IN THE HIGH COURT OF DELHI AT NEW DELHI

(ORDINARY COMMERCIAL JURISDICTION)

CS (COMM) NO. OF 2021
CODE NO. 36017.01, 36017.02

IN THE MATTER OF:

Sotkon SP SLU
Avenida Oria, 8 - Papellon 30
20160 Lasarte-Oría
Spain ….PLAINTIFF

VERSUS

Western Imaginary Transcon Pvt. Ltd.

88/1, Ground Floor, Govind Nagar C.H.S.,
Nr. Ashish Hospital, Dixit Road, Vile Parle – East,
Mumbai – 400057, India
….DEFENDANT NO.1

Prabhadayal Om Prakash Infrastructure ltd.

2880, Sirkiwalan, Hauz Qazi,
Delhi – 110006, India
….DEFENDANT NO.2

Western Smart Bins (J.V.)

Joint Venture of Defendant No.1 and Defendant No.2
31, Swagat Park Bunglows,
Near Royal Enclave, Thaltej,
Ahmedabad – 380058, Gujarat, India ….DEFENDANT NO.3

COMMERCIAL MATTER
 SUIT FOR PERMANENT INJUNCTION RESTRAINING
INFRINGEMENT OF PATENT AND COPYRIGHT,
DAMAGES/RENDITION OF ACCOUNTS, DELIVERY-UP ETC.

The Plaintiff above-name respectfully submits as follows:

1. The Plaintiff, above named, respectfully submit that the subject matter of

the present suit is a ‘commercial dispute’ as defined under Section 2(c)

(xvii) of The Commercial Courts Act, 2015. That the codes in the present

suit are verified to be 36017.01 and 36017.02.

2. The Plaintiff is a company organized under the laws of Spain, proprietor of

the Indian Patent no. 329620, titled as ‘Subsurface System for the

Collection of Refuse’ (‘the Suit Patent’). The instant suit has been

instituted seeking permanent injunction restraining the Defendants from

infringing Plaintiff’s patent and copyright and other incidental reliefs.

3. That the Plaintiff is doing business in India through its distributor-cum-

manufacturing partner, India Recycle and Waste Management Co.

(hereinafter referred as ‘IRWM’) headquartered at 27-C, Basement,

Punjabi Mohalla, Zamrudpur, New Delhi – 110048, INDIA. A copy of the

Distribution and License Agreement between Plaintiff and IRWM has been

filed in the present proceedings. Mr. Vishal Vig is the Constituted Attorney

of the Plaintiff and is duly authorized via appropriate Power of Attorney to

sign and verify the pleadings and institute the present suit on its behalf.
4. The Defendant No.1 and Defendant No.2 are companies registered under

the laws of India and Defendant No.3 is a partnership firm. Defendant No.1

provides services in the waste management industry. Defendant No.2 is

verily believed to be engaged in the distribution of homebuilding products

such as kitchen bins, water tanks, waste management systems, etc. The

Defendant No.3 is a joint venture of Defendant No.1 and Defendant No.2

verily believed to be engaged in providing waste management services. The

instant suit emanates from tender bids submitted by the Defendants,

through Defendant No.3, pertaining to detailed Engineering, Supply,

Construction, Installation, Testing and Commission and Comprehensive

Operations & Maintenance of the Smart Underground Bins for Collection

and Storage of Solid Waste at Various Locations in Gandhinagar City,

Gujarat that violates the Plaintiff’s patent and copyright.

THE PLAINTIFF

5. The Plaintiff, established more than 20 years ago, is a pioneer in

underground and semi-underground waste management systems. The

Plaintiff ventured into underground containers for waste management in the

early 1990s when such waste management systems were innovative and a

leading-edge solution for the industry. Since then, Plaintiff has been

focusing on the development of new products and technologies for the

optimization of waste management solutions. The first model of

underground waste bin containers secured a patent protection in 1991.

6. Plaintiff’s underground waste management system enjoys patent protection

in various jurisdictions across the world for its unique features, novelty,

and innovation. Plaintiff’s waste systems are based on a simple but

complete concept of waste deposition and collection, supported by a unique

modular, scalable, unobtrusive system. The advantages and benefits of

Plaintiff’s proprietary waste systems is evident from the fact that the

underground containers collection system has more capacity as compared

to on ground containers and they hide the waste from the surface, reducing

the visual and environmental impacts caused by the traditional surface

containers. Plaintiff’s underground waste management system also reduces

the number of collection vehicle tours and consequently positively affects

the costs of operations because of increased deposition capacity. Further,

Plaintiff’s innovative system has resulted in reduction in energy consumed

and need for hand labor thereby improving the working conditions during

collection. The unique characteristics of the Plaintiff’s products makes it

one of the most recognized brands in the sector, providing solutions that

differ from others for their simplicity, high quality, ergonomics and

profitability.

