Bharat Bhogilal Patel vs. Photon Technologies

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO. 141 OF 2014 Bharat Bhogilal Patel … Plaintiff vs. Allflex India Private Limited … Defendant WITH COMMERCIAL IP SUIT NO. 177 OF 2018 WITH COMMERCIAL IP SUIT NO. 865 OF 2018 WITH COMMERCIAL IP SUIT NO. 297 OF 2018 WITH COMMERCIAL IP SUIT NO. 153 OF 2018 WITH COUNTER CLAIM NO. 12 OF 2019 IN COMMERCIAL IP SUIT NO. 153 OF 2018 WITH COMMERCIAL IP SUIT NO. 178 OF 2018 WITH COMMERCIAL IP SUIT NO. 137 OF 2018 WITH NOTICE OF MOTION NO. 956 OF 2018 WITH COUNTER CLAIM NO. 13 OF 2019 IN COMMERCIAL IP SUIT NO. 137 OF 2018 WITH COMMERCIAL IP SUIT NO. 485 OF 2018 WITH COUNTER CLAIM NO. 2 OF 2019 WITH IN PERSON APPLICATION NO. 54 OF 2018 IN COMMERCIAL IP SUIT NO. 485 OF 2018 WITH COMMERCIAL IP SUIT NO. 487 OF 2018 WITH COMMERCIAL IP SUIT NO. 348 OF 2017

NOTICE OF MOTION NO. 600 OF 2017 WITH NOTICE OF MOTION NO. 582 OF 2017 WITH

WITH

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NOTICE OF MOTION NO. 686 OF 2017 WITH COUNTER CLAIM NO. 1 OF 2019 IN COMMERCIAL IP SUIT NO. 348 OF 2017 WITH COMMERCIAL IP SUIT NO. 927 OF 2018 WITH NOTICE OF MOTION NO. 1602 OF 2019 IN COMMERCIAL IP SUIT NO. 927 OF 2018 WITH COMMERCIAL IP SUIT NO. 866 OF 2018 WITH SUIT NO. 501 OF 2016 WITH NOTICE OF MOTION NO. 262 OF 2017 IN SUIT NO. 501 OF 2016 WITH SUIT NO. 737 OF 2016 WITH COMMERCIAL IP SUIT NO. 1546 OF 2018 WITH NOTICE OF MOTION NO. 1408 OF 2019 IN COMMERCIAL IP SUIT NO. 1546 OF 2018 WITH COMMERCIAL IP SUIT NO. 1439 OF 2018 WITH COMMERCIAL IP SUIT NO. 577 OF 2019 WITH COMMERCIAL IP SUIT NO. 1428 OF 2018 WITH COMMERCIAL IP SUIT NO. 1156 OF 2018 WITH NOTICE OF MOTION NO. 1593 OF 2019 IN COMMERCIAL IP SUIT NO. 1156 OF 2018 WITH COMMERCIAL IP SUIT NO. 1559 OF 2018 WITH COMMERCIAL IP SUIT NO. 1193 OF 2018 WITH COMMERCIAL IP SUIT NO. 5 OF 2019 WITH COMMERCIAL IP SUIT NO. 36 OF 2019

WITH COMMERCIAL IP SUIT NO. 171 OF 2018 WITH COMMERCIAL IP SUIT NO. 74 OF 2018 WITH COMMERCIAL IP SUIT NO. 318 OF 2019 WITH COMMERCIAL IP SUIT NO. 43 OF 2019 WITH COMMERCIAL IP SUIT NO. 1421 OF 2018 WITH NOTICE OF MOTION NO. 1985 OF 2019 IN COMMERCIAL IP SUIT NO. 1421 OF 2018 WITH COMMERCIAL IP SUIT NO. 1442 OF 2018 WITH COMMERCIAL IP SUIT NO. 561 OF 2019 WITH COMMERCIAL IP SUIT NO. 48 OF 2019 WITH COMMERCIAL IP SUIT NO. 44 OF 2019 WITH COMMERCIAL IP SUIT NO. 583 OF 2019 WITH COMMERCIAL IP SUIT NO. 888 OF 2017 WITH COMMERCIAL IP SUIT NO. 892 OF 2017 WITH SUIT NO. 3293 OF 2010 WITH COMMERCIAL IP SUIT NO. 95 OF 2018 WITH IN PERSON APPLICATION NO. 228 OF 2017 IN COMMERCIAL IP SUIT NO. 95 OF 2018 WITH COMMERCIAL IP SUIT NO. 43 OF 2018 WITH IN PERSON APPLICATION NO. 232 OF 2017 IN COMMERCIAL IP SUIT NO. 43 OF 2018 WITH COMMERCIAL IP SUIT NO. 1129 OF 2018 WITH IN PERSON APPLICATION NO. 231 OF 2017

