Infringement of patent
Infringement of patent legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plaintiff had sought relief to the effect that defendant, be prohibited to sell "Clopidogrel" in addition to any other pharmaceutical ingredients/element or compound
Contention of the defendant was that the plaintiff had no cause of action, as the term of patent of the plaintiff had already expired and allegation of infringement of the patent levelled against the defendant was prima facie without any evidence
Validity
Suit became infructuous in the month of May, 2014
On the instruction of the plaintiff, counsel for the plaintiff stated that instructions had been taken from the plaintiff and since the term of the patent shall, in any case, expire by the end of May, 2014, therefore, suit itself shall be withdrawn
Suit had become infructuous and no purpose could be achieved by any of the parties by keeping this matter pending in court without any reason, therefore, the suit could not be kept pending and was required to be disposed of in pursuance of the 'concept of abatement'
Suit of the plaintiff was disposed of as having become infructuous along with applications.
"Infringement of patent", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124945693
Precedents & Case Laws citing "Infringement of patent"
1985 C L C 155
AEG TELEFUNKEN PAKISTAN Ltd.-Plaintiff Versus ELECTRIC CONCERN CORPORATION — Defendant
Court: ---Ss.29 & 31--Civil Procedure Code (V of 1908), O.XXXIX, rr.1 & 2--Suit for infringement of patent--Temporary injunction--Delay in suit --Plaintiff aware of infringement of patent in July, 1980--Suit for infringement filed in November, 1983--During such period defendant continued to import and sell product in open market--Delay, held, sufficient to disentitle 'plaintiff to claim relief by way of temporary injunction.--Delay.2016 C L D 1
MERCK SHARP & DOHME CORPORATION through Authorized Signatory — Appellant Versus FEROZSONS LABORATORIES LIMITED through Chief Executive/Director/Secretary/Manager/Principal Officer — Respondent
Court: Lahore1987 C L C 2062
Messrs KASHIF ENGINEERING WORKS‑‑Plaintiff Versus Messrs ASIF ENGINEERING WORKS‑‑Defendant
Court: Lahore1987 C L C 1571
SANDOZ LIMITED and another‑‑Plaintiffs Versus PAKISTAN PHARMACEUTICAL PRODUCTS LIMITED‑‑Defendant
Court: Karachi2016 C L D 2229
GETZ PHARMA (PVT.) LIMITED through Authorized Signatory — Plaintiff Versus SERVIER LABORATORIES (FRANCE) and another — Defendants
Court: Sindh1992 M L D 2226
SMITH KLINE & FRENCH LABORATORIES LTD and another‑‑‑Plaintiffs Versus FEROZSONS LABORATORIES LTD. and another‑‑‑Defendants
Court: KarachiP L D 1955 Sind 351
KARACHI TEXTILE WORKS‑Plaintiffs Versus MULTAN HANDLOOM FACTORY‑Defendants
Court:2014 C L D 1125
SANOFI-SYNTHELABO through Authorized Signatory — Plaintiff Versus ZAFA PHARMACEUTICAL LABORATORIES (PRIVATE) LIMITED through Chief Executive/ Director/Secretary/Principal Officer — Defendant
Court: SindhP L D 1981 Karachi 720
NOORUDDIN HUSSAIN AND ANOTHER‑Plaintiffs Versus DIAMOND VACUUM BOTTLE MANUFACTURING Co. LTD.,
Court: 5. 29 read with Civil Procedure Code (V of 1908), O. XXXIX, r. l. Patent‑Infringement‑Injunction‑Plaintiffs prima facie establishing commission of breach of contract by defendants‑Iujunction issued res?training defendants, their contractors and employees from using machine concerned for infringing plaintiff's patent.‑Injunction.2002 C L D 120
ATCO LAB. (PVT.) LIMITED‑‑‑Applicant Versus PFIZER LIMITED and others‑‑‑Respondents
Court: Karachi