ACME TELE POWER LTD Vs. SINTEX INDUSTRIES LTD

JUDGEMENT

(1.) THIS is another suit filed by same plaintiff (against different set of defendants), transferred to this Court from court of District Judge, Udham Singh Nagar, under Section 104 of Patents Act, 1970, after the counterclaim along revocation was filed by the defendants in the suit. (Earlier suit No. 1 of 2008, filed by the plaintiff was transferred to this Court, against Lamda eastern Telecommunication Ltd. with different story of infringement of same products. Reference-Acme Tele Power Ltd. v. Lamda Eastern Telecommunication Ltd. 2008 (1) Uttaranchal Decisions 467.)

(2.) HEARD learned counsel for the parties at length on the application (6-C) moved under Order XXXIIX, Rules 1 and 2 read with Section 151 of Code of Civil Procedure, 1908, by plaintiff, and objections/reply 21-C and 22-C, filed on behalf of defendants no. 1 and 2 thereto.

(3.) BRIEF facts of the case, as alleged in the plaint are that plaintiff-Acme Tele Power limited has its registered office in Gurgaon and its factory is located in SIDCUL, pantnagar (Uttarakhand ). It is pleaded that plaintiff manufactures products known as "green Shelter" and "compact Power interface Unit" at its factory within the territory of State of Uttarakhand. The two products are purchased by and used in Telecom industry for efficient management of the temperature for telecom equipment at telecom towers. Defendants No. 1 is a company running business of manufacturing and supplying Sintex BTS Shelters (using therein integrated Power Unit), and defendant No. 2 is a partnership firm manufacturing and selling Integrated Power Unit, allegedly by infringing the plaintiffs intellectual property rights. It is further pleaded in the plaint that plaintiff is committed to constant innovation and has spent huge capital and labour in inventing its products. The two products of the plaintiff namely Green Shelters and compact Power Interface Units were the result of extensive research and development, as such, the application was moved by the plaintiff for getting registered the patent. Consequently, the authority concerned granted registration of patent No. 197086 on 11-8-2006. for Power Interface Unit and no. 197108 on 8-9-2006. for Cuboidal shaped green shelter. By virtue of ownership of the above patents, plaintiff has right to prevent all other persons from making, using, selling, offering to sell or importing the two products. It is alleged that the defendants are infringing the valuable intellectual property rights of the plaintiff by manufacturing, using copy righted works of plaintiff, and selling the same in the market. With these pleadings, plaintiff instituted suit for permanent injunction. And this application for temporary injunction is filed in the suit.