AGC FLAT GLASS EUROPE SA Vs. ANAND MAHAJAN

JUDGEMENT

(1.) The plaintiff has filed I.A. No. 13519/2007 under Sec. 57 and 58 of the Patent's Act, 1970 read with Section 151 of the Civil Procedure Code, 1908 for an amendment in Claim 1 of its specifications. The present suit has been filed by the plaintiff for permanent injunction restraining infringement of Indian patent No. 190380, rendition of accounts, delivery up and damages.

(2.) The brief facts of the case are that the plaintiff claims to be a global leader of glass and mirror technologies. The plaintiff invented a product called "Mirox New Generation Ecological Mirrors' (hereinafter referred to as "MNGE'), which is a mirror without a copper or lead layer, is obtained through an environmentally friendly process and is available at the traditional selling price. The said invention of the plaintiff is patented under Indian Patent No. 190380 being "a mirror with no copper layer and process for manufacturing the same."

(3.) The claims of the plaintiff's above-mentioned registered patent read as under: