as well courier tracking reports. The courier consignment has not been accepted by the addressee. In view of the above, Defendants stand served. Since there is no appearance on their behalf, they are proceeded against ex-parte.

2. Vide order dated 4th February, 2016, the following issues were framed:

"(i) Whether the impugned Patent No.IN240893 is invalid in view of any of the grounds raised in counterclaim No.38/2012? OPCC

(ii) Whether the defendants have infringed any of the claim of the impugned Patent No.IN240893? OPP

(iii) If the answer to issue no.(ii) is in affirmative, what is the relief that the plaintiff is entitled to, and for what period? OPP

(iv) Relief."

The afore-noted Issue No. (i) was taken up first and hearing on Issue No. (ii) and (iii) was deferred. In the judgment dated 10th August, 2021, the Court while rendering findings on Issue No. (i), rejected all grounds urged by the Defendants and upheld the patent. However, at the same time, the Cou