TEAM CODE: 08

10th MAHAMANA MALAVIYA

NATIONAL MOOT COURT 2023

IN THE HON’BLE HIGH COURT OF KASHI

JEDI CORPORATION

(PETITIONR)

V.

PALPATINE GE

(RESPONDENT)

UPON SUBMISSION TO THIS HON’BLE COURT

MEMORIAL ON BEHALF OF PETITIONER

 TABLE OF CONTENTS

LIST OF ABBREVIATIONS....................................................................................................4

INDEX OF AUTHORITIES......................................................................................................5

STATEMENT OF JURISDICTION..........................................................................................6

STATEMENT OF FACTS........................................................................................................7

ISSUES INVOLVED.................................................................................................................9

SUMMARY OF ARGUMENTS.............................................................................................10

ARGUMENTS ADVANCED.................................................................................................11

ISSUE 1: WHETHER THE SUIT IS MAINTABLE?........................................................11

1.1 WHETHER THE PATENT OF PETITIONER IS A VALID ONE?............................11

1.2 THE SAID DISCOVERY AMOUNT TO ‘INVENTION’...........................................12

1.3 THE DISMISSAL OF POST GRANT OPPOSITION AGAINST THE SAID PATENT.

..............................................................................................................................................13

ISSUE 2: WHETHER THERE WAS AN INFRINGMENT OF THE SAID PATENT?....15

2.1 “THE DEVICE FOR AIR PURIFICATION” IS ALREADY PATENTED.................15

2.2 DARKSABER SUBSTANTIALLY PERFORMS SAME FUNCTION AS LIGHTSABER.

17

2.3 THE REPONDENT DID NOT INVENT ANY NEW MECHANISM?.......................18

ISSUE 3: WHETHER THE TENDER BETWEEN GOVERNMENT OF TATOOINE

AND THE RESPONDENT IS REASONABLE ?...............................................................20

3.1 THE SAID TENDER IS LEGALLY INVALID...........................................................20

 3.2 WHETHER THE RESPONDENT CAN “MANUFACTURE, SELL AND DISTRIBUTE AIR
FILTERATION SYSTEMS”?.......................................................................................21

ISSUE 4: WHETHER DR. ANAKIN SKYWALKER IS LIABLE FOR SHARING THE

PROPRIETARY INFORMATION OF THE PLANTIFF?.................................................23

4.1. WHETHER DR ANAKIN SKWALKER BE RESTRAINT ON USE OF

CONFIDENTIAL INFORMATION, TECHNICAL KNOW-HOW, TRADE SECRETS
AND UNFAIR COMPETITION?.......................................................................................23
4.2. WHETHER A DECREE OF PERMANENT INJUNCTION RESTRAINING THE
RESPONDENT FROM MANUFACTURING, SELLING OR OTHERWISE DEALING
WITH “KYBER CRYSTALS” BE ISSUED?..............................................................24

PRAYER..................................................................................................................................26
 LIST OF ABBREVIATIONS

S. No. Abbreviations Full form

1. & And

2. AIR All India Report

3. TPO Tatooine Patent Office

4. E.g., Example

5. Hon’ble Honorable

6. No. Number

7. Ors. Others

8. SC Supreme Court

9. v. Versus

10. Govt. Government

11. ILR Indian Law Reports

12. SCC Supreme Court Cases

13. NAI Negative Air Ionization

14. BCF Beta Crystalline Form

 INDEX OF AUTHORITIES

Cases

Anandran Mangturam v Bholaram Tanumal, AIR 1946 Bom 1.............................................19

Baroda Oil Cakes Traders v Purushottam Narayandas Bagulia AIR 1954 Bom 491............20

Bhagwandas Govardhandas kedia v Girdharlal Parshottamdas, AIR 1966 SC 543..............11

Colles cranes of India ltd. v speedeo spares corpn, AIR 1970 Cal 32.....................................15

Gomanthinayagam Pillai v Palaniswami Nadar, AIR 1967 SC 868.......................................14

Greatwall Vanijya Ltd v Bengal Waterproof Ltd 2017 SCC OnLine Cal 574.........................15

National Textile Corp (MP) Ltd. v MR Jadhav AIR 2008 SC 2449........................................20

Saradamani Kandappan v S Rajalakshmi, AIR 2011 SC 3234...............................................15

Statutes
1. Indian Contract Act, 1872 (9 of 1872).

2. Sale of Goods Act, 1930 (3 of 1930).

3. Code of Civil Procedure, 1908 (5 of 1908)

Books
1. Pollock & Mulla, The Indian Contract Act, 1872, 16th edition (2022).

2. Avtar Singh, Contract & Specific Relief, Twelfth Edition (2021)

3. Anson’s Law of Contract, 30th Edn, 465

Websites
1. www.scconline.com

2. www.manupatrafast.com

3. https://advance.lexis.com

4. http://heinonline.org
 STATEMENT OF JURISDICTION

The petitioner has approached this Hon’ble High Court of Kashi under:

Section 104 of The Indian Patent Act,1970

It is humbly submitted that the petitioner has invoked the jurisdiction of The Hon’ble High
Court of Kashi under Section 104 of The Indian Patent Act,1970.

