Shimla, June 6:
In a significant ruling strengthening patent enforcement in India, the Himachal Pradesh High Court has confirmed an ex parte injunction restraining the marketing and sale of the agricultural product ‘Aladdin’, citing prima facie patent infringement and lack of credible challenge to the plaintiff’s patent.
Justice Sandeep Sharma, while pronouncing the order in COMS No. 6 of 2023, observed that the defendant failed to provide any substantive scientific or expert-backed evidence to question the validity of the plaintiff’s Indian Patent No. IN’092.
Merely pointing to the existence of a European patent, the court held, does not amount to a “credible challenge” under Indian law.
“The burden to show that the patent is vulnerable to revocation lies squarely on the defendant,” the court said, adding that this burden is even greater when the patent has survived without opposition, either pre- or post-grant.
An expert chemical analysis conducted by Dr. Phool Kumar Patanjali revealed that the composition of ‘Aladdin’ matched the patented formulation, particularly falling under Claims 11 and 12 of IN’092. This, the court held, made out a strong prima facie case of infringement.
On the issue of territorial jurisdiction—also contested by the defendant—the court noted that a sale of ‘Aladdin’ had taken place in Matiana, District Shimla, backed by an invoice produced by the plaintiff.
Further, the company’s brochure listed a manufacturing unit in Una, also within the state. “These facts clearly bring the cause of action within this court’s jurisdiction,” the judge ruled.
Citing a recent Delhi High Court judgment (SNPC Machines Pvt Ltd vs Vishal Chaudhary, March 5, 2024), the court dismissed the defendant’s objection about a so-called "trap purchase" and noted that even product listings and quotation letters show commercial intent and jurisdictional relevance.
The court further noted that the plaintiff had demonstrated a synergistic effect—specifically that the claimed particle size enhances soil dispersion and nutrient absorption, thereby improving agricultural yield.
In conclusion, the court confirmed that the interim injunction issued on July 24, 2023, will remain in force.
“The plaintiff has not only established a prima facie case but has also shown that the balance of convenience and risk of irreparable harm tilt in their favour,” the judge observed.
The case has now been listed for framing of issues on July 10, 2025.
