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Ravi Kamal Bali Vs Kala Tech And Ors

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Ravi Kamal Bali vs. Kala Tech and Ors.

Patent litigation is the product of constructing and interpreting claims which decide the boundaries of any invention. The construction of claims is the centre of infringement proceedings. For determining claims of infringement, the courts approach is of literal interpretation. This approach led to circumvention of the interpreters by making small and superficial changes in the inventions. The inclination to literalism has made the courts move towards more meaningful approach of interpretation of claims for more effective protection of patent rights. The U.K. judiciary moved towards purposive reading of the claims from its common law heritage. Whereas the United States judiciary developed a doctrine …show more content…

172675.
Later on further research, the plaintiff improved his invention and therefore applied for a patent for invention titled “An improved tamper proof seal for directly locking the container having a lock ring”. The patent of addition was issued on 12.3.1988 under Patent No. 178879. The products of the plaintiff were sold under the trademark “TECH LOCK”. The plaintiff alleged that he came under across a similar product bearing the name “SEAL TECH” which had similar constructional and functional features to that of the plaintiff’s products. On investigation the plaintiff found that the similar product was being manufactured and sold by Defendant No. 1 with assistance of Defendant No.3 , who had worked earlier with the plaintiff from 1992 till 2002.

Issue:
The main issue in this case is whether the defendants from making of, using, selling or distributing tamper proof locks/ seals that fell within the scope of plaintiff’s invention?

Rule:
The main rules have been used in this case are as follows:
Section 2(1) (j), (ja), (m), (o), (q) of the Patents Act,1970.
Section 54, 55 and 56 of the Patents Act,1970.

Contentions:

The contention of the plaintiff with regard to the infringement issue was the insistence to apply the Doctrine of Equivalents by which a device is set to infringe a claim if it “performs substantially the same function in the way to obtain the same result”. He submitted that it

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