Power of High Courts to make rules

The Hon’ble High Court of Kashi has the jurisdiction to entertain this suit by virtue of powers
conferred on High Courts under Section 158 of Indian Patent Act,1970. The High Court may
make rules consistent with this act as to the conduct and procedure in respect of all proceeding
before it under this act.
 STATEMENT OF FACTS

1.Republic of Tatooine is lower-middle income country situated in the African continent with a high
population density and large-scale use of fossil fuels that have significantly affected the air quality of
Tatooine. The Air Quality Index (AQI) hovers above severe category for most part of the year. This
bad quality of air is linked with chronic obstructive pulmonary disease, asthma and lung cancer in the
inhabitants of Tatooine and also impacts its GDP up to 50 billion USD annually.
2.Kyber Crystal” is a naturally occurring substance (native to Tatooine) which has a unique chemical
property named as “force” that enables it to purify air in its proximity by virtue of a process called
Negative Air Ionization (NAI). The crystal has been traditionally known to the people of Tatooine and
its air purifying quality has been elaborately discussed in ancient texts. But the air purifying effect of
Kyber Crystal is limited in terms of area it can cover. Many attempts have been made to amplify its
effect and distillate the force that gives kyber crystal its unique qualities but without any success.
3.Jedi Corporation is a multinational company based in Coruscant (a country in Western Europe) with
highest research and development expenditure in green technology. It holds the largest patent
portfolios of environmental devices. Dr. Anakin Skywalker (a scientist of Tatooine nationality) works
in Jedi Corp’s research and development unit in Coruscant. The team lead by him discovered the Beta
Crystalline Form (BCF) of Kyber Crystal which they named as “Super Kyber Crystal.”
4.To efficiently discharge its intended function, Super Kyber Crystal must be used inside a device
called Lightsaber containing Super Kyber Crystal uses the force to filter air. An application for grant
of patent for “An Air Filtration Device Based on Beta Crystalline Form of Kyber Crystal” was filled
in the Tatooine Patent Office (TPO) on 30th March ,2010.
5.The First Examination Report was issued by the TPO on 23rd September, 2011 which stated that the
claimed patent application by the applicant has surprisingly found a substance which does not disclose
any new property or new use of beta crystalline form and the apparatus attached thereto. Secondly, it
stated that there is no significant difference in properties with regard to efficacy between the invention
claimed and the known substance. Thirdly, the report noted that the air purification function of Kyber
Crystal has been commonly known in Tatooine and it has been traditionally used in air filtration
systems. The First Examination Report further quoted Section 3 (d) under which it was observed that
not every improvement, benefit and advancement in a form of a known substance are relevant for the
purpose of analysis. Therefore, the said substance and apparatus cannot be patented.
6.A reply to The First Examination Report dated 4th November,2011 was submitted by Jedi Corp that
humbly resisted the non - patentability under section 3(d) of the Patent Act,1970, submitting that the
said section does not apply to the present case. Secondly, the reply argued that it is not a mere
discovery of a new form of a known substance but an invention with an inventive step of involving
human intervention. Moreover, it stated that beta crystalline form has better potency than alpha
crystalline form. It further laid emphasis on the fact that there is no empirical study providing or
establishing the efficacy of kyber Crystal per se. Also, the device amplifies and multiplies the force-
field of the crystal which enables it to cover large area. A hearing was conducted and thereafter, the
patent was granted on 22nd October,2012 as TA 22101996.
7. Palpatine Galactic Empires is an environmental products company based in Tatooine. It has
introduced a series of product based on kyber Crystal and has dedicated its research unit “Darth
Sidious” which seeks to find out new ways of utilizing air purification properties of Kyber Crystal.
Upon coming across Jedi’s patent, it filled a post grant opposition against said patent but it was
dismissed for non-prosecution because of non – adherence with the timelines provided under the
Patent Rules ,2003.
8. In 2020, Dr. Anakin Skywalker came to know that air quality of Tatooine has been constantly
degrading and none of the environmental products of Jedi Corp., including Lightsaber, are available in
in Tatooine. The reason for the same was the exclusionary effect of Jedi’s patented environmental
inventions which were exclusionary manufactured for and exported to the markets of high-income
countries. Dr. Anakin Skywalker left his employment at Jedi Corp. and joined Darth Sidious (R&D
unit of Palpatine GE). After two years of extensive research, Palpatine GE introduced a device named
“Darksaber” that could purify air over large areas including open spaces.
9. An application for grant of patent for a “Device for Air Purification Containing Kyber Crystal” was
also filled by Palpatine GE in the TPO in 2021. In 2022, the Government of Tatooine invited bids for
procurement of air filtration systems capable of being installed at open public spaces. After
consideration of bids, the said tender was awarded to Palpatine GE. Upon gaining the knowledge of
Palpatine GE’s product, Jedi Corp. sent a cease-and-desist notice to them which alleged that
Darksaber substantially performs the same function as Lightsaber in substantially the same manner to
yield the same result thereby infringing the patent of jedi Corp. In reply to said notice, Palpatine GE
claimed that there was no infringement of said patent as working mechanism of both the devices was
entirely different. The reply contended that Darksaber uses kyber Crystal which is in public domain
and no exclusivity could be claimed by Jedi Corp. over it. The reply further stated that the said patent
was invalid. Jedi Corp sent another notice to Dr. Anakin Skywalker accusing him of sharing the
proprietary information of jedi Corp. with Palpatine GE.
10.Jedi Corp. filed a quia timet action before the High Court of Kashi, seeking a decree of permanent
injunction restraining Palpatine GE from manufacturing, selling, or otherwise dealing with “kyber
Crystal, ‘Super Kyber Crystals’ and ‘Darksaber’ as would infringe patent no. TA220101996. Jedi
Corp. has also impleaded the Government of Tatooine as a Defendant in the suit. In response,
Palpatine GE has filed a counter claim seeking revocation of Jedi Corp.’s patent. A suit has also been
filled by Jedi Corp. against Dr. Anakin Skywalker seeking restraint on use of its confidential
information, technical know-how, trade secrets and unfair competition.
 ISSUES INVOLVED

