James Lee

OMS Patent Services

CTR Manufacturing Industries Ltd vs. Sergi Transformer Explosion

In a patent infringement case between CTR Manufacturing Industries Ltd and Sergi Transformer Explosion, the Bombay high court has passed an intrim order on 23rd October 2015, in favour of CTR Manufacturing Industries Ltd. In that order, Sergi Transformer Explosion is prevented to make, use, offering for sale or sell Sergi 3000 (one of its products) or any similar product which infringes patent of CTR.

Case History:

Chronology

14th December 2002: Sergi’s director Philippe Magnier obtained an Indian patent (Patent No: 189089) for an invention entitled “Method and Device for Preventing/Protecting Electrical Transformer Against Explosion and Fire” under the Patents Act.

16th November 2005: CTR filed an Indian patent application for an invention titled “A system and method for preventing and/or detecting explosion and/or fire of electrical transformers”.
Meantime: Philippe Magnier, who held Indian Patent No. 189089, filed a patent infringement action against CTR.

22nd February 2006: Calcutta High Court allowed CTR to continue to sell its product in accordance with law, stating that two products were different.

3rd August 2006: CTR was granted its Indian Patent (Patent No. 202302).

20th January 2010: Sergi filed a pre-grant opposition under Section 25(1) of the Patents Act.

22nd January 2010: Sergi filed a post-grant opposition under Section 25(2) of the Patents Act.

30th January 2010: Both oppositions were served on CTR.

16th February 2010: CTR made an application for an ad interim injunction, restraining Sergi from infringing CTR’s Patent on Sergi.

19th June 2012: Sergi filed a revocation application under Section 64 of the Patents Act.

2012: CTR moved to Bombay high court.

23rd October 2015: The high court after analysing the technicalities in the technology, ordered that Sergi is not permitted to continue making, using, offering for sale, or selling either the impugned Sergi 3000 product or any other similar infringing product which infringes patent of CTR.