HC grants protection to J Mitra's diagnostic kit

The Delhi High Court has granted protection to J Mitra Company's HCV TRI-DOT, a device used in detection of Hepatitis C, while refraining Span Diagnostics from making or selling any product violative of Mitra's patent on the diagnostic kit. "The defendant (Span Diagnostics) and its agents are restrained from manufacturing, selling, offering for sale or in any manner dealing with the impugned product Signal HCV or any other product violative of the plaintiff's (J Mitra's) patent," Justice Sanjay Kishan Kaul said. J Mitra Company's application for the grant of patent for the HCV TRI-DOT was opposed by Span Diagnostic, but the Assistant Controller of Patents and Designs granted the patent to J Mitra in September 2006. The High Court has passed the judgement on a lawsuit filed by J Mitra against Surat-based Span Diagnostic seeking injunction against the manufacture of Signal HCV which, J Mitra alleged is a copied device its HCV TRI-DOT. J Mitra through its counsel Pratibha M Singh had submitted that the patent over HCV TRI-DOT, a device for detection of antibodies to Hepatitis C Virus, has been infringed by Span Diagnostic which copied its product. It was submitted that all components of the plaintiff's (J Mitra) test device HCV TRI-DOT form an integral part of defendant's (Span Diagnostic) product Signal HCV, the suit said. J Mitra developed Hepatitis C diagnostic kit which would enable the disease to be diagnosed within 10-15 days after the virus enters the human body, the company said.

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