I.

WHETHER THE SUIT IS MAINTAINABLE?

II.

WHETHER THERE WAS AN INFRINGMENT OF THE SAID PATENT?

III.

WHETHER THE TENDER BETWEEN GOVERNMENT OF TATOOINE AND

THE DEFENDANT IS REASONABLE?

IV.

WHETHER DR. ANAKIN SKYWALKER IS LIABLE FOR SHARING THE

PROPRIETARY INFORMATION OF THE PETITIONER?

 SUMMARY OF ARGUMENTS

ISSUE 1. WHETHER THE SUIT IS MAINTAINABLE?

It is most humbly submitted before this Hon’ble Court that the petitioner has approached this
Court to maintain a valid suit because the plaintiff has a valid patent. Jedi Co. who was the patentee
who had exclusive right conferred under Section48(a) of The Patent Act, 1970. All the three-fold
requirements of patentability set out in Section 2 of The Patent Act,1970. It is not a mere discovery of a
new form of a known substance but an invention with an inventive step of involving human
intervention. It has a legally valid patent that was issued by TPO of Tatooine under patent no 22101996
which was granted after due process of examination of patent application. It faced no valid opposition.

ISSUE 2. WHETHER THERE WAS AN INFRINGMENT OF THE SAID PATENT?

The petitioner most humbly submits to this Hon’ble Court that the respondent has infringed the
said patent. “Device for Air Purification Containing Kyber Crystal” has already been patented
by Jedi Corp. (the petitioner) under patent no 2210199. Palpatine GE started dealing with
manufacturing and distribution of ‘air purification device’ which amounts to patent infringement under
Section 48 of The Patent Act, 1970. Furthermore, Darksaber substantially performs the same
function as Lightsaber in substantially the same manner to yield the same result thereby
infringing the patent of Jedi Corp. It is humbly submitted that the respondent did not invent
anything new, the mechanism of air purification based on Beta form of Kyber Crystal &
Negative Air Ionization already existed & therefore his application for grant of patent must be
quashed by this hon’ble court.

ISSUE 3. WHETHER THE TENDER BETWEEN GOVERNMENT OF TATOOINE

AND THE DEFENDANT IS REASONABLE?

The petitioner most humbly submits that there is no reasonable tender between Government
of Tatooine and the respondent. Jedi Corp. (the petitioner) has already patented the required
devices whereas the defendant does not have a legally valid patent to manufacture, sell or
distribute the required air purification devices. Hence, the defendant cannot supply the
contracted item to the government and this makes the tender unreasonable.
ISSUE 4. WHETHER DR. ANAKIN SKYWALKER IS LIABLE FOR SHARING
THE PROPRIETARY INFORMATION OF THE PLANTIFF?

It is most humbly submitted before this Hon’ble Court that Dr. Anakin Skywalker is guilty of
sharing the proprietary information of jedi Corp. with Palpatine GE (respondent). Dr. Anakin
Skywalker must be restraint on use of its confidential information, technical know-how, trade
secrets and unfair competition by this Hon’ble Court. Also, an order of permanent injunction
restraining Palpatine GE from manufacturing, selling, or otherwise dealing with “kyber
Crystal, ‘Super Kyber Crystals’ and ‘Darksaber’ must be issued by this Hon’ble Court.

ISSUE 5: Whether Interim Injunction should be granted against Palpatine

GE?
It is humbly submitted that interim injunction should be granted as all the three requirements
for granting interim injunctions are in the favor of the plaintiff i.e. irreparable damages, premia
facie case and balance of convenience. All these essentials are being fulfilled in the present
case therefore it is a humble submission of the plaintiff that interim injunctions should be
granted because it is important to prevent the defendant from continuing to infringe the patent .
Also, an order of permanent injunction restraining Palpatine GE from manufacturing, selling,
or otherwise dealing with “kyber Crystal, ‘Super Kyber Crystals’ and ‘Darksaber’ must be
issued by this Hon’ble Court.
 ARGUMENTS ADVANCED

ISSUE 1. WHETHER THE SUIT IS MAINTAINABLE?

