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SENTHILKUMAR RAMAMOORTHY
Saint-Gobain Glass France, Through its authorized signatory, S. Giriraj Kumar – Appellant
Versus
Harsha Exito Engineering (P) Ltd. , Chennai – Respondent
JUDGMENT
(Prayer: Civil Suit is filed under Section 104 of the Patents Act, 1970 r/w Order IV Rule 1 of O.S. Rules and Order VII Rule 1 and Section 151 of the Code of Civil Procedure, 1908 and Sections 2(1)(c) and 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 praying to a decree of permanent injunction be passed in favour of the Plaintiff and against the Defendant, its officers, Directors, Agents, Distributors and Customers restraining them from using, employing, manufacturing, assembling, selling, offering for sale, advertising including through their and third party websites, products, devices and systems that are used for installation of glass panels, so as to result in infringement of the suit Patent, i.e., Indian Patent No.305596, until the Defendant has procured appropriate licenses and permissions therefore from Plaintiff; (ii) an order for delivery up of infringing components/ elements, semi-manufactured products/parts, products, devices and systems manufactured using the patented technology, devices and systems including packaging, labels, brochures and other printed material for the purposes of destruction; and (
The main legal point established in the judgment is the determination of patent infringement under the Patents Act and the calculation of damages based on the Plaintiff's losses.
The central legal point established in the judgment is the application of the Patents Act, 1970, to determine patent proprietorship, infringement, and entitlement to damages.
The main legal point established in the judgment is the need to balance the interests of parties in patent infringement cases, considering factors such as the willingness to license patented technolo....
Point in Issue :Whether plaintiff in the facts of the case entitled to amendment sought by him.
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....
The court's decision emphasized the importance of maintaining accounts of manufacture and sales in patent infringement cases and highlighted the need to consider the status of the suit patent and the....
The ‘patented product’ so imported to India, which would fall within ambit of Section 107A(b) of Act, can only be construed to mean such products which are manufactured with authority of patentee or ....
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