Calcutta HC grants interim injunction in favour of NOCIL Limited in patent suit
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Calcutta High Court recently granted an interim injunction in favor of NOCIL Limited against Finorchem Ltd. The injunction relates to a suit concerning patent infringement of a chemical process developed by NOCIL. Justice Ravi Krishan Kapur observed that the balance of convenience favored NOCIL and that irreparable injury would result without the injunction. NOCIL holds process patents for manufacturing 4-Aminodiphenylamine, a chemical used in rubber applications.
Kolkata: The Calcutta High Court has granted an interim injunction in favour of rubber chemicals manufacturer NOCIL Limited, which is part of the Arvind Mafatlal Group, in its suit against Finorchem Ltd, concerning the manufacture of a chemical over which NOCIL holds process patents.Passing the injunction, Justice Ravi Krishan Kapur observed that NOCIL made out a strong prima facie case for grant of interim reliefs and that the balance of convenience was in its favour.
Justice Kapur noted that the suit, against Finorchem Ltd and an ex-employee of NOCIL, alleged patent infringement and breach of confidentiality.
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"The balance of convenience is in favour of the petitioner, and irreparable injury would be caused if interim protection is not granted," Justice Kapur observed in the order passed in October.
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By the interim application, the petitioner sought reliefs on the grounds of infringement of its process patents and restraint orders against the respondents misappropriating and misusing any of their confidential information or trade secrets.
NOCIL contended that around 2012, it developed a novel invention capable of industrial application comprising a unique process and method for manufacturing a chemical intermediate, the 4-Aminodiphenylamine (commonly known as 4-ADPA).
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The product 4-ADPA is a chemical composition used as an antioxidant for rubber and polymer applications and as an intermediate in the manufacture of other antioxidants.
NOCIL further contended that it has also improved the efficiency and other key features of 4-ADPA and that it has also registered its patents and earned exclusive rights to use and exploit the same.
On behalf of Finorchem, it was submitted that registration does not prima facie ensure validity of the suit patents under the Patents Act, 1970.
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