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Spicy Tidbit: Injunction granted in HCV TRI-DOT case


J Mitra’s company dealing with HCV-TRIDOT( a device for the detection of the Hepatitis C within 10-15 days) has been granted an injunction in its favour preventing Span Diagnostics from making or selling any diagnostic test which might infringe their patent.

The defendant (Span Diagnostics) and its agents are restrained from manufacturing, selling, offering for sale or in any manner dealing with the impugned product Signal HCV or any other product violative of the plaintiff’s (J Mitra’s) patent,” Justice Sanjay Kishan Kaul said.

The Assistant Controller of Patents and Designs upheld Mitra’s patent when it was opposed by Span Diagostics in September 2006. Span Diagnostics manufactures a similar product called Signal HCV.

The High Court has passed the judgement on a lawsuit filed by J Mitra against Surat-based Span Diagnostic seeking injunction against the manufacture of Signal HCV which, J Mitra alleged is a copied device its HCV TRI-DOT. J Mitra through its counsel Pratibha M Singh had submitted that the patent over HCV TRI-DOT, a device for detection of antibodies to Hepatitis C Virus, has been infringed by Span Diagnostic which copied its product.
It was submitted that all components of the plaintiff’s (J Mitra) test device HCV TRI-DOT form an integral part of defendant’s (Span Diagnostic) product Signal HCV, the suit said.

The full article can be found here. For a little more background check out an earlier post on Spicy IP here. Also for more perspective do check out Sandeep Rathod’s opinions here.

One comment.

  1. AvatarGenericIPguy

    Shamnad/ Yashasvini,

    You guys are all over the news papers. Especially, the Mint article on transparency 🙂

    Thanks for linking my post on Span/ Mitra. Just correct the link. Your link takes to my normal page.

    The link below takes to the specific post on Span/ Mitra:
    http://genericpharmaceuticals.blogspot.com/2008/02/india-patentee-gets-injunction-against.html

    Hey, can you check on the actual patent in question? I am not sure about the number I cited.

    There is a lot more to Nexium/ Esomeprazole, but being an interested party, I cannot comment. But trust me, this will be fun to watch 😉

    Regards,
    Sandeep.

    Reply

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