interesting patent case in india on

Interesting Patent Case in India on Diagnostic Testing

I've been informed that Justice Sanjay Kishen Kaul (of the Bilcare

fame) has reserved judgment in a very interesting patent matter

involving a patented diagnostic testing kit for Hepatitus C. For those

interested, the case is J Mitra vs Span Diagnostics. The facts briefly

are as follows:

J Mitra applied for patent. Pregrant filed by Span, is decided in

favour of J Mitra. Upon the grant of patent, J Mitra sues Span for

infringement and asks for temporary injunction. Span counterclaims

invalidity and also takes up the Gilette defense. Justice Kaul

reserves judgment. And it is expected anytime this month.

Of course, this case hasn't found any media attention yet, since it

does not involve an MNC!! For those of us who are more interested in

the jurisprudential aspects of patents than the emotional rhetoric

around patents and the bad MNC's that have come to exploit us, this

will prove to be an interesting judgment.

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