Patent dispute: SC grants leave to appeal

The Supreme Court yesterday granted leave to appeal against the Judgment of the Commercial High Court in S.C. Application No. 113/2011 H.C.L.A. against the refusal of an interim injunction preventing A.R. Electronics from marketing, selling and/or distributing energy efficient Charcoal Stove known as Batapola Lipa for infringing the patent (registration pending) rights of Riyad Ismail, the inventor of EZ Turbo Charcoal Stove.

Faiszer Musthapha Senior Counsel appearing for the Petitioner stated that the refusal of the interim injunction on the basis of delay and multiplicity of action was an incorrect premise for the refusal of the interim injunction in the light of the decision of the Justice Shirani Bandaranaiyake in St. Regis Packaging Vs Ceylon Paper Sacks Limited.

Petitioner was represented by Faiszer Musthapha Senior Counsel along with Niluka Perera, Isuru Balapatabendi, Kalana Jayasuriya and the Respondent was represented by Buddhika Illangathilake.