ACME TELE POWER LIMITED Vs. SINTEX INDUSTRIES LIMITED

JUDGEMENT

(1.) ORDER on Application (under ORDER XXXIX Rules 1 and 2 read with Section 151 C. P. C. This is another suit filed by same plaintiff (against different set of defend ants), transferred to this Court from court of District Judge, Udham Singh Nagar, under Section 104 of Patents Act, 1970, after the counter claim 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 Tel ecommunication Ltd. , with different story of infringement of same products. Reference -Acme Tele Power Ltd. Vs. Lamda Eastern Telecommunication Ltd. 2008 (1) Uttaranchal Decisions Pg. 467 ).

(2.) HEARD learned counsel for the parties at length on the application (6 -C) in Owned under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908, by plaintiff, *nd objections/reply 2 ! -C and 22 i. e. , filed on behalf of defendants No. 1 and 2 thereto.

(3.) IN his written statement defend ant No. 2 has also raised objection as to territorial jurisdiction of the court. It is pleaded by said defendant that no cause of action has arisen to the plaintiff against the answering defendant. It is further pleaded that the plaintiff has not come to the court with clean hands and as such not entitled to the relief claimed. It is stated in the written state ment that there is material concealment of fact that Sintex has challenged the patents of plaintiff before the authorities concerned and the said matter is pend ing for disposal. Defendant No. 2 has further pleaded that products, which were got patented by the plaintiff, are not inventions. Phase Change Material (PCM), Power INterface Unit (PIU) and Green Shelter, are not inventions. PCM are products, known to the world for sev eral years and are being used for main tenance of temperature with or without use of air conditioners and can be con sidered environment friendly. IN fact petitioner was earlier purchasing PCM products from Australian manufacturer TEAP Energy Ltd. Similarly, PIU is a product where various electronic and electrical products like, Servo Stabilizer, Isolation Transformer, Alarm Panel etc. are to be in a Panel Board. Such de vices are also available in the market. Some assembles of PIU are known as. INtegrated Power Unit (IPU), Power Man agement Systems (PMS) etc. As such, the defendants are not barred from manufacturing and selling the same. Denying the copy rights of the designs chained by the plaintiff, it is pleaded that the plaintiffs design is nothing but workshop modification of the existing products. Denying that defendant No. 2 had any access to website or has downloaded any information at Pantnagar, it is stated that this Court has no jurisdiction to try the suit. Challeng ing the experts report, relied by the plain tiff, it is pleaded that no intellectual property right of the plaintiff is being violated by the defendants. It is further stated that if the plaintiff is granted in junction, it would cause enormous loss to the defendants, while plaintiff can be compensated in terms of money. It is fur ther pleaded that since patents in ques tion are challenged before the authority and the counter clarion is pending in this suit, as such no injunction can be granted, and the suit is liable to be dis missed.