7. Plaintiff has a presence in over 25 countries, directly or through

distributors, and is one of the main players in the sector globally. The main

consumers of Plaintiff’s products are municipalities, municipal or inter-

municipal companies, and contractors developing urban infrastructures.

 The Plaintiff’s proprietary waste management system is available under the

brand name SOTKON KONCEPT. Today, more than 135 cities in over 40

countries are using more than 30,000 Plaintiff’s underground waste bins.

8. Plaintiff, through IRWM, has been present in India since 2010. On 21 st

September, 2010, Plaintiff’s holding company, AFSC-SGPS, SA and

IRWM entered into a Memorandum of Understanding to join their efforts

to explore opportunities in the Indian market. Thereafter, the Plaintiff’s

holding company and IRWM, in July, 2015, entered into Distribution and

License Agreement whereby which IRWM was granted an exclusive

license to manufacture and market Plaintiff products, including Smart

Underground Bins, in the Indian market. Plaintiff has been awarded

numerous tenders, as listed below, for installation of its proprietary waste

management systems to manage municipal garbage in India:

a. Nagar Nigam Haldwani, Uttarakhan awarded in 2013

b. Surat Municipal Corporation awarded in 2017

c. Bundi, Rajasthan was awarded in 2017

In 2020, the Plaintiff, through IRWM, was awarded a tender by

Ahmedabad Municipal Corporation, Gujarat. However, due to shortage of

funds as a result of the Covid-19 pandemic, the tender was cancelled by

Ahmedabad Municipal Corporation, Gujarat. Assailing the cancellation of

 the tender, IRWM filed a suit before the Hon’ble High Court of Gujarat,

Ahmedabad and the same is pending adjudication.

9. Plaintiff’s waste management systems have been recognized in India for its

ability to effectively deal with the problem of garbage spilling out of

garbage mounds and filling the air with foul smell. Further, Plaintiff’s

underground bins has also won an award for ‘Best Practices to improve the

Living Environment 2014-15’ by HUDCO (Housing and Urban

Development Corporation, Govt. of India) for successfully implementing

the underground municipal waste collection system in the ‘Sanitation

Category’ that was open to all India municipal bodies. The award was

given away by Shri Babul Supriyo, Hon’ble Minister of State for Urban

Development, Govt. of India on the occasion of 45th Foundation Day of

HUDCO in New Delhi on Monday 27th April, 2015. A document

evidencing the above is filed in the present proceedings.

10.The global revenues for the Plaintiff for the last 5 years are as follows:

Year Revenue / Consolidated (in €)

2016 9.996
2017 10.439
2018 10.332
2019 13.800
2020 12.104
11.The revenues for Plaintiff’s operations in India for the last 7 years is

approximately INR 8 crores.

THE SUIT PATENT

12.As a market leader in the industry of waste management systems, the

Plaintiff constantly endeavors to advance and develop technology of its

machines and solutions. The Plaintiff boasts of a strong R&D mechanism

which helps it innovate technology with growing and changing needs. The

Plaintiff is the owner of 4 patents granted in various countries, to name a

few Portugal, Spain, Israel, Angola, Brazil, Russia, United States of

America, Canada, Australia, European Union.

A. PLAINTIFF’S TECHNOLOGY

13.The Plaintiff’s ‘Smart Sotkon Underground Waste Bin System’ (‘Smart

Bin’) is designed to assist in collection of municipal solid waste and is

powered with an Intelligent Monitoring Solution. The essential elements of

the Smart Bin are listed below.

a. The bins are made of precast concrete bunker having water proof,

closed construction;

b. The bins have a hydraulically fixed water tight top cover lid with

necessary provisions to lock the filling lid for secured garbage storage;
 c. The garbage is stored in containers with lifting system suitable for

collecting municipal solid waste i.e. biodegradable/organic and

recyclable.

14.The key benefits of the Smart Bin are:

a. Secure underground collection that keeps the municipal solid waste

away stray animals.

b. Eliminate spreading of foul smell.

c. Remote monitoring of underground bin fill-levels on a timely basis.

This is feature is accessible through the Smart Bin Sensor Live

platform.

d. Enable user to create more optimized collections based on the bin fill

level data.

e. The Smart Bin also alert on a near real time basis when the bins are

more than 80% full.

15. Technical Specifications (figure reproduced below)

a. The Sotkon Bin consists of high quality stainless steel intake column

with lids to deposit the waste.

b. One Steel lid with a lock for locking the raise including hinges,

gas cylinders which are necessary to help the operator to raise

and lower the lid of underground container to support the

minimum load not occupying more space than necessary that

ensures tightness of the underground container when closed

 with top layer of anti-skid material or equivalently matching to

the pavement.

c. Underground plastic or metal container with lifting system to

collect waste.

d. One Reinforced concrete bunker to be installed fully underground that

provide spade to store waste bin/container must be prefabricated to be

completely waterproof to surface and underground water.

e. The entire system is in accordance with accepted International

standards. to the standard EN13071-1 EN 13071-2.

