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2023 Supreme(Del) 1721

MANMOHAN, SAURABH BANERJEE
Trex India Pvt. Ltd. – Appellant
Versus
Cde Asia Limited – Respondent


Advocates appeared:
Mr. A.S. Chandhiok, Senior Advocate with Mr. Angad Baxi and Ms. Purva Kohli, Advocates, for the Appellant.
Mr. Sudhir Chandra, Senior Advocate with Mr. Rajat Manchanda, Advocate, for the Respondent.

JUDGMENT

Saurabh Banerjee, J. (Oral)--The respondent-plaintiff before the learned Single Judge, is a company duly incorporated under the laws of India engaged in wet processing equipment for use in quarries, mining & minerals and waste recycling products and also to have established new processes in the iron ore industry by developing custom build washing systems to improve the quality, productivity, efficiency and profitability with a view to ensure the preservation of natural resources.

2. The respondent, claims to have filed an application for grant of patent for the invention titled as "System/Device Process for Classification of Various Materials" in India on 3rd September, 2013 and been granted patent i.e. Patent No.307249 [Hereinafter referred as "IN'249"] on 12th February, 2019 for a period of twenty years from the date of filing of the application. The respondent claims to have filed similar applications for registration of the same patent in various other countries. The respondent also claims to have obtained a Certificate of Registration for its Design No.262629 [Hereinafter referred as "ID'629"] dated 20th March, 2015, which is valid for a period of fifteen years from t

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