It is humbly submitted before the hon’ble court that the patent granted to Jedi Corp. is valid and the suit filed by
Jedi Corp is maintainable against Palpatine GE.

1.1. Patent Infringement

According to the Section 2(1)(m) of the Patent Act 1970 “Patent” means a patent for any invention granted
under this act. Patent is a grant or right to exclude others from making, using, or selling one’s invention and
includes right to license others to make, use or sell it. It is an official document conferring a right or privilege,
letters patent; writing securing to an inventor for a term of years the exclusive right to make, use and sell his
invention ;the monopoly or right so granted.
Jedi Corp. is a multinational company based in Coruscant, a country in western Europe who is the absolute
patent owner of the air purification device ‘Lightsaber’ caring Patent TA 22101996 which was granted by
Patent Office after due process of Examination of Patent Application.
Moreover, the manufacturing of the air purification device was started only after obtaining valid approval from
authorities in Tatooine. Therefore, by virtue of section 48 of the Patent act 1970, Jedi Co. has exclusive right to
prevent third parties who do not have its consent from the acts of making, using, offering for sale, selling or
importing the Patented product. Jedi Co. relies on Sections 43,48 and 53 of the Patent Act 1970 to say that the
said provisions clarify that upon grant of a Patent, a Patentee secures, for a term of 20 years from the date of
filing of the application, the exclusive rights to prevent third parties who do not have its consent from making,
using, selling or importing Patented product.
The effect of the grant of the Patent is quid pro quo, quid is the knowledge disclosed to the public and quo is
the monopoly granted for the term of the Patent. Section 12, Patents and Design Act sets out that a Patent
granted confers upon the Patentee the exclusive privilege of making, selling and using the invention throughout
the country and of authorizing others so to do. This is quo. The quid is compliance with the various provision
resulting in the grant of the Patent.
Thus, Jedi co. have the absolute right to prevent Palpatine GE from making, using, offering, for sale, selling or
importing Patented product without its consent. Patent infringement action are maintainable in respect of
granted and live Patents therefore the suit is maintainable.

1.2 Jedi co. fulfilled all the necessary procedures of law to obtain Patent for an air purification device
‘Lightsaber’.
It is contented that after elaborate examination , scrutiny , and inspection of the product , for insuring its
efficacy , novelty , existence of inventor step and industrial application. The procedure for the grant of the
patent is regroups which involves steps like:
1. Filing the patent application,
2. Publication of patent application,
3. Examination of patent application,
 During the examination process, the examiner scrutinizes the application to ensure that the
application is in accordance with the Patent Act and Rules,
 The examiner also performs a search to understand similar technologies to a ascertain if the
invention would satisfy the patentability criteria.
 Based on the review application, the examiner will issue Examination Report to the applicant,
stating the grounds for objections. The first such Examination Report is called the First
Examination Report (FER).
 Once the FER is issued, the patent applicant needs to successfully overcome the objections to
receive a patent grant . This includes responding to examination reports, appearing for hearing.
4. After which the patent is granted.
Therefore it is conclusively established that grant of approval to the patent is valid, and therefore, rights
under Section 48 , Patent Acts and all necessary details about the air purification device ‘Lightsaber
“was well within the knowledge The Patent Office ,Tatooine .This clearly shows the patent granted to
Jedi Co. is valid.
1.2.1 No question was raised regarding the invalidity of the patent when published in the patent
journal
Jedi Co. is manufacturing and distributing the air purification device and have been granted patent from
2012 for the manufacturing and distribution of the same but since then no question of invalidity was
raised by any other reputed company. Moreover Section 144 of The Patent Act provides for the
Publication of the Patented Application which provides the controller shall issue periodically a
publication of patented invention contain such information as the government may direct. Therefore, it
is clear that every patent is published in the official patent journal even after that no question or
objections as the validity of the patent was raised by the defendant within the timelines provided under
the Patent Rules 2003.
It cannot be denied that a patent application under goes a detailed examination by the examiner , who
generally has domain knowledge in which the application is concerned .The application is then placed
before the controller who is much experience in the field with the subject expertise. Therefore, it is
clear that there stand no case of patent invalidity. It is a mere stunt of the defendant to waist the time of
the Hon’ble court and to delay the relief sought by the plaintiff of the interim injunction.

