Delhi HC Grants Interim Relief Against Kengic Intelligent Technology

Delhi High Court injuncts Chinese warehouse automation Company from importing and selling infringing pre-sortation machines in India.

On August 2, 2024, the Delhi High Court granted interim relief against Kengic Intelligent Technology Co. Ltd. a Chinese warehouse automation company, which is found to be infringing upon a patent granted to Falcon Autotech for integrated pre-sortation system.

Falcon Autotech, a leading warehouse automation company in India, developed an advance pre-sortation system, which improves the product delivery systems in the logistic sector. These systems are supplied to customers such as Delhivery, Flipkart and XpressBees. In 2021, Falcon Autotech was granted a patent for its  integrated pre-sortation system. Recently, Falcon Autotech found out that the Chinese entity has supplied an identical machine to one of its customers and upon thorough inspection, it was concluded that the Chinese entity has replicated Falcon’s patent system. Falcon has brought to the notice of the Court that despite claiming office and employees in India, Kengic has not registered itself as a ‘Foreign Company’ in India and is operating in a clandestine manner. In the detailed order passed by the Delhi High Court, the Court has also observed that the Chinese entity had an Indian subsidiary until 2021, which was closed down on account of its inability to do business in India.

Finding a strong prima facie case in favour of Falcon Autotech on account of blatant patent infringement and the clandestine operations of the Defendant in India, the Cout has restrained Kengic China and its employees, representatives, dealers, distributors and franchisees from manufacturing, importing, selling, offering for sale, advertising, exhibiting, promoting, in any manner, infringing products or any product, which infringes upon the Suit Patent being Patent No. IN410846, i.e., “An Integrated Pre-Sortation System”.
 
Falcon Autotech was led by Sandeep Sethi, Senior Advocate, who was briefed by Subhash Bhutoria of LAW SB.