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2014 Supreme(Mad) 659
High Court of Judicature at Madras
ARUNA JAGADEESAN, J.
Venkatraman Das
Versus
M/s. Vns Innovations Pvt. Limited & Others
CS. No. 19 of 2006
Decided on: 19-03-2014
Advocate Appeared
For the Plaintiff:Sumitha Vibhu, Advocate.
For the Defendants:R. Sathish Kumar, Advocate.
The judgment establishes the principle that a patent must demonstrate novelty, utility, and an inventive step to be valid and enforceable. Additionally, the court emphasized that the lapse of the patent period renders the claim infructuous.
Headnote:
Patent Infringement - Disposable Armpit Perspiration Pad - Patent Act, Section 2(j), 2(ja), 64 - The court dismissed the civil suit and counter claim, ruling that the plaintiff's patent for the 'Disposable Armpit Perspiration Pad' was not a new invention and lacked novelty and utility. The court also found that the patent had become infructuous due to the lapse of the patent period. The counter claim for damages was also dismissed.
Fact of the Case:
The plaintiff filed a civil suit seeking permanent injunction, surrender of stock, account of profits, and costs, alleging infringement of their registered patent for the 'Disposable Armpit Perspiration Pad' by the defendants. The defendants contested the suit, claiming that the plaintiff's patent was invalid and not a new invention.
Finding of the Court:
The court found that the plaintiff's patent lacked novelty and utility, and had become infructuous due to the lapse of the patent period. The counter claim for damages was also dismissed as the suit was not deemed malicious or an abuse of court process.
Issues: The court addressed issues related to the novelty and utility of the plaintiff's patent, the validity of the patent registration, infringement by the defendants, surrender of stock, damages claimed by the first defendant, and the jurisdiction of the court.
Ratio Decidendi: The court applied the provisions of the Patent Act, particularly Sections 2(j), 2(ja), and 64, to determine the novelty, utility, and validity of the plaintiff's patent. It also considered the lapse of the patent period and the absence of malicious intent in the suit filing.
Final Decision: The civil suit and counter claim were dismissed by the court, and no costs were awarded.
1. This Civil Suit is filed to pass a Judgment and Decree, (a) granting permanent injunction restraining the defendants, their servants, agents or anyone claiming through them from in any manner infringing the plaintiff's Registered Patent under the title “Disposable Armpit Perspiration Pad” by manufacturing and selling “Disposable Armpit Perspiration Pad” either under the Trademark “SWEATEX” or any other mark whose Patent is similar to that of the plaintiff's Registered Patent, (b) directing the defendants to surrender to the plaintiff the entire stock of unused offending “Disposable armpit perspiration pad” bearing the trade mark “Sweatex” or any other mark, (c) directing the defendants to render a true and faithful account of the profits earned by the defendants through the sale of the products and directing payment of such profits to the plaintiff for the infringement committed by the defendants and (d) directing the defendants to pay to the plaintiffs the cost of the suit.
2. The case of the Plaintiff as set out in in the plaint is as follows:-
a. The plaintiff is the original inventor of the patent relating to “Disposable Armpit Perspiration Pad”. The invention of such armpit perspiration pad is comprising of a oval shaped perspiration observing membrane mounted on a moisture proof bearer element. It is used to observe the armpit perspiration and at the same time, to reduce the damage to the garment. The plaintiff obtained Patent Registration No.181248 dated 21.5.1993 and the same is periodically renewed. The invention made by the plaintiff is very unique and no one in the world has invented the same or similar product.
b. The plaintiff has been approaching the various institutions and industries and other Government Departments to establish a factory to manufacture the device. Coming to know about the unique invention and its use, the first defendant has commenced manufacturing identically similar perspiration pads under the trade mark “SWEATEX” at China and commenced the sale in India. The product and the trade mark is a virtual copy of the plaintiff's registered patent. The second defendant is a seller of the offending product in the city of Chennai. The plaintiff, issued a notice dated 14.7.2005 to stop production and marketing of the same, for which, the first defendant gave an evasive reply. The defendants 1 and 2 have no manner of right, title or interest to manufacture and sell the plaintiff's disposable armpit perspiration pad and such manufacturing and selling amount to infringement of the patent rights of the plaintiff. Hence, this civil suit has been filed for the reliefs as stated above.
3. In the Written Statement filed by the 1st Defendant, it is averred as follows:-
a. The suit is not maintainable and this court has no jurisdiction to entertain the suit. The second defendant is arrayed only to invoke the jurisdiction of this court. The first defendant never appointed the second defendant either as a dealer or as a distributor for the city of Chennai. The plaintiff, not having commenced his manufacturing, there is no cause of action for the suit. The alleged invention is not new, but in vogue for many years. The second defendant approached the first defendant and sought to become a dealer of the first defendant's products. On receiving a sum of Rs.300/-, the first defendant sent six pieces of SWEATEX by courier as sample and it is not a commercial sale. The plaintiff had set up the second defendant only to make a trap purchase and thereby to invoke the jurisdiction of this court. The first defendant's commercial activity is confined to Andhra Pradesh and has not sold its products under the name “UNDER ARM GARMENT LINER”. The patent alleged to have obtained by the plaintiff is invalid and liable to be revoked.
b. Armpit Perspiration Pad is well known for more than 100 years in the market and there is no nothing new or novel to invent the same. Patent for armpit perspiration pad was granted on 1.11.
