IP Case Digest · Patents

Crystal Crop Protection Limited v. Safex Chemicals India Limited And Ors., CS(COMM) 196/2024 & CC(COMM) 28/2024

Case number
CS(COMM) 196/2024
Date of judgment
Judge
Amit Bansal
Outcome
Injunction granted

Headnote

Interim injunction refused in a patent infringement suit over a weedicidal formulation. The Court took the prima facie view that the dyeing agent or pigment could not be treated as a non-essential element of the suit patent, the plaintiff having itself highlighted the advantages derived from its presence, so no prima facie case of infringement was made out. Having so found, it declined to examine validity, which the defendants had attacked by counterclaim, holding that at an interim stage the Court takes a prima facie view and is not required to resolve contested issues of fact, as that would convert the hearing into a mini-trial.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.