On May 8, 2024, in the case of Guala Closures
Spa
("plaintiff")
and Agi Greenpac Limited
("defendant"),
the single Judge of the Delhi High Court rejected the
plaintiff's application for an interim injunction alleging
infringement of the plaintiff's patent on the grounds that the
defendant's product/closure does not fall within the scope of
the claims of the plaintiff's patent. The plaintiff had failed
to meet the triple test for the grant of injunction, and the
balance of convenience strongly favoured the defendant.
Facts and Submissions
The plaintiff claimed to be a multinational company engaged in
the manufacture of closures for spirits, wines, mineral water
beverages, olive oil, etc. The plaintiff filed a suit in relation
to its grant of patent No. IN'522, titled 'Tamper-
Evident Closure with Tear Off Seal", granted on 19th
October 2020 in India ("Patent"). The plaintiffs patented
its products globally and have had a considerable presence in India
since
