J MITRA CO PVT LTD Vs. KESAR MEDICAMENTS

JUDGEMENT

(1.) THE present matter is concerned with a claim of infringement of the patent of the plaintiff in respect of "a device for detection of antibodies to hepatkis C Virus (for short, HCV) in human serum and plasma". The early detection of HCV is stated to be critical as there is no vaccine for the same.

(2.) THE plaintiff is stated to be a Private Limited Company engaged in the manufacture and sale of diagnostic kits and is also stated to be a holder of various patents, designs and trademarks in respect of its products. The plaintiff's application (LA. No. 11883 of 2006) under Order 39, Rules 1 and 2 and Section 151 of the Civil Procedure Code (hereinafter referred to as the 'said Code') is for the issuance of a temporary injunction restraining the defendants from infringing the plaintiffs Patent No. 194638 dated 22nd September, 2006 in a suit for permanent injunction, rendition of accounts and damages.

(3.) THE plaintiff further claims to be a pioneer company enjoying a major market share and a constant innovator in technological breakthroughs in the field of diagnostic devices in India. It is stated that the plaintiff had established an in-house Research and Development Department in 1987 which is duly registered and approved by the Department of Scientific and industrial Research, Ministry of Science and Technology, Government of india.