1.2.2 The air purification device ‘Lightsaber’ is patentable

In the case of Dimminaco A.G, v. Controller of Patents And Designs, the definition of manufacture was
determined which said that “when the substance in question has undergone any change by the creative
process and has become a material that is different from the beginning material” after going through the
manufacturing process .
 A similar stance was taken by the plaintiff council in the case of Hoffmann- La Roche Ltd. And anr. V.
Cipla Ltd. That drew the attention of the court to the fact that a patent under the Act is grated after
scrutiny at three levels, first under Sections 11(a); 12 and 14, then at the stage of pre grant opposition
under Section 25(1) and finally under Section 43 the patent is granted is subject to satisfaction of the
two pre condition. Given that in the present case the patent has been granted after the elaborate
technical verification, it cannot be summarily and certainly not at the stage of arguments on interim
injunction be held invalid. Furthermore, it would not be appropriate that the remedy of injunction
prescribed under Section 108 of the Act is denied to the plaintiff merely because the defendant raised a
defense of invalidity of patent. Therefore, the air purification device ‘Lightsaber ‘is patentable.
1.3. prima facie valid
To be patentable, an invention should satisfy Patentability requirements, they are –
1. Patentable subject matter
2. Novelty
3. Inventive step
Article 27(1) of TRIPS Agreement provides that a Patent shall be granted for an invention so long as it is
demonstrated that the invention passes certain necessary tests such as being “new “and involving an ‘’
“inventive step’’ and are suitable for industrial use.
Furthermore, in article 52 of the European Patent Convention (EPC) the tripartite requirements of
patentability are spelled forth. That the invention must be novel, that it must include an inventive step, and
that it must be practical in nature.
1.3.1 Patentable Subject Matter
According to Section 2(j) of the Patent Act, 1970 "invention" means a new product or process involving an
inventive step1 and capable of industrial application2. Invention is the Act or operation of finding out
something new; the process of contriving and producing something not previously known or existing , by the
exercise of independent investigation and experiment. Also, the article or contrivance or composition so
invented.
 Invention is a concept; a thing involved in the mind; it’s not a revelation of something which
exists and was unknown, but is creation of something which did not exist before, possessing
element of novelty and utility in kind and measure different from and greater than what the art
might expect from skilled worker.
 Under the patent acts, eligible subjects include products and processes. in other words, an
invention should either be a product or process in order to fall within the list of subjects.
 Here the patent has been granted for an air purification device ’Lightsaber’’ which can purify
air over large open area which was not possible hitherto. It consists of Kyber crystal ‘Beta
Crystalline Form of Kyber crystal’, vents and amplifiers. The device amplifies and multiplies
the force filed of the crystal which enables it to cover a large area which would decrease the
critically bad quality of air that leads to chronic obstructive pulmonary diseases, asthma, and
lung cancer. furthermore, it also helps in reducing the impact of bad air quality on GDP of
Tatooine.
 Therefore the patent is not frivolous or which claims anything obviously contrary to well
1
Section 2(ja) Indian Patent Act,1970
2
Section 2(1)(ac) Indian Patent Act,1970
 established natural law, neither contrary to public order or morality nor prejudicial to life and
environment .
It is humbly submitted that the respondent contention that the air purification device i.e.
Lightsaber is not an invention under the Patent Act,1970 as it is only a derivative of already
existing substance and is hit by Section 3d of the Act and patent conferred is invalid is not
only vague but a supercilious argument.
 Section 3d states- the mere discovery of a new form of a new substance which does not result
in the enhancement of known efficacy of that substance or the mere discovery of new property
or new use for a known substance or of the mere use of a known process, machine, or
apparatus unless such known process results in a new product or employs at least one new
reactant.
Explanation: for the purpose of this clause, salts, easter, ethers, polymorphs, metabolites, pure form, particle
size , isomers, mixture of isomers , complexes, combination and other derivates of known substances shall be
considered to be the same substance, unless they differed significantly in properties with regard to eiffciay ;
The above lines clearly states that the derivates of known substance shall be considered to be the same
substance, unless they differ significantly in properties with regard to efficacy. Therefore, the air purification
device ‘Lightsaber’ which has been given patent is very effective is the only device that worked effectively on
reducing the bad air quality.
The constitutional validity of Section 3d was challenged by Novartis before the Madras High court in the case
of Novartis A.G. v. Union of India. In this case, it is said that efficacy could be proved by showing a better
therapeutic effect by the new form, which could be showed by objective and scientific evidence . it is also
stated that the derivative of a substance should have a better efficacy than that of the substance in order to be
patentable. but in the present case section 3(d) will not be applicable because it applies on the substances which
have a known efficacy, here nobody knows the efficacy of the Alpha Kyber Crystal which is a known
substance. Due to this the discovered beta form of kyber crystal also does not have any empirical research data
for its enhanced efficacy. Hence, the said section is not applicable.