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COMMERCIAL IP SUIT NO. 1129 OF 2018 WITH COMMERCIAL SUIT NO. 316 OF 2018 WITH IN PERSON APPLICATION NO. 237 OF 2017 WITH NOTICE OF MOTION (LODGING) NO. 2118 OF 2018 IN COMMERCIAL SUIT NO. 316 OF 2018 WITH COMMERCIAL IP SUIT NO. 697 OF 2018 WITH IN PERSON APPLICATION NO. 236 OF 2017 IN COMMERCIAL IP SUIT NO. 697 OF 2018 WITH COMMERCIAL IP SUIT NO. 29 OF 2018 WITH IN PERSON APPLICATION NO. 238 OF 2017 IN COMMERCIAL IP SUIT NO. 29 OF 2018 WITH COMMERCIAL IP SUIT NO. 56 OF 2018 WITH IN PERSON APPLICATION NO. 239 OF 2017 IN COMMERCIAL IP SUIT NO. 56 OF 2018 WITH COMMERCIAL IP SUIT NO. 394 OF 2017 WITH IN PERSON APPLICATION NO. 97 OF 2016 WITH COUNTER CLAIM NO. 30 OF 2017 IN COMMERCIAL IP SUIT NO. 394 OF 2017 WITH COMMERCIAL IP SUIT NO. 423 OF 2017 WITH IN PERSON APPLICATION NO. 108 OF 2016 IN COMMERCIAL IP SUIT NO. 423 OF 2017 WITH COMMERCIAL IP SUIT NO. 353 OF 2017 WITH COUNTER CLAIM (LODGING) NO. 5 OF 2018 WITH IN PERSON APPLICATION NO. 110 OF 2016

IN

COMMERCIAL IP SUIT NO. 353 OF 2017 WITH COMMERCIAL IP SUIT NO. 356 OF 2017 WITH IN PERSON APPLICATION NO. 111 OF 2016 IN COMMERCIAL IP SUIT NO. 356 OF 2017 WITH COMMERCIAL IP SUIT NO. 355 OF 2017 WITH IN PERSON APPLICATION NO. 113 OF 2016 WITH COUNTER CLAIM NO. 34 OF 2017 WITH NOTICE OF MOTION NO. 1572 OF 2018 WITH NOTICE OF MOTION NO. 62 OF 2020 IN COMMERCIAL IP SUIT NO. 355 OF 2017 WITH COMMERCIAL IP SUIT NO. 352 OF 2017 WITH IN PERSON APPLICATION NO. 112 OF 2016 IN COMMERCIAL IP SUIT NO. 352 OF 2017 WITH COMMERCIAL SUIT NO. 411 OF 2017 WITH IN PERSON APPLICATION NO. 109 OF 2016 WITH COUNTER CLAIM NO. 35 OF 2017 IN COMMERCIAL SUIT NO. 411 OF 2017 WITH COMMERCIAL IP SUIT NO. 380 OF 2017 WITH IN PERSON APPLICATION NO. 114 OF 2016 IN COMMERCIAL IP SUIT NO. 380 OF 2017 WITH COMMERCIAL IP SUIT NO. 360 OF 2017 WITH IN PERSON APPLICATION NO. 120 OF 2016 WITH COUNTER CLAIM NO. 4 OF 2018 IN