B. PLAINTIFF’S PATENT
16.The Plaintiff is the owner of the Patent which is the subject matter in the

present proceedings. That the Patent had been filed in the name of MBE

SOTKON SL-CONTENEDORES SUBTERRANEOS PARA R.S.U which

was absorbed into another company ASFC Contentor SL. ASFC Contentor

SL underwent a name change in 2011 to Sotkon SP, SL (the Plaintiff in the

present proceedings). It is submitted that the Plaintiff has filed the requisite

name change document before the Patent office and the same has been filed

in the present proceedings.

17.A bibliographic table enumerating the details of the suit patent is

reproduced below.

Patent Number 329620

Patent Application 1909/DELNP/2011

Number

PCT International PCT/PT2008/000038

Application Number

Date of Application 8th October, 2008

Date of Publication 16th December, 2011

Date of Grant 17th January, 2020

Date of Expiry 8th October, 2028

Title Subsurface System for the Collection of

Refuse

Number of countries 7
 Patent

applied/granted in

18.The aforesaid Indian patent application was duly examined by the Indian

Patents Office as per the provisions of the Patents Act, 1970 and as all the

essential conditions (novelty, inventive step and industrial application)

necessary for grant of a patent were fulfilled, the patent was granted in

favour of the Plaintiff by the Indian Patent Office, Chennai, which is

currently in force.

19.The details of the corresponding foreign applications corresponding to the

suit patent IN’620 are as follows:

Jurisdiction Patent Status

No./Application

No.

Israel 212016 Grant

Angola 1837 Published

Brazil PI0823196-6 Grant

Russia 2011111333 Grant

U.S.A. 13.123,314 Grant

Canada 2,737,244 Grant

Australia 2008362804 Grant

European Patent 08813053 Published

20.IN’620 is a valid and subsisting patent which has remained unchallenged

and in force till the present date having never been subjected to any pre or

post grant challenge.

21. The Plaintiff has licensed the said patent to IRWM in India, and to other

third parties in Angola, Brazil and Israel for the purposes of manufacturing

the patented product. Accordingly, in India, the products under the suit

patent are manufactured by IRWM since 2017

22.The products under the suit patent IN’620 have achieved tremendous sales

both globally and in India. Since 2015, the products under the suit patent

IN’620 have achieved sales approx. INR 8 Crores in India.

C. DESCRIPTION OF THE INVENTION (SUIT PATENT: IN’620)

23.The present invention describes a subsurface refuse collection system

which comprises of an underground container, a refuse container, a deposit

bin, and a cover with automatic opening and closing which can be powered

electronically using soler energy. The container is collected by means of an

automatic crane with automatic hitching to facilitate collection. The system

is equipped with multiple devices to measure volume and weight of the

refuse deposited in the deposit bin, for the purpose of system monitoring or

improvements to the management of truck routes. It also includes a safety

 device to prevent accidental falls into the underground bunker during

collection.

24.The patent is further described through the figures detailed and reproduced

below.

a. Figure 1 represents the subsurface system in open position, comprising

of a deposit bin (1), located at a height of approximately 90 cm, a cover

(2) which opens up to 90 degrees supporting the paving, a container (3)

for collection of refuse and an underground bunker (4). The cover is

fitted with two hinges on one side and a central lock (6) on the other.

The cover is opened by means of a cylinders (8) fastened to the cover

and the underground bunker. The deposit bin (1), which has an upper

cover, may include a central lock (11) which keeps it closed. For

weighing of the refuse deposited in the container (3) or refuse deposited

in the deposit bin (1) there may be load cells (15) in the underground

bunker or load cells at the bottom of the deposit bin.

b. Figure 2 explains the detail of the central lock with safety bolt which

enable to keep the cover closed. The movement of the cover are

controlled remotely by a mobile device or by a system of the buttons

accessible only to the operator, or mobile device positioned near a radio

frequency identification post. After opening the cover, the container is

emptied by means of an automatic hitching system between the

container and automatic crane of the collection truck. The container on

each side is equipped with a set of arms, the upper extremity of which

connects to the system located at the top of the crane and at the lower

end are joined to the base which is articulated by means of hinges.

c. Figure 6 displays the subsurface system in open position with the

container (3) being lifted by the automatic crane (18) of the collection

truck (17). The top of the automatic crane is equipped with a coupling

system (21) which hitches to a set of arms (22) on each side of the

container. This coupling system (21) connected to the arms of the crane

is equipped with 1 horizontal arm (23) and two vertical arms (24).

d. When the container is removed from inside the underground bunker, a

safety device covers the entirety of the opening of the underground

bunker in order to avoid accidental falls during collection. This safety

 device is concealed against one of the walls of the underground bunker

which swings into horizontal position when the container is removed.

e. The level of refuse in the container can be monitored by means of a

mobile prove or probes located in the cover which supply the data to a

microprocessor which calculates the level of refuse as a percentage and

send this information to a central module controlling the device.

