BILCARE LIMITED Vs. AMARTARA PRIVATE LIMITED

JUDGEMENT

(1.) IA No.10848/2006 (U/Order 39 Rs 1 and 2 of CPC BY THE PLAINTIFF) IA No.11160/2006 (U/Order 39 R 4 of CPC BY THE DEFENDANT) IA No.13971/2006 (U/Order 39 R 2A of CPC BY THE PLAINTIFF) The claim of the plaintiff of patent violation by the defendant in respect of metallized packaging film patent of the plaintiff has given rise to the present litigation.

(2.) The plaintiff is a registered proprietor of the patent bearing no. 197823 in respect of the said metallized packaging films in pursuance to a patent granted on 12.04.2006 as per an application of the plaintiff dated 03.03.2004 The patent comprises of 21 claims of which there is a parent claim and there are twenty dependent claims depending directly or indirectly on the parent claim. The description of the invention as per the parent claim is as under: "a multilayer, thermoformable, translucent food and pharmaceutical packaging film" consisting of a core layer of 100-1000 microns thickness of food grade polyvinyl chloride (PVC), devoid of plasticizers having vinyl monomer less than 1 ppm and a global migration of additives less than 60 ppm, and a metallized layer of thickness 0.02- 2 microns provided at least on one side of the said core layer and at least 0-250 microns thick food and pharmaceutical grade polymeric layer provided at least on one side of the core layer".

(3.) The essentials of the claim are stated to be a film which has a core PVC layer, a metallized layer and the third polymeric layer ranging from 0-250 microns. The film is thermoformable and translucent. The invention is stated to be well suited for the food and pharmaceutical industry as it protects the same. The plaintiff is supplying this film for packing of medicines.