COMMERCIAL IP SUIT NO. 360 OF 2017 WITH COMMERCIAL IP SUIT NO. 357 OF 2017 WITH IN PERSON APPLICATION NO. 119 OF 2016 IN COMMERCIAL IP SUIT NO. 357 OF 2017 WITH COMMERCIAL IP SUIT NO. 358 OF 2017 WITH COMMERCIAL IP SUIT NO. 370 OF 2017 WITH IN PERSON APPLICATION NO. 121 OF 2016 IN COMMERCIAL IP SUIT NO. 370 OF 2017 WITH COMMERCIAL IP SUIT NO. 354 OF 2017 WITH IN PERSON APPLICATION NO. 124 OF 2016 IN COMMERCIAL IP SUIT NO. 354 OF 2017 WITH COMMERCIAL IP SUIT NO. 235 OF 2017 WITH IN PERSON APPLICATION NO. 125 OF 2016 IN COMMERCIAL IP SUIT NO. 235 OF 2017 WITH COMMERCIAL IP SUIT NO. 382 OF 2017 WITH IN PERSON APPLICATION NO. 126 OF 2016 IN COMMERCIAL IP SUIT NO. 382 OF 2017 WITH COMMERCIAL SUIT NO. 351 OF 2017 WITH IN PERSON APPLICATION NO. 118 OF 2016 IN COMMERCIAL SUIT NO. 351 OF 2017 WITH COMMERCIAL IP SUIT NO. 350 OF 2017 WITH IN PERSON APPLICATION NO. 123 OF 2016 IN COMMERCIAL IP SUIT NO. 350 OF 2017 WITH COMMERCIAL IP SUIT NO. 234 OF 2017

WITH IN PERSON APPLICATION NO. 129 OF 2016 IN COMMERCIAL IP SUIT NO. 234 OF 2017 WITH COMMERCIAL IP SUIT NO. 359 OF 2017 WITH IN PERSON APPLICATION NO. 127 OF 2016 WITH NOTICE OF MOTION NO. 820 OF 2018 WITH NOTICE OF MOTION NO. 1604 OF 2019 IN COMMERCIAL IP SUIT NO. 359 OF 2017 WITH COMMERCIAL IP SUIT NO. 379 OF 2017 WITH IN PERSON APPLICATION NO. 130 OF 2016 IN COMMERCIAL IP SUIT NO. 379 OF 2017 WITH COMMERCIAL IP SUIT NO. 424 OF 2017 WITH IN PERSON APPLICATION NO. 131 OF 2016 IN COMMERCIAL IP SUIT NO. 424 OF 2017 WITH COMMERCIAL IP SUIT NO. 416 OF 2017 WITH COMMERCIAL IP SUIT NO. 381 OF 2017 WITH IN PERSON APPLICATION NO. 6 OF 2017 IN COMMERCIAL IP SUIT NO. 381 OF 2017

Mr.Ketan Parekh i/b K.R.Parekh & Co for Plaintiffs in all matters.

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Ms. Suvarna Joshi for defendant in COMIPNO.234/2017.

Ms. Rinku Gajaria i/b Gajria & Co. For defendant in COMIPNO.424/2017.

Ms. Niharika Singh i/b Nirav Shah for defendant Nos.1, 2 and 4 in COMIPNO.354 of 2017.

Mr.S. Jaidev i/b Sanjay Udeshi & co for defendant in COMIPNO.48/2019.

Mr.Minesh Andharia, Mr.Jay Shah and Mr.Hardik Sampat i/b. Krishna and

Mr.Faiza Shaikh a/w Ms. Payal Upadhay i/b ANP Chambers for defendant in COMIPNO.141/2014 Mr.Atmaram Patade a/w Mr.Mohini Thorat and Ms.Suraj Naik i/b Atmaram Patade for defendant in COMIPNO.43/2019 Mr.Vivek P Daswaney for defendant No.1 in COMIPNO.360/2017.

Saurastri Associates LLP for defendant in COMIPNO.137/2018 and for claimant in CC No.13/2019.