D. KEY CLAIMS OF THE SUIT PATENT IN’620

25.Claim 1 of the suit patent IN’620 reads as follows:

A subsurface system for collection of refuse comprising various

independent modules according to the type of refuse to be collected. It

consists of subsurface area, an underground bunker, and a container for

collection of refuse by means of a crane. On the surface it comprises of a

post with an input bin located at a height of around 90 cm and a cover

which opens up to 90 degrees supporting the paving by means to open and

close the cover and means to automatically hitch the automatic crane of a

collection truck to the container. This includes:

- Safety devise comprising a moving element which remains stowed

against the wall and the bunker when the container is inside the bunker

and tips into the horizontal position when the container is collected,

covering the bunker opening,

- Means to open and close the input bin,

- Means to measure the volume of refuse in the container,

- Means to measure the weight of refuse deposited in the input bin, and

- Means for automatic hitching of automatic crane of the collection bank.

The container is equipped on each side with a single set of arms, which at

their upper extremity are connected to the coupling system located at the

top of the crane, and at the lower extremity are connected to the base,

which is articulated by means of hinges. The said set of arms comprising of

a movable arm located within a fixed arm coupled to the body of the

container and both arms having at the top a groove for coupling. Said

coupling system connected to the arms of the crane having a horizontal arm

able to rotate 360 degrees and two other vertical arms which move

vertically by means of fluid operated cylinders and each of the two vertical

arms of the coupling system comprising an outer element and an inner

element which is turn both possess at each extremity a grip for coupling

said coupling being effected by means of hitching of the lower element to

the grooves on the movable arms of the container and hitching of outer

element to the grooves of the fixed arm of the container, thus, enabling

rigid and automatic lifting of the container to the emptying point by

vertically moving the inner element of the vertical arms of the coupling

system by means of fluid-operated cylinders, and by pushing or pulling of

movable arm on the container. It is thus possible to open and close the base

of the container in order to empty it of refuse and on each inner side a fixed

arm which at its upper extremity has a groove enabling it to be hitched to

the other element of the coupling system.

26.Claim 2 of the suit patent IN’620 reads as follows:

The subsurface system for collection of refuse as claimed in Claim 1,

wherein the means to open and close the cover, comprising of two hinges

on one side, a central lock on the other side and one or more gas cylinders

connected to the underground bunker and the lid, and said means include a

safety bolt positioned vertically, preventing the tab of the central lock from

turning in the presence of external vibrations which would cause the cover

to open in the undesirable circumstances and said cylinders are connected

to a button on a box located at the surface enabling automatic closure of the

cover by means of decompression for the gras from the cylinders into a

chamber and are powered by a solar system, comprising one or more

photovoltaic panels and the movements of the cover and the crane are

remotely controlled using a single device by means of continuous control

buttons.

27.Claim 9 of the suit patent IN’620 reads as follows:

The subsurface system for collection of refuse as claimed in Claims 1 and

10, wherein the means to measure the volume of refuse in a container are

equipped with one or more fixed probes fastened to the cover which enable

various levels of volume in different parts of the inside of the subsurface

container to be measured.

28.Claim 12 of the suit patent IN’620 reads as follows:

 The Subsurface system for collection of refuse as claimed in claim 1,

wherein the means to measure the weight of refuse deposited, accessible

only to specified users, comprise: a load cell (39) enabling weighing of the

user and the refuse to be deposited, placed on the cover (2) of the

subsurface system next to the input bin (1), configured in such a way that

the user must place both feet on it in order for the lock (11) at the top of the

input bin (1) to be opened, enabling refuse to be deposited and a

microprocessor which receives the information regarding the weight

measured by the cell before and after refuse is deposited, calculates the

weight of refuse as a percentage, and sends it to a central module

controlling the management of refuse collection, via communication

device.

PLAINTIFF’S COPYRIGHT

29.The Plaintiff, as part of its brochures and advertising material, has designed

and created drawings and illustrations that explain the functioning of the

Plaintiff’s product. These drawings and illustrations constitute ‘original

artistic works’ of the Plaintiff within the meaning of Section 2(c) of the

Copyright Act, 1957 and the Plaintiff is entitled to the exclusive rights in

the same in terms of Section 14(c) of the Copyright Act, 1957. A few

examples of such drawings/illustrations are filed in the present

proceedings. In particular, the following drawings/illustrations appears in

the Plaintiff’s instruction manual published in 2010. The instruction

manual has been filed in the present proceedings, which illustrates the

collection process of containers, according to the Plaintiff’s invention.

