Mere possession of a patent does not shield a party from claims of infringement of another patent by demonstrating substantial similarity.

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:

3. On 3^rd October 2024, this Court issued summons in the suit and notice in the interim injunction application. Further parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre. However, the mediation proceedings were not successful.

4. Replies to the interim injunction application and written statements in the suit were filed on behalf of the defendants no.2 and 4 and defendant no.5 on 26^th December 2024 and 8^th January 2025, respectively.

5. Arguments in the application for interim injunction were heard on 16^th January 2025, 19^th February 2025, 25^th March 2025, and 30^th April 2025, when judgment was reserved. Subsequently, written submissions have also been filed on behalf of the parties.

CASE SETUP BY THE PLAINTIFF

6. The case set up by the plaintiff company in the plaint is as follows:

6.1. The plaintiff, Aquestia Limited, a company duly incorporated under the laws of Israel, is recognised as a global leader in the field of control, monitoring, and management of liquid conveyance systems. The plaintiff has developed solutions for the management of liquids across multiple sectors, including but not limited to waterworks, fire protection, aviation fueling, irrigation, mining, oil and gas, and commercial plumbing etc.

6.2. The plaintiff has, over the years, developed a wide range of modern valves, including but not limited to mechanical and hydraulic valves, and has successfully expanded its business operations to several international export markets, including Argentina, Mexico, Europe, China, Australia, Africa, the United States of America, Canada, and India.

6.3. At present, the plaintiff’s active patent portfolio comprises approximately 145 patents. The plaintiff has undertaken significant investments, both monetary and technical, towards the protection, enforcement, and global registration of its intellectual property rights.

6.4. The suit patent was originally granted in favour of Dorot Management Control Valves Ltd. Pursuant to the merger between the plaintiff and Dorot Management Control Valves Ltd, the plaintiff has been duly assigned all rights, title, and interest in the suit patent.

6.5. The plaintiff’s invention, as claimed in the suit patent, is novel and involves an inventive step, offering substantial and distinct advantages over conventional solutions disclosed in the prior art.

6.6. The plaintiff’s products are widely recognised for their safety, reliability, and high quality. Over the years, the plaintiff has built substantial goodwill and a strong reputation in global markets,