R/APPEAL NO. 38 of 2019
Patent Applicant/ Plaintiff: Agarwal
Deokinandan Gopiram
Respondent/Defendant: Jagdamba Textiles Pvt
Ltd.
Decision on: February 25, 2019
Background: Applicant applied for patent in
year 2005, Patent no. (2135483) granted on July 06, 2009. Patent is
for a machine used for fabric dyeing.
Proceedings under Additional district judge:
Patent Applicant filed a case against unauthorized use of patent to
which respondent tried to distinguish the working of 2 machines.
The additional judge ruled in favor of the respondent. To which
applicant filed an appeal in Ahmedabad high court.
Appeal: Applicant stated that the invention is
exclusively associated with them and being in the same trade,
Respondent shall no doubt be well aware of the invention of the
said machine and yet they have copied the invention. Therefore, a
legal notice was served upon the respondents to cease and desist
from using the said patented machine. Applicant also added