Additionally, the Plaintiff is also the owner of copyright in certain

photographs which have been reproduced below. The said photographs

depict the plaintiff’s products installed at Cucuta in Colombia and Pombal

(Portugal) and were clicked on June 2015 and in October 2013

respectively. Thereafter, these photographs were published alongside third-

party press articles on the Plaintiff’s invention in June 2015, which are filed

in the present proceedings.

30.The above photographs of the Plaintiff constitutes ‘original artistic work’

of the Plaintiff within the meaning of Section 2(c) of the Copyright Act,

1957 and the Plaintiff is entitled to the exclusive rights in the same in terms

of Section 14(c) of the Copyright Act, 1957.

A. Image no. 1 consists of a photograph of the of the Plaintiff’s product

that was published in the an article accessible through the link

https://www.laopinion.com.co/cucuta/barrios-nuevos-de-cucuta-

tendran-basureros-soterrados. The photograph is of Plaintiff’s product

installation in Cucuta in Colombia.

B. Image No. 2 was published on the Plaintiff’s earlier version of the

website, www.sotkon.com, under the category of media-photos in

February, 2015. Screenshot of Plaintiff’s website captured by

www.web.archive.org is filed along with the suit.

ABOUT THE DEFENDANTS

31.The Defendant No.1 and Defendant No.2 are companies registered under

the laws of India and Defendant No.3 is a partnership firm. Defendant No.1

provides services in the waste management industry. Defendant No.2 is

engaged in the distribution of homebuilding products such as kitchen bins,

water tanks, waste management systems, etc. The Defendant No.3 is a joint

venture of Defendant No.1 and Defendant No.2 and is verily believed to be

engaged in providing waste management services. The instant suit arises

from tender bids submitted by the Defendants, through Defendant No.3,

pertaining to detailed Engineering, Supply, Construction, Installation,

Testing and Commission and Comprehensive Operations & Maintenance

of the Smart Underground Bins for Collection and Storage of Solid Waste

at Various Locations in Gandhinagar City that make it clear that the

Defendants are offering a product and system solution that squarely

violates the Plaintiff’s patent IN’620 as also the Plaintiff’s copyrights in

proprietary images of the said product and system.

DEFENDANTS’ INFRINGING ACTIVITIES

32.The Plaintiff’s attention was first drawn to the Defendants’ activities when

IRWM came across the offer presented by the Defendant No.1, on behalf

of the Defendants, in a tender pertaining to ‘Detailed Engineering, Supply,

Construction, Installation, Testing and Commissioning and Comprehensive

Operations & Maintenance for 5 years of the Smart Underground Bins for

Collection and storage of Solid Waste at Various Locations in Zone 1 &

 Zone 2 of Gandhinagar City’. The bid offer appeared to have been

submitted by the Defendants in November 2020. The Plaintiff analyzed the

tender bid and documents submitted by the Defendants and discovered that

the Defendants had not only misused photographs of the Plaintiff’s

products, drawings and illustrations from Plaintiff’s brochures, but that the

technical specification of the products allegedly being offered by the

Defendants squarely infringed the Plaintiff’s patent IN’620.

33. A comparison of the photographs/ illustrations accompanying the

Defendants’ tender bid submission and the Plaintiff’s original copyrighted

works is below:

PLAINTIFF DEFENDANT’S MISUSE

.
 It is pertinent to note that the Defendants, in Pre-Qualification Bid

Covering letter have declared that all information and details furnished in

the tender document are true and correct, and all documents accompanying

are true copies of their respective originals.

34.Further, the manner in which the Defendants have defined the process of

underground smart bin system in the tender documents, it is evident that the

Defendants are infringing the Plaintiff’s patent. The Defendants, along with

their tender documents, provided technical specifications of underground

bins for models with capacity of one cubic meter (1m3) and three cubic
 meter (3m3). The characteristics of the underground waste bin as per the

technical specifications, as mentioned below.

(i) The underground bins will be,

a. made of light weight galvanized steel and/or as per specification

to make it durable to adjust to local climatic condition and

waste characteristics.

b. closed bottom, waterproof and good quality.

c. with suitable provision to lift the container through a hook using

the crane fitted on the compactor truck.

d. with a provision of 2 separate opening to received solid waste

(ii) The top cover lid shall be fixable in watertight conditioning with

necessary provision to lock.

(iii) The Underground Bin is claimed to also be fitted with a bin fill

level sensor including automated software. The system will use

ultrasonic sensor and a web portal to provide information on the

state of filling in each container. The software will show ‘Route

Planning’ mode which shall indicate the containers to be emptied

and the most efficient route.