1.3.2 Novelty
An invention will be patentable only if it is novel or new in the light of prior art, or is not anticipated but the
prior art. Prior art includes all information and knowledge relating to the invention that was available on the
date of Patent application.
 In Bleckley vs. Latham22, to be new in the Patent sense, the novelty in the Patent sense, the novelty
must show invention. In other words, in order to be Patentable, the new Subject matter must involve
invention over what is old.
 “New invention” means any invention or technology which has not been anticipated by publication in
any document or used in the country or elsewhere in the world before the date of filing of Patent
application with specification that is the subject matter has not fallen in public domain or that it does
not form part of the state of the art.3
Novelty of an invention is determined in the light of single prior art reference and various prior art
3
Section 2(l) Indian Patent Act,1970
 references cannot be combined for analyzing novelty.in order to anticipate an invention, all elements of
the invention must be present in a single prior art reference.
1.3.3 Inventive step
An invention should possess an inventive step in order to be eligible for Patent protection. Inventive
step means a feature of an invention that involves technical advance as compared to the existing
knowledge or having economic significance or both and that makes invention not obvious to a person
skilled in art.4
 Inventive skill has been defined as that intuitive faculty of the mind put forth in the search of new
results or new methods, creating what had not before existed or bringing to light what lay hidden from
vision, it differs from a suggestion of that experience which arose spontaneously and by a necessity of
human reasoning in the mind of those who had been acquainted with the circumstances with which
they had to deal.
 As per the section5, an invention will have an inventive step only if it satisfies two condition.: first,
invention should be technical advanced in the light of prior art or should have economic significance.
Here the invention is technically and is even better than prior art. No air purification device as
lightsaber has such a large impact till date which makes it technical advance and with regard to the
economic significance, it can be easily submitted from the facts that is holds a huge market and that
implies that it is very useful and beneficial.
 Second, the invention should be non-obvious to a person with ordinary skill in the art in the light of
prior art.6 The invention is non obvious. Moreover in Canadian General Electric co. Ltd. Fada Radio
Ltd, it was held that under the general of Patents, an invention, which consists of a small inventive step
but having regard to the condition of the art, constitutes a step forward, and may be a good subject
matter for a Patent.
Patent has a prima facia inventive step. All the necessary condition i.e. Patentability requirements:
patentable subject matter , novelty, inventive step are fulfilled and hence the product which has been
Patented by Jedi co. is eligible to be Patented and thus controller of Patents have not erred in granting
Patents to Jedi co.
1.3.4. Registration to be prima facie evidence of validity
It is humbly submitted that there is no provision in the Patent Act 1970 that expressively provides for
registration to be prima facie evidence of validity. in order to avoid a potential conflict between them,
legislation, such provisions are present in other legislations. An example of the same is in the
Trademark Act where in Section 31 provides that registrations to be prima facie evidence of validity. it
reads as follows:
Registration to be prima facie evidence of validity –
1. In all legal proceedings relating to a trademark registered under this act (including applications
under Section 57), the original registration of trademark and of all subsequent assignment and
transmission of trademark shall be prima facie evidence of the validity thereof.

4
Section 2(1)(ja) Indian Patent Act,1970
5
Section 2(1)(ja) Indian Patent Act,1970
6
Section 2(1)(ja) Indian Patent Act,1970, Novartis Ag v. Union of India(2013)
 2. In all legal proceedings as aforesaid a registered trademark shall not be held to be invalid on
the ground that it was not a registered trademark under Section 9 except upon evidence of
distinctiveness and that such evidence was not submitted to the registrar before registration, if
it is proved that the trademark had been so used by the registrar proprietor or his predecessor in
title as to have become distinctive at the date of registration.

In case of Marico ltd. V. Aggrotech Foods ltd., it was held that:

’13…registration is only prima facie evidence of its validity and the presumption of prima facie
validity of registration is only a rebuttable presumption…’

1.3.5. Omnia Praesumuntur Rite at Soleeniteresseactadonecprobetur in Contrarium

Under Section 144, illustration (e) of the Act there is a presumption that all judicial and official acts
have been regularly performed . as per the Latin maxim Omnia Praesumuntur Rite at
Soleeniteresseactadonecprobetur in Contrarium, everything is presumed to be rightly and duly
performed until the contrary is shown . It follows that all actions of a public authority are presumed to
be valid unless proved otherwise. it will be presumed that the examiner has conducted the examination
properly and has exercised due diligence.
In the case of P.J. Ratnam v. D. Kanikaram and Others , the Supreme court of India held that:
‘Six…. there would be a presumption of regularity in respect of official and judicial acts and it will be
for the party who challenges such regularity too plead and prove his case …”

Furthermore, in National Research Development vs The Delhi Cloth & General Mills Co on 31 October,
1979 Delhi High Court held that “The plaintiff must first establish such facts as will satisfy the court
that there are strong prima facie reasons for acting on the supposition that the patent is valid. The most
cogent evidence for this purpose is either that there has been a previous trial in which the patent has
been held to be valid, or that the patentee has worked and enjoyed the patent for many years without
dispute, or it may be that as between the parties the plaintiff is relieved from the onus of establishing
validity, as where the defendant has admitted, it or is so placed in his relationship to the plaintiff as to
be estopped from denying it".
Jedi Co. has been enjoying the patent for about 10 years all over the world including Tatooni without
any dispute. So, it is prima facie a valid patent.

Thus it can be concluded by stating that: there is no valid reason that can be presented in the court by
Palpatine GE which proves that the patent granted to Jedi co. was invalid .
1. Palpatine Ge has prima facie malicious intention and,
2. It is solely and attempts to waste the precious time of the honorable court, Palpatine Ge thus
have an intention to continue the patent infringement by wasting the time of the court .
therefore, the patent is valid and suit is maintainable.
3. WHETHER DR. ANAKIN SKYWALKER IS LIABLE FOR SHARING
THE PROPRIETARY INFORMATION OF THE PETITIONER?

