DURA-LINE INDIA PVT LTD vs JAIN IRRIGATION SYSTEMS LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 19th May, 2025 + CS(COMM) 245/2017 & CC(COMM) 54/2017, I.A. 7004/2013 DURA-LINE INDIA PVT LTD .....Plaintiff Through: Mr. Neel Mason, Mr. Essenese Obhan, Mr. Siddharth Vardhman, Mr. Ankit Rastogi, Ms. Nandini Chowdhry and Mr. Shivam Issar, Advocates. versus JAIN IRRIGATION SYSTEMS LTD. .....Defendant Through: Mr. J. Sai Deepak, Mr. Mahua Roy Choudhary, Mr. R. Abhishek and Mr. Avinash Sharma, Advocates. CORAM: HON’BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J.: 1. This lawsuit is based on claims of infringement of Indian Patent No. IN 1997221 and Design Registration No. 192665 both pertaining to a non- metallic pipe assembly embedded with a co-extruded tracer cable. The Plaintiff contended that the Defendant’s products replicate the essential features of its patented invention and protected design, thereby violating its statutory rights. The Defendant not only denies infringement but also assails the validity of the Suit Patent itself, citing lack of novelty, absence of 1 “the Suit Patent” Signature Not Verified Digitally Signed By:NITIN KAIN CS(COMM) 245/2017 & CC(COMM) 54/2017 Page 1 of 74 Signing Date:19.05.2025 20:45:05 inventive step, and insufficient disclosure under Section 64 of the Patents Act, 1970.2 The crucial question to be determined is whether the Plaintiff’s claimed invention constitutes a genuine technical advance meriting patent protection, or whether it amounts to no more than a routine and obvious refinement of pre-existing knowledge. The Controversy 2. Indian Patent No. IN 199722, relates to a pipe assembly designed to aid in traceability and leakage detection. The patented invention comprises a non-metallic pipe for transporting fluids, on whose outer surface a tracer cable is co-e