35.A comparison of Defendants’ technical specification and Plaintiff’s suit

patent, it is evident that the Underground Bins proposed to be

manufactured by the Defendants is infringing Plaintiff’s suit patent. A

comparison of the Defendants’ graphical representation of the underground

bins and the Plaintiff’s suit patent along with other common elements of

the Defendants’ underground bins and Plaintiff’s patent are enlisted below.

Defendants’ Bid – Annexure Plaintiff’s Claim / Drawings

22

Following photograph shows Schematic side view of the subsurface

system in the open position
Page 14

Technical Specifiction of Claims from suit patent

Underground Bins
Page 7 - The underground bin Claim 1: A subsurface system for

will be with a provision of 2 collection of refuse comprising various

separate opening to receive the independent modules according to the

solid waste by the users, type of refuse to be collected,

municipal workers at street- consisting of a subsurface area, an

level and door-to-door underground bunker (4) and a

collection from households and container for collection of the refuse

commercial establishments (3) by means of a crane (18), on the

collected by hand/tri-cycle cart. surface a post with an input bin (1)

The underground bin shall be located at a height of around 90 cm

with suitable provision to lift the and a cover (2) which opens up to 90

container through a hook using degrees supporting the paving by

the crane fitted on the means to open and close the cover (2)

compactor truck. and means to automatically hitch the

The underground bin shall be automatic crane (18) of a collection

with suitable provision for truck (17) to the container (3)

emptying the container through characterised in that it includes:

standard compactor bin lifting - safety devices comprising a moving

device element (33) which remains stowed

against the wall of the bunker (4)

Page 9 – Prefabricated concrete when the container (3) is inside the

bunkers: bunker (4) and tips into the horizontal

The entire unit should be position when the container (3) is

installed in a suitable design collected, covering the bunker (4)

reinforced concrete bunker. opening,

- means to open and close the input bin

(1),

- means to measure the volume of

refuse in the container,

- means to measure the weight of a

 container,

- means to measure the weight of

refuse deposited in the input bin (1),

and

- means for automatic hitching of the

automatic crane (18) of the collection

truck (17) to the container (3)

equipped on each side with a single set

of arms (22), which at their upper

extremity are connected to the

coupling system (21) located at the top

of the crane (18), ….

Page 7 – Technical Specifiction Claim 2: subsurface system for

of Underground Bins: collection of refuse as claimed in

The top cover lid of the claim 1, wherein the means to open

underground bin shall be fixable and close the cover (2), comprising

in water tight condition with two hinges (5) on one side, a central

necessary provision to lock. lock (6) on the other side and one or

more gas cylinders (8) connected to

the underground bunker and the lid,

and said means include a safety bolt

(7) positioned vertically, preventing

the tab of the central lock (6) from

 turning in the presence of external

vibrations which would cause the

cover (2) to open in undesirable

circumstances and said cylinders (8)

are connected to a button (40) on a box

located at the surface enabling

automatic closure of the cover by

means of decompression of the gas

from the cylinders into a chamber (41)

and are powered by a solar system

comprising one or more photovoltaic

panels (10) and the movements of the

cover (2) and the crane (18) are

remotely controlled using a single

device by means of continuous control

buttons.

Page 11 - Bin fill level sensor Claim 9. The subsurface system for

including automated software collection of refuse as claimed in

The fill level management and claims 1 and 10, wherein the means to

route planning shall be carried measure the volume of refuse in a

out by a system that uses an container are equipped with one or

ultrasonic sensor in a web portal more fixed probes (12) fastened to the
 to provide information on the cover (2) which enable various levels

state of filling in each container. of volume in different parts of the

Each sensor shall be protected inside of the subsurface container (3)

against impacts and placed to be measured.

inside the container.

Claim 12. The subsurface system for

collection of refuse as claimed in

claim 1… …calculates the weight of

refuse as a percentage, and sends it to

a central module controlling the

management of refuse collection, via a

communication device.

36.Immediately upon gaining the said information, the Plaintiff addressed

legal notices dated 4th December 2020 to Defendant No.1 and Defendant

No.2. In the legal notices, the Plaintiff informed the Defendant No.1 and

Defendant No.2 that it is the owner of Indian Patent Number

1909/DELNP/2011 (IN’620) which is for an underground waste container

system. The Plaintiff further stated that the Plaintiff became aware about

Defendant No.1 and Defendant No.2’s infringing activities through the

tender offer presented by the said Defendants and that a perusal of the

tender documents indicated that the said Defendants have used, without the

Plaintiff’s permission, drawings, photographs and pictorial representations

 of Plaintiff’s product which amounts to violation of Plaintiff’s intellectual

property rights. The Plaintiff further informed the said Defendants that they

have also committed acts of infringement of Patent IN’620. In view of the

same, the Plaintiff called upon the said Defendants to refrain from using

advertising, producing and selling any products that violates the Plaintiff’s

patent and other intellectual property rights. The legal notices were

successfully delivered to the Defendants; however, the Defendants chose

not to reply to the same.