It is humbly pleaded that a standard employment agreement was entered into

between Dr.Skywalker and Jedi Co.at the inception of his employment which
contained non – disclosure agreement which puts a moral and a legal duty on
Dr.Skywalker to not to leak confidential information , technical know- how and
trade secrets of Jedi Co. but due to his malice intention he shared those material
facts with the defendant i.e Palpatine GE. This leads to a promotion of unfair
competition .

3.1.Similar Working Mechanism of lightsaber and Darksaber.

• In the judgement of Winans v/s Denmeed (USA) A Tripe Identity Test was
given whose doctrine is based on Doctrine of Equivalents, the same doctrine
was used in Ravi Kamal Bali v/s Kala Tech., which states that to infringe
plaintiff’s patent defendant’s product should
1) Perform substantially the same function
2) In substantially the same way
3) To achieve substantially the same result

In this case the plaintiff relies on the above doctorine of Equivalents to prove the
similarities of Lightsaber and Darksaber.

3.1.1 Perform substantially the same function

Lightsaber and Darksaber both are devices which perform substantially the same
function i.e purifying air. Both the devices have same function which can be seen in
the press release of both the companies.

3.1.2 In substantially the same way

The working mechanism of Lightsaber consists of Kyber Crystal i.e Beta
crystalline form of Kyber Crystal, vents and amplifiers. The device
amplifies and multiplies the ‘force-field’ of the crystal which enable it to
cover a large area and the amplified force field generated by the device
purifies the air through the Negative Air Ionization (NAI).
The above explained mechanism is being used in a similar manner but with
some minor changes which do not affect the working mechanism of the
 device i.e the use of Kyber Crystals , Negative Air Ionization(NAI) and
force generated by the Kyber Crystals.
In Ravi Kamal Bali v. Kala Tech and others, the court in their factual
analysis of the case had found that the alleged product and the patented
product had the same ‘usage/purpose’, the same ‘nature of material’, and
also worked on the ‘same principle’. As the court found no substantial
difference in the constructional and functional aspect of the product, it held
that the change in the main structure of the body alone does not indicate the
presence of a new invention.
Similarly in the present case the purpose , nature of material and the
principle used in both the products is same, the changes done in the
Darksaber do not change the constructional and functional aspect of both
the devices. Thus,the product perform same function in substantially same
way.

3.1.3 To achieve substantially the same result

Both the devices, Lightsaber and Darksaber, achieve substantially the same result
i.e purifying air of large open area .

Therefore ,Darksaber is a device which perform substantially the same function in

in substantially the same way to achive substantially the same result as Lightsaber
due to which it infringes the patent granted to Jedi Co..

3.2 Use of the Confidential Information and Trade Secrets of Jedi Co. by Dr.
Skywalker

3.2.1 Standard Employment Agreement with Non-disclosure clause

3.2.2 Trade Secrets

According to WIPO( World Intellectual Property Organization) ,whom India in a
member,
‘Trade secrets are intellectual property (IP) rights on confidential information which may
be sold or licensed. In general, to qualify as a trade secret, the information must be
commercially valuable because it is secret, be known only to a limited group of
persons, and be subject to reasonable steps taken by the rightful holder of the
information to keep it secret, including the use of confidentiality agreements for
business partners and employees.
The unauthorized acquisition, use or disclosure of such secret information in a
manner contrary to honest commercial practices by others is regarded as an unfair
practice and a violation of the trade secret protection.’

TRIPS Agreement require trade secrets to enjoy benefits of protection which is laid
down in Article 39.2 as the protection must apply to information that is secret, that
has commercial value because it is secret and that has been subject to reasonable
steps to keep it secret.
 Jedi Co. had confidential information which was only known to its employees and
partners who work with it. The trade secret includes the information regarding the
technical know how of its devices , inventions, discoveries etc. which are
commercially valuable. Dr. Skywalker got to know about these trade secreats and
confidential information during his employment at Jedi Co..He had a moral as well as
a legal duty to not to disclose the trade secrets and confidential information of his
previous employee as he has signed a standard employment agreement with non-
disclosure clause.

ISSUE 5: Whether Interim Injunction should be granted against Palpatine

GE?
It is humbly submitted that the plaintiff is seeking interim injunction under Order XXXIX Rule 1& 2 of
Code of Civil Procedure,1908. This injunction can also be granted under section 108 (1) of The Indian
Patent Act 1970 which talks about relifies in the suit for infringement. it is stated that –
“the relives which a court may grant in any suit for infringement include an injunction (subject to such
terms, if any , as the court thinks fit ) and , at the option of the plaintiff , either damages or in account of
profits ‘.
In this case, Jedi Co. owns the patent of the Air Purification device Lightsaber. there is an infringement
caused by the defendant, Palpatine Ge. Thus, in the light of the above mentioned section , injunction
can be granted against Palpatine GE under Section 108 (a) of the Patent Act 1970 .

