V.RAMASUBRAMANIAN
M. C. Jayasingh – Appellant
Versus
Mishra Dhatu Nigam Limited (MIDHANI) – Respondent
This is a suit for infringement of patents and designs and for rendition of accounts and various other reliefs.
2. I have heard Mr.M.Sundar, learned counsel for the plaintiff, Mr.V. Chandrakanthan, learned counsel for the first defendant, Mr.C.Manishankar, learned counsel for defendants 2 and 3 and Mr.N.L.Rajah, learned counsel for the fourth defendant.
3. The case of the plaintiff is as follows:
(a) that he founded a proprietary concern, originally known as Eagle Engineering Works and now known as Eagle Osteon Technologies, in the year 1968, in the field of Precision Engineering;
(b) that by tireless efforts and investment for over two decades, the plaintiff invented a wide range of Prosthesis for Limb Salvage surgery, for different parts of the human anatomy, which have been given the name "Custom Mega Prosthesis";
(c) that different types of Custom Mega Prosthesis for different parts of human anatomy were developed by the plaintiff to replace bone defects in the anatomical areas of the shoulder, hip, elbow, wrist, knee, ankle, pelvic region, etc.;
(d) that this Custom Mega Prosthesis (hereinafter referred to as "CMP") is made of titanium alloy or medical grade stainless steel;
Smt. Sudha Devi Vs. M.P.Narayanan and Others [1988 (3) SCC 366]
Kanakarathanammal Vs. V.S.Loganatha Mudaliar and another [1964 (6) SCR 1];
Loonkaran Sethiya Vs Ivan E.John [1977 (1) SCC 379];
Bishwanath Prasad Vs. Hindustan Metal Industries [1979 (2) SCC 511].
Chimanlal Jagjivandas Sheth Vs. State of Maharashtra [AIR 1963 SC 665].
A.Ragavamma Vs. A.Chenchamma (AIR 1964 SC 136).
Wali Mohammed Khan Vs. Ishak Ali Khan and Others [AIR 1931 ALL. 307]
Kalwa Devadattan Vs. Union of India (AIR 1964 SC 880)
Narayan Govind Gavate Vs. State of Maharashtra [1977 (1) SCC 133]
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