37.It is submitted that the Defendants being in the same industry as the

Plaintiff, is well aware of Plaintiff’s products, its inventive technology and

presence in India. The Defendants have made no effort in developing its

own novel products and have copied a market leader’s designs in order to

secure higher sales by undue means. This clearly amounts to unfair

competition.

38.That pursuant to sending the legal notices to the Defendants the Plaintiff’s

bidder in the tender, M/s Jigar Transport Corporation, addressed a letter

dated 19th December 2020 to Deputy Municipal Corporation, Mayor and

Chairman (Standing Committee) of Gandhinagar Municipal Corporation

raising objections with respect declaration of Defendant No.3 as the lowest

bidder (L-1). M/s Jigar Transport Corporation brought to Gandhinagar

Municipal Corporation’s notice the above-mentioned infringing acts of the

Defendants and requested that in view of misusing the proprietary

 images/photographs of the Plaintiff and infringing the Plaintiff’s patent, the

Defendant No.3 ought to be disqualified from the tender process. The

Gandhinagar Municipal Corporation has not replied to this letter till date.

The Plaintiff’s follow up thereafter revealed that the project had in fact not

progressed further on account of Covid 19.

39.However, it has recently come to the Plaintiff’s knowledge that the tender

has been awarded in favor of the Defendants and in July 2021, the Plaintiff

became aware that the Defendants have started procuring various parts for

the underground bins from a vendor to begin construction of the

underground bins. Additionally, the Defendants have also sought design

approvals for underground waste collection system from the municipality

before commencing the installation process. Thus, the Plaintiff is praying

for urgent orders to restrain the Defendants from misappropriation of

Plaintiff’s intellectual property rights. That the Plaintiff, through its

constituted attorney has submitted an application under the Right to

Information Act, 2005 to obtain the requisite submissions made by the

Defendants pursuant to the floating of the tender. The Plaintiff seeks liberty

to file the relevant documents as and when received by them.

40.It is apprehended that the Defendants are manufacturing and selling Smart

Underground Bins for Collection and storage of Solid Waste which

infringe the Plaintiff’s registered Indian patent no. 329620. Plaintiff has the
 exclusive statutory right to inter alia manufacture, sell or deal in products

which are covered by the said registered patent.

41.That the Plaintiff enjoys copyright in the distinct photographs and technical

description of its patent products. These photographs and technical

specifications qualify as ‘original artistic works’ within the meaning of

Section 2(c) of the Copyright Act, 1957 and the Plaintiff is entitled to the

exclusive rights in the same under Section 14(c) of the Copyright Act,

1957. The Defendant has slavishly copied the Plaintiff’s photographs and

technical specifications. The unauthorised reproduction and commercial

use of the same amounts to gross violation of copyright of the Plaintiff.

42.In light of the foregoing and the aggregate of factors outlined above, it is

clear that the Defendants are infringing, misappropriating and unlawfully

using the Plaintiff’s intellectual property rights to cash in on the

commercial success of the Plaintiff’s innovative products. The Defendants

are not only infringing the Plaintiff’s statutory rights in the patent, but have

maliciously adopted several of the distinctive photographs and technical

specifications of the Plaintiff’s patent products to give off an overall

impression to customers that their products originate from the Plaintiff or

they have the license from the Plaintiff.

43.The Plaintiffs have spent significant amount of time and resources not only

on the development of the abovementioned product but for its adaptability

 in India as well. The award and wide media coverage for projects

completed by the Plaintiff in Surat and Haldwani show its successful

implementation. The Defendants on the other hand has made no effort in

developing its own novel products instead have copied a market leader’s

designs in order to secure higher sales by undue means. Therefore, the

Defendants’ acts additionally also amount to unfair competition.

44.The Plaintiff submits that they have suffered and are likely to suffer

incalculable losses, both tangible and intangible to their business, goodwill

and reputation on account of the acts of the Defendants. More specifically,

the Plaintiff is claiming damages under the following heads:

(a) Loss of business or sales due to the infringement of patent by the

Defendants.

(b) Loss of business or sales due to the infringement of copyright by the

Defendants.

(c) Loss of the statutory right to exclusively apply their registered patent to its

products and commercialise the same, and consequential business losses.

(d) Loss of the confidence or trust of the customers, investors and other trade

partners of the Plaintiff as a consequence of the dilution of the Plaintiff’s

brand value and market positioning on account of non-exclusivity of the

Plaintiff’s unique patent.

(e) Exemplary damages due to the blatant disregard to principles of fair-

trading by the Defendants.

 The total damages sought are Rs. 2,00,01,000/-.

