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.

JUDGMENT :

(Devan M. Desai, J.) :

1. By way of the present Appeal From Order, the appellant – original plaintiff has challenged the order below Ex.5 dated 18.05.2023 passed by the learned Additional District Judge-11, District & Sessions Court, Surat in Commercial TM C.S.No.1 of 2023.

2. Heard learned Senior Counsel Mr.Saurabh Soparkar with learned advocate Mr.Tarun Khurana, learned advocate Mr.Ahhijeet Deshmukh and learned advocate Mr.Jwalit Soneji for the appellant, learned advocate Mr.Arjun M. Joshi for respondent Nos.1, 6 and 7 and learned Senior Counsel Mr.Jay Savla with learned advocate Mr.Robin Chacko and learned advocate Mr.Bhash Mankad for respondent Nos.2, 3, 4 and 5.

3. Brief facts of the case are summarized as under:-

3.1 The plaintiff has prayed for in Injunction Application that pass an interim injunction in favour of the plaintiff and against the defendants, their affiliates, subsidiaries, related parties/officers, directors, representatives, agents distributors, assigns, nominees, and customers restraining them from directly or indirectly, jointly or severally, manufacturing having manufactured, procuring selling, offering for sale any machine/device or service that infringes the Suit Patent as well as any future machine/devices that incorporates the Suit Patent No.IN398302, so as to result in the infringement of the said Suit Patent, and has also prayed for ex-parte Adinterim and interim reliefs in terms of aforesaid prayers.

3.2 The Plaintiff is a supplier of CVD-grown diamonds. The Plaintiff also manufactures and supplies microwave reactors for CVD diamond production. The Plaintiff offers diamonds and jewellery, which are all lab- grown and is a global distributor of all types of fancycoloured diamonds and jewellery. The plaintiff has developed devices for High Pressure High Temperature treatment ("HPHT treatment") of diamonds and for this, the plaintiff has invented DIAMOND HOLDING DEVICES FOR HPHT TREATMENT OF DIAMONDS (Diamonds Holding Devices).

3.3 Plaintiff was granted First Patent (Patent No. IN328437) on 07.09.2020. The Diamond Container is a device, which holds the diamonds during HPHT Treatment. During HPHT Treatment, diamonds are exposed to extreme pressure @ 5 GPa-11 GPa and Temperature @ 1100'C- 3500'C. To derive optimum results out of HPHT Treatment it is cardinal to maintain accurate pressure and temperature over the diamonds, and in achieving such accuracy the structure of the diamond container plays cardinal importance. Plaintiff configured a unique structure of Diamond Container which can withstand extreme pressure and temperature during the treatment with a minimum level of damage to the diamonds. The modern state-of-art not only requires uniformity in application of accurate temperature and pressure during HPHT Treatments but to make the venture commercially viable and exploitable, a diamond container requires such structuring that can hold a maximum number of diamonds, so that the maximum number of diamonds can be processed at the same time, resulting into cost efficiency and uniformity in colour profile of the diamonds. During HPHT treatment, pressure @ 5GPa-11GPa and temperature @ 1200C-3500C are applied to diamonds. The diamonds are placed in a graphite chamber, which is supported by a cylindrical member, a heating ring, an insulating ring, a conductive plate, and an outer body. This entire structuring is basically what is called a Diamond Container. This diamond container is mounted between two faces of a die, which in turn is mounted between anvils of high-pressure apparatus and thereby, high pressure and high temperature are applied. The structure of the diamond container must enable transmission of pressure and temperature inside the graphite chamber and must also prevent it from being released. The suit patent not only increases the volume of cells to accommodate a large number of diamonds for HPHT Treatment, but at that time, the temperature and pressure transacted to the diamond