I’ve been informed that Justice Sanjay Kishen Kaul (of the Bilcare fame) has reserved judgment in a very interesting patent matter involving a patented diagnostic testing kit for Hepatitus C. For those interested, the case is J Mitra vs Span Diagnostics. The facts briefly are as follows:
J Mitra applied for patent. Pregrant filed by Span, is decided in favour of J Mitra. Upon the grant of patent, J Mitra sues Span for infringement and asks for temporary injunction. Span counterclaims invalidity and also takes up the Gilette defense. Justice Kaul reserves judgment. And it is expected anytime this month.
Of course, this case hasn’t found any media attention yet, since it does not involve an MNC!! For those of us who are more interested in the jurisprudential aspects of patents than the emotional rhetoric around patents and the bad MNC’s that have come to exploit us, this will prove to be an interesting judgment.