CAUSE OF ACTION:

45.The Plaintiff submits that the cause of action arose for the first time in the

month of December, 2020 when the Plaintiff came across the Defendant’s

tended bid offer. The cause of action further arose in July, 2021 when it

came to the Plaintiff’s knowledge that the tender has been awarded in favor

of the Defendants and that the Defendants have started procuring various

parts for the underground bins from a vendor to begin construction of the

underground bins. The cause of action continues to arise until the

Defendants are permanently restrained by a decree of this Hon’ble Court

from manufacturing and selling the infringing products.

JURISDICTION:

46.This Hon’ble Court has the jurisdiction to try and entertain the present suit

under Section 20(b) of the Code of Civil Procedure, since Defendant No.2

resides and carries on business for gain within the territorial jurisdiction of

this Hon’ble Court. Further, by virtue of Section 62, Copyright Act, 1956,

the Plaintiff’s principal place of business in India is in New Delhi, within

the territorial jurisdiction of this Hon’ble Court. The effect of the

Defendants’ actions are felt the most in Delhi as the Plaintiff’s principal

place of business is in Delhi, pan India operations are centred in Delhi and

the city is thus the fulcrum of the Plaintiff’s business in India. The Plaintiff
 further submits that there is no pending litigation between the parties herein

in any forum prior to the institution of the instant suit.

COURT FEES AND VALUATION:

47.It is most respectfully submitted that the present suit is valued for the

purpose of jurisdiction and court fees as follows:

a. For an order of permanent injunction restraining infringement of patent,

this relief is valued for purposes of court fee and jurisdiction at Rs.

200/- and court fee of Rs. 20/- is affixed;

b. For an order of permanent injunction restraining infringement of

copyright, this relief is valued for purposes of court fee and jurisdiction

at Rs. 200/- and court fee of Rs. 20/- is affixed;

c. For an order of rendition of accounts, relief is valued at Rs. 200 for

purposes of court fees and jurisdiction and court fee of Rs. 20/- is

affixed;

d. For an order of delivery up, this relief is valued for the purposes of

court fees and jurisdiction at Rs. 200/- and court fee of Rs. 20/- is

affixed;

e. For an order of damages, the relief is valued for the purposes of court

fees and jurisdiction at Rs. 2,00,01,000/- and Court fees of Rs.

1,97,554/- is affixed.

48.Thus, the present suit is valued for the purposes of jurisdiction and court

fees at Rs. 2,00,01,800/- and Court fees of Rs. 2,02,000/- is affixed.

49.It is submitted that the certified copies/copies/digital downloads filed in

support of the present suit are authentic.

PRAYER

50.It is, therefore, prayed that this Hon’ble Court may be pleased to grant the

following reliefs:

i. An order for permanent injunction restraining the Defendants, their

directors/proprietor/ partners, heirs, legal representatives, successors-

in–business, agents, affiliates, distributors, servants, representatives,

affiliates or any other person claiming under or through them or acting

in concert with them products which infringe of the Plaintiff’s

registered patent no. IN 329620 in any manner;

ii. A decree of permanent injunction restraining the Defendants, their

directors, partners, proprietors, servants, agents and all others in active

concert or participation with the Defendants from using photographs

and literature from Plaintiff’s brochures and technical specification of

the products that amount to infringement of the Plaintiff’s copyrights;

iii. An order for rendition of accounts of profits directly or indirectly

earned by the Defendants from its infringing activities and wrongful

conduct and a decree for the amount so found due to be passed in

favour of the Plaintiff;

iv. An order for delivery up to the Plaintiff by the Defendants of the

entire stock of impugned products, brochures, technical specifications,

etc. in the Defendants’ possession for the purposes of

erasure/destruction;

v. A sum of Rs. 2,00,02,000/- for a decree of damages as valued for the

purposes of this suit towards loss of sales of the Plaintiff’s patent

products caused by the activities of the Defendants;

vi. An order as to the costs of the proceedings.

vii. Any further order as this Hon’ble Court may deem fit and proper in

the facts and circumstances of the case.

Plaintiffs
Through

Mr. Vishal Vig

(Constituted Attorney of the Plaintiff)

Through

Place: New Delhi Tanya Varma / Devyani Nath

Date: 30th September, 2021 Fidus Law Chambers
Advocates for the Plaintiff
F-12, Ground Floor, Sector – 8
Noida – 201301
Mob. No.: +91 – 9911167179
litigation@fiduslawchambers.com

VERIFICATION:
Verified at New Delhi on this the 29 th day of September 2021 that the

contents of paragraphs 2-15,17,19,21-28,31-33,35-38,40 are true to the best

of my knowledge and derived from the records of the Plaintiffs. Paragraphs

1,18,20,41-49 are based on legal advice received. Paragraphs16,

29,30,34,39 are based on mixed questions of fact and law. Paragraph 50 is

the prayer clause before this Hon’ble Court.

Mr. Vishal Vig

Constituted Attorney of the Plaintiff