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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
GSP CROP Science Ltd. – Appellant
Versus
BR Agrotech Limited – Respondent
| Table of Content |
|---|
| 1. overview of patent infringement case and context. (Para 1 , 4 , 5 , 6 , 7 , 10 , 11 , 12 , 13 , 14) |
| 2. plaintiff's arguments on patent validity and infringement. (Para 16 , 17 , 18) |
| 3. defendant arguments contesting infringement claims. (Para 22 , 23) |
| 4. court's analysis of infringement based on established patent rights. (Para 25 , 26 , 30) |
| 5. assessment of product's compliance with patent claims. (Para 28 , 29) |
| 6. need for expediting justice through admissions in legal process. (Para 32 , 33 , 36) |
| 7. final judgment and orders against defendant. (Para 38 , 39 , 40 , 41) |
JUDGMENT :
I.A. 24574/2023 (Judgement on Admission)
Preface:
1. The plaintiff instituted a suit for permanent injunction restraining the defendants from infringing its Indian Patent No.394568, [Hereinafter referred as ‘IN’568] as also other ancillary reliefs against the defendant nos.1 and 2.
2. Vide order dated 16.02.2023, this Court granted an ad interim injunction in its favour and against the said defendant nos.1 and 2. Thereafter, vide order dated 03.03.2023, the suit was decreed qua the defendant no.1 in terms of the settlement arrived at inter se it and the plaintiff. Later on, vide order dated 04.07
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....
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....
A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.
Admissions in written statement, including implied ones from claims of deception by impersonator and information plaintiff is real owner, justify decree under Order XII Rule 6 declaring deeds void wi....
Mere possession of a patent does not shield a party from claims of infringement of another patent by demonstrating substantial similarity.
The court reaffirmed the sanctity of patent rights, determining that allowing sale of infringing products would undermine ongoing legal protections against patent infringement.
For a decree on admissions under Order XII Rule 6 CPC, the admissions must be clear, unambiguous, and unconditional; evasive denials do not qualify.
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