Facts:

• Shogun Organics Ltd. (Plaintiff) was a company engaged in the research, manufacture, and sale of mosquito repellents. They filed a patent application in 2007 and were granted the same in 2009.
• Manaksia Ltd. (Defendant No. 4), one of the Defendants, had filed the pre-grant opposition against the Plaintiff's patent application. This Defendant was granted registration under Section 9(4) of the Insecticides Act for indigenously manufacturing D-trans Allethrin. This Defendant then transferred its license to the other Defendants, allowing them to use the same license registration for manufacturing D-trans Allethrin.
• In 2013, they filed a post-grant opposition which led to the revocation of the Plaintiff's patent.In 2014, the Intellectual Property Appellate Board (IPAB) set aside the patent office's decision, restoring the validity of the patent.
• Following the grant of the patent, the Plaintiff conducted investigations and found that the Defendants were selling D-trans Allethrin in India using the Plaintiff's patented process. Based on these findings, the Plaintiff filed a suit seeking a permanent injunction to restrain the Defendants from infringing their patent and also claimed damages for the losses incurred.
  

Main Issues:

1. Whether the Plaintiff‟s patent was pre-published and lacked novelty in view of the CIB Registration No. CIR-25,228/97/D-trans Allethrin (TECH) granted to the Plaintiff?
2. Whether the Defendants infringed the Plaintiff‟s registered patent?