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24.08.2022
COMS No. 18 of 2022
Hon'ble High Court of Himachal Pradesh
Vivek Singh Thakur
Janssen Pharma Vs MSN Laboratory
The subject matter suit for infringement of Patent was filed by the Plaintiff against the Defendant No.1 for infringement of Indian Patent under No.232231 dated 30.07.2024.
It was claimed that Plaintiff No.1 and 3 were exclusive licensee of proforma Defendant No.2. The suit was filed against the Defendant No.1, as according to the expert report filed by the Plaintiff, the products of the Defendant No.1 were infringing the registered Indian Patent of the Plaintiffs.
The Defendant No.1 made reference to Section 107 of the Patent Act 1970 and relied upon all the grounds which were available seeking revocation of the Patent.
The Defendant No.1 also alleged that the present suit is misconceived as the Plaintiffs are not the owner of the subject matter Patent and that the same are merely licensee.
However the ex parte injunction was granted as the subject matter Patent has remained unchallenged for almost 18 years after its grant and that the same was sufficiently old.
More over neither any objection was raised under Section 13(4) of the Patent Act 1970 at the examination stage nor any objection under Section 25 of the Indian Patent Act 1970.
As the patented product remained commercially successful for sufficiently long time, the Hon'ble High Court of Himachal Pradesh was pleased to grant ex parte injunction in favour of the Plaintiffs.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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