Disposed

Trivitron Healthcare Private v. Shivram Iyer

Madras HC13 Jun 2018OSA/133/2018

Case brief

AI extract

What is this about?

The High Court of Madras disposed of Original Side Appeals filed under Order XXXVI Rule 9 O.S.Rules and Clause 15 of Letters Patent against a common order of 10.04.2017 in a suit concerning copyright and confidential information. The court directed expedited filing of the written statement and disposal of the matter within six months. Connected miscellaneous petitions were closed.

What did the court decide?

Original Side Appeals disposed; Connected miscellaneous petitions closed. Written statement to be filed within three weeks.

Trivitron Healthcare Private Vs Shivram Iyer — Intellectual Property | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.06.2018

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CORAM :

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The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE

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AND

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The Hon'ble Ms.JUSTICE P.T.ASHA

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O.S.A.Nos.133 to 137 of 2018 and C.M.P.Nos.8233 to 8243 of 2018

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Trivitron Healthcare Private Limited Rep. by its Authorized Signatory, S.Vasudevan. .. Appellant in all OSAs. (Cause title accepted vide order of this court dt.21.2.2018 and made in CMP.No.3182 to 3186/18 in OSA.SR.198/17 Elc.)

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-vs-

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1.Shivram Iyer 2.Guruprasad Bhat 3.Haresh Ahuja 4.Sanjeev Joshi 5.Uniray Medical LLP, Mumbai. .. Respondents in all OSAs.

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Appeals filed under Order XXXVI Rule 9 of O.S.Rules, read with Clause 15 of Letters Patent against the common order dated 10.04.2017 made in O.A.Nos.1192 to 1196 of 2015 in C.S.No.896 of 2015 on the file of original side of this Court.

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Prayer in O.A.No.1192/2015:-Original Application praying that this Hon'ble Court be pleased to grant a temporary injunction restraining the Respondents by themselves, their directors, partners, men, servants, agents, associates, officers, representatives, franchisees, licensees and/or all other persons acting on their behalf from in any manner infringing and/or enabling others to infringe the applicant's copy right in the computer database the documents and in each of the documents individually, specially by reproducing, issuing copies of, communicating to the Public, selling or public any other means whatsoever, the applicant's copyrighted work pending disposal of the suit.

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https://hcservices.ecourts.gov.in/hcservices/

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O.A.No.1193 of 2015:- Original Application praying that this Hon'ble Court be pleased to grant a temporary injunction restraining the respondents by themselves, their directors, partners, men, servants, agents, associates, officers, representatives, franchisees, licensees and/or all other persons acting on their behalf from in any manner utilizing and/or enabling others to utilize the Applicant's confidential information pending disposal of the suit.

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O.A.No.1194 of 2015:- Original Application praying that this Hon'ble court be pleased to grant a temporary injunction restraining the respondents their agents, servants, contractors or anybody claiming under them from directly or indirectly soliciting the customers of the Applicant pending disposal of the suit.

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O.A.No.1195 of 2015:- Original Application praying that this Hon'ble court be pleased to grant a temporary injunction restraining the respondents 1 to 4 from taking or continuing employment with competitors of the applicant so as to take advantage of the stolen confidential information of the applicant including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details/structure and customer lists pending disposal of the suit.

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O.A.No.1196 of 2015:-Original Application praying that this Hon'ble court be pleased to grant a temporary injunction restraining the respondents, their men, agents, servants, contractors or anybody claiming under them from launching any product into the market that are similar to those that has been copyrighted by the applicant pending disposal of the suit.