5.1. Immediate threat to the property

It is humbly submitted that interim injunction is granted when there is immediate threat to the property
of the plaintiff. It is granted based on a fear of possible injury therefore based on mere threat of an
infringement act. the defendant has started the manufacturing and distribution of the Darksaber (which
is same as Lightsaber) Air purification device and this has infringed the patentee’s right. Thus, there is
an immediate threat to the property of plaintiff. This may also cost in form of hampering the goodwill
of the plaintiff which they have built by working tirelessly in order to bring forward green technology
for last five decades. Granting of interim injunction is very necessary as non-granting of the injunction
will cause irreparable damage to the plaintiff.
5.2. Grounds for granting interim injunction
It is humbly submitted that interim injunction can be granted even when the validity of patent is in
question. The granting of interim injunction completely depends on three factors i.e., prima facie case,
irreparable loss and balance of convenience and all these factors are presented in this case.
Interim injunction is granted in order to maintain the existing state of affairs till the time the conflicting
claims of the parties are being adjudicated by the court. the objective is to maintain and preserve the
status quo. Now, in order to obtain interim injunction in a court , following three essentials have to be
established by the plaintiff :
1. Prima facie case from the side of the plaintiff.
2. If the interim injunction is not granted, irreparable loss will be faced by the plaintiff.
3. Balance of convenience on favor of plaintiff. 7
All the above-mentioned factors are present in the case.

5.3 Prime facie case

It is humbly submitted that “prima facie” case means that the court should be satisfied that there is a serious
question should be tried at the hearing and there is a probability of plaintiff obtain the relief at the conclusion of
the trial on the bases of the material placed before the court .
It is humbly submitted that the right of the patentee, Jedi Co. is being seriously infringed. Section 48 of the
Patent Act 1970 is about the right of the patentees. It is stated in the section 48(a)-
“Subject to the other provisions contained in this act and the condition specified in the Section 47, patents
granted under this act shall confer upon the patentee where the subject matter of the patent is a product, the
exclusive right to prevent third parties, who do not have his consent , from the act of making , using , offering
for sale , selling or importing for those purposes that product in India.”
In addition to the above submission this is a prima facie case as Palpatine GE neither had a patent nor had a
license from the central government under Section 92 of the Patent Act 1970.The condition of prima facie case
is being satisfied by the actions of Palpatine GE. In the light of the above facts, it can be concluded that the
plaintiff has a prima facie case.

5.4 Irreparable Loss

It is humbly submitted that the plaintiff has spent a lot of money in the research and development of the patent.
The plaintiff will suffer loss each day if the defendant keeps on manufacturing the air purification device
“Darksaber” whose patent is owned by the plaintiff.
In the case of Orissa State Commercial Transport Ltd. V. Satyanaryan Singh, the court observed that-
“Irreparable injury means such injury that can not be adequately remedied by the damages”

It is submitted that Jedi Co. is committed to creating a healthier world for everyone. If any sub-standard product

7
‘Triple test’ of American Cyanamid Co v. Ethicon Ltd.
is produced by the defendant, it will cause a huge irreparable loss to the good will of the plaintiff which has
been created by them by working tirelessly to bring forward environmental devices .

Thus, for the wellbeing of the public, any substandard product that might be launched by Palpatine GE will be a
compromise with the life of thousands of the public. Thus , it can be concluded that irreparable loss to a number
of public will be caused if interim injunction is not granted.

5.5 Balance of convenience

It is humbly submitted that in case of Orissa State Commercial Transport Co. Ltd. V. Satyanarayana Singh, the
court explained the meaning of Balance of convenience and stated that-
“Balance of convenience means that the comparative mischief or inconvenience to the parties .”
In the light of the fact that the defendant started manufacturing and distribution of “Darksaber” even when the
patent was not granted .This clearly shows that the mischief or inconvenience is being committed by the
defendant to the plaintiff supports the balance of convenience in favor of the plaintiff.

In Antaryami Dalabehera v. Bishnucharan Dalabehera, the Orissa Hight court held that-
“Balance of convenience means that the comparative mischief or inconvenience to the parties. The
inconvenience to the petitioners if temporary injunction is refused would be balanced or compared with that of
the opposite party, if it is granted. If the scale of inconvenience leans to the side of plaintiff, than alone
interlocutory injunction should be granted.”

It is humbly submitted that considering above arguments presented, interim injunction should be grated in favor
of the plaintiff.
 PRAYER

Wherefore, in the light of the issues raised, arguments advanced, and authorities cited, this
Hon’ble Court may be pleased to direct that:

1. A grant for a decree of permanent injunction restraining the defendant from manufacturing,
selling or distribution of the said mechanism.

2.The invalidation of defendant’s application for grant of patent.

3.The tender between Government of Tatooine and defendant be held unreasonable and
void.

4.Dr. Anakin Skywalker be held liable to the petitioner for sharing his proprietary
information with the defendant.

and any other relief that the Hon’ble Court may be pleased to grant in the interest of
justice, equity, and good conscience, all of which is respectfully submitted.

Sd/-
Counsels for the Defense