Kenvue Brands LLC and its Indian affiliate JNTL Consumer Health Pvt. Ltd. filed a patent infringement suit against RSPL Limited, alleging that the defendant's Pro-ease Go sanitary napkin variants infringe their patent IN 339964 valid until 2035 for Stayfree products, seeking permanent injunction and damages under the Patents Act 1970 after learning of the products in February 2025 with widespread sales by October 2025.
Procedurally, the court granted exemption from pre-institution mediation citing urgency for interim relief, allowed leave under Order II Rule 2 CPC to add claims and parties, registered the plaint as a suit, issued summons accepted by defendant, directed filing of written statement within 30 days with admission/denial affidavits, permitted additional documents, and accepted notice on the interim injunction application under Order XXXIX Rules 1 and 2 CPC. Plaintiffs submitted arguments on infringement supported by a technical expert affidavit mapping claims, while defendant countered with no prima facie infringement, balance of convenience in their favor due to investments, patent vulnerability to invalidity challenges for lack of novelty and inventive step, adoption of only public domain features, and doubts on the expert affidavit's genuineness as it was signed the same day as the plaint on December 12, 2025.
The court reasoned that the cause of action arose in February 2025 yet suit was filed late, and the same-day execution of plaint and expert affidavit raised serious authenticity doubts on infringement claims, thus requiring further consideration after defendant's reply rather than granting immediate ad-interim relief, directing reply within three weeks, rejoinder within one week, and listing the application for hearing on January 19, 2026.
Law Point:
An expert affidavit signed and executed on the same date as the plaint raises serious doubts about its authenticity and the averments therein for establishing patent infringement, warranting opportunity for defendant to file reply before considering ad-interim injunction (Para 21).
Case Title: Kenvue Brands LLC Vs RSPL Limited:22.12.2025:CS(COMM) 1363/2025:Hon'ble Mr. Justice Tejas Karia
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