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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
Aquestia Limited – Appellant
Versus
Automat Industries Private Limited – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks injunction for patent infringement. (Para 2) |
JUDGMENT :
AMIT BANSAL, J.
I.A. 41112/2024 (under Order XXXIX Rule 1 and 2 CPC
1. By way of the present judgment, I shall decide the above-captioned application filed on behalf of the plaintiff company under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [hereinafter the ‘CPC’].
2. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the plaintiff’s registered patent no.IN 427050, titled as ‘A Fluid Control Valve’ [hereinafter the ‘suit patent’] along with other ancillary reliefs. The bibliographic details of the suit patent are given below:
| S. NO. | PARTICULARS | |
| 1. | Title of the patent | A FLUID CONTROL VALVE |
| 2. | Patentee | Aquestia Limited |
| 3. | Assignor | Dorot Management Control Valves Ltd. |
| 4. | Priority Date | 09 June 2016 |
| 5. | Priority application | Israel Patent Application No.246151 |
| 6. | International filing date | 05 June 2017 |
| 7. | International Application number | PCT/IL2017/050625 |
| 8. | Date of filing in India | 23 November 2018 |
| 9. | Application Number | 201827044214 |
| 10. | Date of Publication (under Section 11A) | 07 June 2019 |
| 11. | Date of First Examination Report | 25 October 2019 |
| 12. | Date of Response | |
Mere possession of a patent does not shield a party from claims of infringement of another patent by demonstrating substantial similarity.
In patent infringement cases, plaintiffs must provide full disclosure and establish a prima facie case to obtain an injunction, which includes demonstrating the novelty of the patent.
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 scope of an invention is defined and determined by the granted claims.
A patentee holds exclusive rights against third parties under Section 48 of the Indian Patent Act, allowing for permanent injunction against infringers based on unequivocal admissions of patent infri....
The scope of patent claims is defined by the claims themselves; any pharmaceutical composition containing the claimed ingredients constitutes infringement, regardless of the specific formulation.
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