O R D E R

% I.A. 11490/2023 (under Order XXXIX Rules 1 & 2, CPC)

1. This application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”) has been filed by plaintiffs as part of the suit seeking permanent injunction restraining defendant and other persons through him from using, making, manufacturing, offering for sale or selling or importing the impugned brick making machines which are protected under the plaintiffs’ patent nos. 353483 and/or 359114 and/or 374814 and/or 385845 and/or any product similar thereto in any manner without the permission, consent, or license of the plaintiffs. Further relief has been sought relating to infringement of copyright of plaintiffs in literature/

specification/ artistic features related to plaintiffs’ brick making machine besides other attendant reliefs.

2. Plaintiff no.1 claims to be a pioneer in revolutionizing one of the world’s oldest industries of brickmaking, engineering a shift in the traditionally manual process of making bricks to what is claimed to be world’s first patented, fully automated and mobile brick making machine (“plaintiffs’ machines”). Plaintiff nos. 2 to 4 are promoters/ directors of the plaintiff no. 1 and are inter alia inventors, co-applicants, co-patentees of the plaintiff’s machines.

3. It is alleged that defendant is manufacturing and selling Brick Making Machines (“defendant’s machine”) which are similar to plaintiffs’ machines for which the aforementioned patents have been granted.

4. The following patents have been granted in favour of plaintiffs:

5. Additionally, plaintiffs claim copyrights under provisions of the Copyright Act, 1957 in technical literature, data sheets, technical specification, drawings, images, etc. pertaining to the plaintiffs’ machines. 6. The history of innovating plaintiffs’ machines has been narrated in paragraph nos. 5 to 8 of the plaint. Essentially, plaintiff no. 2 was engaged in the business of conventional brickmaking which was labour-intensive and being aware of the fact that there was no automation in the brick making industry, he conceptualised an idea for developing an automated brick making machine. Pursuant to research and development, together with his brothers, plaintiff nos. 3 and 4, between 2007 to 2014, created several prototypes. In 2013, plaintiff nos. 3 and 4 incorporated plaintiff no.1 company. Plaintiff no.1 claims to be a leading modern player in the age-old brick making industry, not only domestically but worldwide as well. Plaintiffs’ machines are exported to various countries inter alia Nepal, Bangladesh, Pakistan, Afghanistan, Uzbekistan, Kyrgyzstan, Sudan, and Kingdom of Saudi Arabia; plaintiffs enjoy approximately 65% of its revenue from its international market and 35% from domestic market (figures pertain to the financial year 2018-19). Plaintiffs’ total turnover in financial year 2021-22 is INR 15,81,42,929.20/- and annual advertising and promotional expenses for the same year were INR 8,36,464/-.

7. The first patent IN 359114 applied for by plaintiffs in 2014 had the following essential features, as submitted by plaintiffs:

a) A mobile brick-making machine comprising:

i. A chassis (102) to support various parts and aggregates of the machine;

ii. A cabin (101) for an operator of the machine to sit a