FREE access to all copyright case briefs
Sign up now !
J. Mitra & Co. Pvt. Ltd. v Kesar Medicaments and Anr.
[2008 (102) DRJ 106, 148 (2008) DLT 198, 2008 (36) PTC 568]
Coram: Hon’ble Mr. Justice Sanjay Kishan Kaul
Forum: Hon’ble Delhi High Court
Case No.: IA.No.11883 of 2006 in CS(OS) No.2020 of 2006
Date of Decision: February 22, 2008.
Conclusion
right-arrow

Facts:

  • The J. Mitra & Co. Pvt. Ltd. (Plaintiff), a Private Limited Company engaged in the manufacture and sale of diagnostic kits, "a device for detection of antibodies to Hepatitis C Virus (HCV) in human serum and plasma."
  • Kesar Medicaments Defendant , had been manufacturing and marketing its Hepatitis C Virus Detection Kit since December 2000. Defendant No. 2 claimed that the kits were manufactured according to specifications from Accudx, USA, which were in the public domain.
  • The Plaintiff sought a temporary injunction against the Defendants, restraining them from infringing Patent No. 194638 dated 22nd September 2006, in a suit for permanent injunction, rendition of accounts, and damages.


Main Issue:

Whether the grant of a patent gives rise to a presumption of the validity of a patent?

Go Top
right-arrow