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C.S.No.896/15:-that this Hon'ble Court may be pleased to grant a judgment and decree of:

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A. Declaration that the plaintiff is the owner of the copyright in the computer database the documents of which are described in the *IT audit report dated 26.10.2015;

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B.Permanent injunction restraining the Defendants by themselves, their directors, partners, men, servants, agents, associates, officers, representatives, franchisees, licensees and/or all other persons acting on their behalf from in any manner infringing and/or enabling others to infringe the plaintiff's copyright in the computer database the documents of which are described in the IT audit report dated 26.10.2015 and in each of the documents individually, specifically by reproducing, issuing copies of, communicating to the public, selling or public, selling or offering for sale, adaption, or infringing by any

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https://hcservices.ecourts.gov.in/hcservices/

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other means whatsoever, the plaintiff's copyrighted work;

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*Amended vide common order dated 30.03.2016 in A 308 to 310 of 2016 in CS 896 of 2015

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C.Permanent injunction restraining the defendants by themselves, their directors, partners, men, servants, agents, associates, officers, representatives, franchisees, licensees and/or all other persons acting on their behalf from in any manner utilizing and/or enabling others to utilize the Plaintiff's confidential information;

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D.Award damages in favour of the plaintiff to the tune of Rs.2,00,00,000/- (Two Crores only) along with a future interest of 24% per annum from the date of the suit till the actual payment thereof for wilfull infringement of the plaintiff's copyrighted work;

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E.An order for rendition of accounts of profits in favour of the plaintiff and against the defendants to ascertain the profits made by the defendants on account of infringement of the Plaintiff's copyrighted work, and a infringement of the Plaintiff's copyrighted work and a decree be passed against the defendants in the sum of the amount so ascertained;decree be passed against the defendants in the sum of the amount so ascertained;

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F.Grant a permanent injunction restraining the Defendants, their agents, servants, contractors or anybody claiming under them taking or continuing employment with competitors of the plaintiff so as to take advantage of the stolen confidential information of the Plaintiff including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details/structure and customer lists;

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H.Grant a mandatory injunction directing the Defendants jointly and severally to return/submit to plaintiff all computers, tablets. storage media or any other devices which may have contained the plaintiff's confidential information including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details/structure and customer lists including all copies of the plaintiff's confidential information including trade secrets, technology, strategic, financial know how, business secrets, technology strategic, financial know how, business secrets including business plans pricing details/structure, and customer lists in whatever form it exists or is stored;

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I.Grant a mandatory injunction directing the defendants jointly

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https://hcservices.ecourts.gov.in/hcservices/

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and severally to disclose to the plaintiff where and to whom any copies of the plaintiffs confidential information including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details/structure, and customer lists were disclosed;

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J.Grant a mandatory injunction directing the Defendants jointly or severally to return to the plaintiff all copies of the Plaintiff's confidential information including trade secrets, technology, strategic, finaicial know how, business secrets including business plans, pricing details/structure, and customer lists in whatever form it exists;

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K.Grant a mandatory injunction directing the Defendants jointly or severally to undertake that all copies of the plaintiff's confidential information including trade secrets, technology, strategic, financial know how, business secrets including business plans, pricing details/structure, and customer lists in whatever form it exists or is stored have been returned to the plaintiff or destroyed;

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L.Grant a mandatory injunction directing the Defendants to provide the Plaintiff an inventory of the deffendant's Products and destroy the said Defendant's Products to the satisfaction of the Plaintiff, and to furnish an Affidavit of Compliance in respect of the same.

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M.An order for costs of the suit and connected proceedings in the suit;

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Such other or further orders as this Hon'ble court may deem fit and proper in the facts and circumstances of the present case, and thus render justice.

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We are informed by learned counsel appearing on behalf of respective parties that no settlement is possible. It would, therefore, be appropriate for this Court to expedite the trial of the suit.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The written statement, which we are informed is yet to be filed, shall be filed within three (3) weeks from date. After expiry of the time to file the written statement, the suit may be listed before the learned Single Bench for framing of issues. We request the learned Single Bench to dispose of the matter within six (6) months thereafter. Needless to mention that all formalities shall be complied with.

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The Original Side Appeals are, accordingly, disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
sra
To
The Sub Assistant Registrar,
Original Side, Madras High Court,
Chennai.
sm:26.6.2018
O.S.A.Nos.133 to 137 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

Trivitron Healthcare Private v. Shivram Iyer

Case brief

What is this about?

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Trivitron Healthcare Private v. Shivram Iyer

Case brief

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