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.