BHARAT BHOGILAL PATEL vs CREATIVE SURGICALS MFG CO

2017. ----- CORAM​ ​ : ARIF S. DOCTOR, J. RESERVED ON​ : 21st APRIL 2026 PRONOUNCED ON : 7th MAY 2026 P.C. 1.​ All the captioned Suits have been filed for infringement of two Patents which were granted to the Plaintiff vide Orders dated 14th August 2003 and 27th October 2003 respectively. The first patent is titled 'Improved laser marking and engraving machine', and the other, 'Process of manufacturing engraved design articles on metals or non-metals' (“the said patents”). 2.​ Briefly stated, it is the common stand of the Defendants in all the captioned Suits that the Plaintiff did not have locus and/or any cause of action for filing the said Suits since the above-mentioned patents had been revoked on the date when the captioned Suits were filed. It is thus the case of the Defendants that a Suit for infringement of the said patents would not be maintainable. Accordingly, the Defendants in the captioned Suits have filed the Notice of Motion No. 1604 of 2019, Notice of Motion No. 1602 2 Meera Jadhav 6-NMCD-1604-2019 of 2019 and Notice of Motion No. 1593 of 2019 under the provisions of Order XIII-A of the Civil Procedure Code, 1908 ('CPC'), seeking summary dismissal of the Suit. The D