SHOGUN ORGANICS LTD. Vs. GAUR HARI GUCHHAIT

JUDGEMENT

(1.) The Plaintiff - Shogun Organics Limited, a company engaged in the research, manufacture and sale of mosquito repellents has filed the present suit seeking a permanent injunction restraining infringement of its Patent IN-236630 (IN'630). The patent relates to a "Process for manufacturing dtrans Allethrin," which is used as an active ingredient in mosquito repellents and other mosquito control products.

(2.) The claim of the Plaintiff is that it researched and developed a six-step process for synthesis of d-trans Allethrin, which is an insecticide. The explanation of the process is given in the specification and the claims. The patent was applied for on 10th May, 2007 and the date of grant was 13th November, 2009. A pre-grant opposition was filed by Defendant No.4 Manaksia Ltd., which was decided in favour of the Plaintiff and the patent was thereafter granted on 13th November, 2009. The grant was duly published on 20th November, 2009.

(3.) After grant of the patent, a post-grant opposition was filed by Defendant No.5, an Italy-based company named Endura SPA, and Defendant No. 4. On 26th June, 2013 the post-grant opposition was successful and the patent was revoked. On 18th August, 2014, the IPAB set aside the order of the patent office and restored the patent. Since then, the patent remains valid. The Defendants impleaded in the suit are M/s Solex Chemicals Pvt. Ltd. - Defendant No.2, and one of its Directors as Defendant No.1, Orachem Pvt. Ltd. - a trading partner of M/s Solex Chemicals Pvt. is Defendant No.3, Defendant No.4 - Manaksia Ltd. has made investments in M/s Solex Chemicals Pvt. Ltd. and Endura SPA has taken over the factory and the manufacturing facilities of Manaksia Ltd.