Mr. Noel Thomas i/b Legasis Partners for Defendant No.1 in COMIPNO.177/2018, defendant Nos.1 and 2 in COMIPNO.178/2018, defendant Nos.1 to 8 in COMIPNO.487/2018, Defendant Nos.1 to 3 in COMIPNO.171/2018, Defendant No.1 in COMIPNO.892/2017,defendant No.1 in COMIPNo.43 and 95/2018,for defendant in COMIPNO.1129/2018,defendant Nos.1 to 4 in COMIPNO.697/2018, defendant Nos.1 to 2 in COMIPNO.351/2017 and defendant Nos.1 to 3 in COMIP No.350/2017.

Mr. Yash Pitroda i/b I.V.Merchant & Co. For defendant in COMIPNO.394 and 411/2017.

Mr.Shashwat Rai i/b Keystone Partners for defendant in COMIPNO.316/2018. Mr.Meet Sampat i/b Little & Co. For defendant in COMIPNO.1193/2018.

Mr.Himanshu Kane i/b W.S.Kane & Co. for defendant in COMIPNO.359/2017, COMIPNO.927 and 1156/2018 AND COMIPNO.577/2019 and for Applicants in NMCDNO.1602/2019, NMCD NO.1593/2019, NMCDNO.1604/2019 and NMCDNO.820/2018.

Ms.Arushi Kaulaskar i/b Krishnamurthy & Co. for defendants in COMIPNO.44 of 2019.

Mr.Piyush Shah for defendants in COMIPNO.381/2017.

Mr.Janaksinh Jhala i/b Khaitan and co for defendant in Suit No.501/2016 with NMS/262/2017,COMIPNO.56/2018 and for Counter claimant in CC/12/2019 and for defendant in COMIPNO.153/2018.

Ms. Krusha Maheshwari i/b Nilesh Parekh for defendants in COMIPNO.348/2017, COMIPNO.485/2018 and COMIPNO.865/2019.

Mr. Rutwik Rao for defendant in COMIPNO.561/2019.

Mr.Dormaan J. Dalal for defendant in COMIPNO.355/2017 AND CLAIMANT IN CC/34/2017 and Applicant in NMCDNO.62/2020 with NMCDNO.1572/2018.

Mr.Akilesh Menezes for defendant in COMIPNO.1442/2018.

Mr.Dilip Jadeja i/b Abhijeet Desai for defendant Nos.1 and 3 in COMIP No.416/2017.

CORAM : MANISH PITALE, J. DATE : FEBRUARY 15, 2023

P.C. :

. Today, as many as 66 suits are listed for directions before this Court.

2. At the outset, learned counsel appearing for the defendants in some of the suits submit that applications / notices of motion are already filed under Order 13-A of the Code of Civil Procedure, 1908 (CPC), applicable to commercial courts, for summary judgement in the suits, on the ground that when the suits were filed, the patent was already revoked and that therefore, there was no cause of action for pursuing the said suits.

3. Learned counsel appearing for the plaintiffs seeks short adjournment to file reply affidavits in the said applications / notices of motion.

4. This Court is informed that a report was supposed to be prepared and submitted by the office to give details of the stages of all the suits. The report does not appear to be on record.

5. In the light of the above, in all the suits, the plaintiffs are granted time of three weeks to file reply affidavits. Rejoinder affidavits, if any, be filed within two weeks thereafter.

6. List the said suits along with report 'for directions' on 31.03.2023.

7. As regards the other suits viz. NMCD No.1602 of 2019 in COMIP No.927 of 2018; NMCD No.1593 of 2019 in COMIP No.1156 of 2018; NMCD Nos.1604 of 2019 with 820 of 2018 in COMIP No.359 of 2017; and NMCD Nos.62 of 2020 with 1572 of 2018 in COMIP No.355 of 2017, listed today, the office is directed to prepare a detailed report about the various stages at which the said suits are pending and to submit a report to this Court within four weeks from today.

8. List the said applications / notices of motion (as mentioned in para 7) for further consideration on 24.03.2023, H.O.B.

9. It is also mentioned by the counsel appearing for respective defendants that COMIP No.887 of 2017 and COMIP No.606 of 2019 relating to the subject matter of these suits, are not on Board today.

10. In view thereof, Registry is directed to list COMIP No.887 of 2017 and COMIP No.606 of 2019 on 31.03.2023 'for directions'.

(MANISH PITALE, J.)