VITTAL MALLYA SCIENTIFIC RESEARCH FOUNDATION Vs. INDFRAG LIMITED

JUDGEMENT

(1.) A.No,2114 of 2009 is filed seeking for a direction to give supplementary instruction to IIT, Madras to examine whether the manufacturing process disclosed by the respondent pursuant to the direction, dated 21.11.2007 of this Court is genuinely different from that of the applicants process in any manner or it is just a superficial obvious alteration resulting in commercially viable Double metal salt of HCA for the process adopted for certificate of analysis for batch No.GCPP 08009 EOU sold to Ju Yeong NS Co. Ltd. Pursuant to latter's purchase order No.P1 16.10.2008 enclosed with the affidavit D.No.10016/09 has been manufactured using any other process other than the one the patented process of the applicant vide Patent Nos.182487, 182488, 182489, 182490, 182810 and/or 183849. A.No,2115 of 2009 is filed seeking for a direction to give supplementary instruction to IIT, Madras to examine whether the sample enclosed and certificate of analysis batch No.GCPP 08009 EOU sold to Ju Yeong NS Co. Ltd. pursuant to latter's purchase order No.P1 16.10.2008 enclosed with the affidavit D.No.10016/09 and the sample submitted by the respondent to IIT, Madras, pursuant to the direction dated 21.11.2007 as modified are Double Metal salt of Hydroxy citric acid. A.No,2116 of 2009 is filed seeking for a direction to respondent to produce all note books containing experiments/batch sheets detailing the raw materials used, process adopted for making the product, yields of all samples submitted to IIT, Madras to give its opinion for the sample already submitted to IIT, Madras by the respondent pursuant to the direction, dated 21.11.2007 of this court for the consignment covered by Certificate of Analysis for batch No.GCPP 08009 EOU sold to Ju Yeong NS Co. Ltd. pursuant to latter's purchase order No.P1 16.10.2008 and sample enclosed along with the affidavit.) Heard both sides. These three applications were filed by the applicant/plaintiff.

(2.) THE applicant has filed a suit in C.S.No,651 of 2005 for various reliefs including permanent injunction restraining the defendant from using the soluble double metal salt of HCA in violation of the plaintiff's process Patent Nos.182487, the anti obesity beverages in market in violation of the plaintiff's process patent No.182488, the soluble double metal salt of HCA in market in violation of the plaintiff's process patent Nos.182489, 182490, 182810 and 183849 and the US product patent Nos.6160172 and 6395296 B1 and for further reliefs of delivery to the plaintiff for destruction all offending materials, stocks, booklets and other materials including raw material, inputs, work in progress finished goods manufactured by the defendants in violation of plaintiff's process patents for double metal salt of HCA and also for a direction to defendant to render true account of profits made by them on sale of double metal salt of HCA.

(3.) IN the meanwhile, the applicant took out these three applications. A.No,2114 of 2009 is filed seeking for a direction to give supplementary instruction to IIT, Madras to examine whether the manufacturing process disclosed by the respondent pursuant to the direction, dated 21.11.2007 of this Court is genuinely different from that of the applicants process in any manner or it is just a superficial obvious alteration resulting in commercially viable Double metal salt of HCA for the process adopted for certificate of analysis for batch No.GCPP 08009 EOU sold to Ju Yeong NS Co. Ltd. Pursuant to latter's purchase order No.P1 16.10.2008 enclosed with the affidavit D.No.10016/09 has been manufactured using any other process other than the one the patented process of the applicant vide Patent Nos.182487, 182488, 182489, 182490, 182810 and/or 183849.