Law:

Section:

(a) Patents Ordinance (LXI of 2000)--Ss. 61(1)(b), 39, 58 & 69---Relief in suit for infringement of patent---Scope---Manufacturer of pharmaceutical product--Identical manufacturing process of the product---Original patent of appellants had expired---Application for interim injunction by the appellants---Notwithstanding the admissions made by the appellants, it was an established fact that they had a process registered under Patent Laws and that the respondent admitted its product to be identical to the appellants' product---Statutory presumption under S.61(1)(b) of the Patents Ordinance, 2000, was attracted to the facts of the case---Statutory presumption under S.61(1)(b) of the Ordinance was available to the appellants' patent, and therefore, it was necessary that the interests of the appellants be duly secured during the period that prima facie evidence on its patentability was brought before the Trial Court to explain and displace' the admissions of the appellants brought on record---Such reasoning would not support the grant of interim injunction to the appellants at the present stage (first appeal from order), however, that could not authorize the respondent to manufacture and sell its product without establishing the originality of its manufacturing process and, ' thus, its bona fides---Respondent, to exonerate itself from the burden of the statutory presumption, must disclose and establish its process for developing its allegedly infringing product, which could be established by the process of reverse chemical analysis of the respondent's allegedly infringing product, wherefrom a fairly accurate picture about the process employed by the respondent could be obtained---Two facts namely, expiry of original patent of the appellants and the statement that the product of the expired patent was the active ingredients of the appellants' product had diminished the appellants' prima facie case for an immediate injunctive order---Refusal to issue injunctive order was also justified for a very weighty reason that was the plea of public interest adopted by the respondent which tilted the balance of convenience in favour of respondent, as respondent had stated…

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