S. RAM KUMAR Vs. MICROMAX INFORMATICS LIMITED

JUDGEMENT

(1.) THIS is an appeal against the order dated 05 -05 -2009 passed by District Judge, Gurgaon, vide which, an application under Order 39 Rules 1 and 2 read with Section 151 CPC filed by the respondent -plaintiff was allowed.

(2.) BRIEF facts, in short, are that as per the appellant -defendant, they conceived of a technology, whereby, Subscriber Identity Module (here -in - after referred to as 'SIM') could work at the same time in a mobile phone. Prior to 2000, there was no Dual SIM technology. The Dual SIM technology began with -

(3.) THE appellant -defendant, thereafter, filed for a patent for these technologies along with other mobile phone related innovative technologies in the year 2002. The appellant -defendant was assigned Patent No. 214388 dated 04 -03 -2002 as effective from the date of application in respect of technologies including plurality of SIM cards as well as plurality of blue tooth devices which work simultaneously. On account of the appellant -defendant being a registered owner of the aforesaid patent, he, by virtue of the provisions of Section 48 of the Indian Patents Act, 1970 has the legal and statutory right to prevent third parties, who do not have his consent, from making, using, offering for sale, selling or importing for those purposes, that product in India, for which he is a registered owner. In order to give effect to the patentee's right to prevent the infringing import of a patented product or a product made through patented process, the Government of India, Ministry of Finance, Department of Revenue, in exercise of the powers conferred by Sub -section (1) of Section 156 read with Clauses (n) and (u) of Sub -section (2) of Section 11 of the Customs Act, 1962 has made Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.