BHARAT BHOGILAL PATEL vs CREATIVE SURGICALS MFG CO

Judgment text excerpt

Digitally signed by MEERA MEERA MAHESH 6-NMCD-1604-2019 MAHESH JADHAV JADHAV Date: 2026.05.09 12:38:34 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION CD NO. 820 OF 2018 WITH NOTICE OF MOTION CD NO. 1604 OF 2019 IN COMMERCIAL IP SUIT NO. 359 OF 2017 M/s. TVS Electronics Ltd. ​ ​ ​ ​ ​ ​ … Applicant In the matter between: Bharat Bhogilal Patel ​ ​ ​ ​ ​ ​ ​ …Plaintiff Versus M/s. TVS Electronics Ltd. ​ ​ ​ ​ ​ ​ …Defendant AND NOTICE OF MOTION CD NO. 1602 OF 2019 WITH NOTICE OF MOTION CD NO. 1593 OF 2019 IN COMMERCIAL IP SUIT NO. 927 OF 2018 Kalelkar Surgicals Pvt. Ltd. ​ ​ ​ ​ ​ ​ … Applicant In the matter between: Bharat Bhogilal Patel ​ ​ ​ ​ ​ ​ ​ …Plaintiff Versus Kalelkar Surgicals Pvt. Ltd. ​ ​ ​ ​ ​ ​ …Defendant ----- Mr. Bhuvan Singh a/w. Jinal Shah a/w. Shweta Rathod i/b. Elixir Legal Services for the Plaintiff. 1 Meera Jadhav 6-NMCD-1604-2019 Mr. H.W. Kane a/w. Mr. Kanak Kadam i/b. W.S. Kane & Co. for Defendants. Mr. Vinit Jain a/w. Mr. Gaurav Mhatre & Mr. Ashok Varma for Defendant No. 2 in COMIP/359/2017. ----- 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Plaintiff did not have locus and/or any cause of action for filing the said Suits since the above-mentioned patents had been revoked on the date