Saint-Gobain Glass France Vs Harsha Exito Engineering (P) Ltd.

DATE OF JUDGEMENT: 22.06.2022
CASE NO: Civil Suit(Comm.Div) No.409 of 2019
CASE TITLE: Saint-Gobain Glass France Vs Harsha Exito Engineering (P) Ltd.
NAME OF HON'BLE COURT: High Court of Judicature at Madras
NAME OF HON'BLE JUDGE: The Honourable Justice Shree Senthilkumar Ramamoorthy

Brief Note on the case: 1. Suit for infringement of Patent under No.305596 in relation to the system and method of installing glass panel was filed against the Defendant . Para 2

2. The patent application was filed on 25.03.2015 and the Suit Patent was granted on 11.01.2019. The patent application was the subject matter of a pre-grant opposition under Section 25(1) of the Act and it is pertinent to note that the Suit Patent passed the twin tests of examination and pre-grant opposition. Ultimately, the Suit Patent was granted on 11.01.2019.Hencde Plaintiff was observed to be owner of Subject matter Patent. Para 7

3.The Court also observed that a suit for infringement shall not be filed until the patent is granted and, secondly, such suit shall not be filed in respect of acts of infringement committed before the date of publication of the application. Para 8

4.The Defendant stated that: TRIL awarded the contract on
07.02.2017, the clamps were procured on 05.04.2017 and the work of
installation of the glass panels was carried out between 20.04.2017 and
20.06.2017. All these activities are subsequent to the publication date.
Hence, the second condition is duly satisfied and, therefore, the action for
infringement is maintainable. Para 8.

5.The Plaintiff adduced evidence of infringement of its claims by the
Defendant. The Defendant did not lead any evidence to the contrary. Hence Defendant was held to be guilty of infringement of Patent Para 10,11

Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539