ASIAN ELECTRONICS LTD Vs. HAVELLS INDIA LIMITED

JUDGEMENT

(1.) THIS order will dispose of an application for temporary injunction, IA. No. 8205/2009.

(2.) THE plaintiff(hereinafter called "Asian"), owner of Patent No. 193488 in respect of "Conversion Kit to change the fluorescent lighting units inductive operation to electronic operation" (hereafter "the subject Patent") claims a decree for permanent injunction and other consequential reliefs including damages to the extent of Rs. 25 lakhs against the defendant (hereinafter called "Havells").

(3.) ASIAN states that after the development of the lighting unit with conversion kit based on new technology Mr. Shah filed an application at the Patent Office, Mumbai being No. 544/BOM/1999. The patent was granted on 27.02.2007 and was entered in the register. A copy of the patent certificate has been produced along with the list of documents. Asian submits that the patent involves two important claims which as follows: