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K&K Screening Exercise

- The plaintiff P filed a patent infringement suit in the District Court of Mathura against defendant D, seeking a mandatory injunction and 1 lakh rupees in damages. - You have been asked to draft an application under Order 7 Rule 11 on behalf of D to reject the suit, citing relevant precedents and grounds. - An American client wants to terminate its arrangement with an Indian manufacturer due to delays, quality issues, and pending FDA clearance. The client faced thousands in losses and refunds. - You have been asked to draft a formal termination letter on behalf of the client to the Indian manufacturer covering all points discussed, including protecting the client's patents and withholding pending payments.

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1K views3 pages

K&K Screening Exercise

- The plaintiff P filed a patent infringement suit in the District Court of Mathura against defendant D, seeking a mandatory injunction and 1 lakh rupees in damages. - You have been asked to draft an application under Order 7 Rule 11 on behalf of D to reject the suit, citing relevant precedents and grounds. - An American client wants to terminate its arrangement with an Indian manufacturer due to delays, quality issues, and pending FDA clearance. The client faced thousands in losses and refunds. - You have been asked to draft a formal termination letter on behalf of the client to the Indian manufacturer covering all points discussed, including protecting the client's patents and withholding pending payments.

Uploaded by

Sakshi Priya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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KHURANA & KHURANA, ADVOCATES AND IP ATTORNEYS

Corporate Address: E- 13, UPSIDC Site-IV, Behind Grand Venice, Kasna Road, Greater Noida - 201308, India
Email: info@khuranaandkhurana.com
Offices: Greater Noida. New Delhi. Pune.Mumbai. Bangalore. Indore. Chennai. Hyderabad. Jalandhar
US | India | Malaysia | Thailand | Myanmar | Vietnam | Bangladesh | Nepal | Sri Lanka

Screening Exercise
Please complete BOTH the assessment exercises given below and mail us your answers within THREE
WORKING DAYS from the date of receipt of this exercise. Any delay in submission will NOT be
entertained.
Your internship will be confirmed based on the quality of work you submit. We will judge your writing skills
on the basis of your research skills and how well you are able to collate and present the facts. Application
of mind is a must hence do not copy and paste and share a draft with us. We understand that you are not a
professional drafting person however we would expect you to share your authentic and original work. ANY
COPY-PASTED ANSWERS WILL BE REJECTED AND THE APPLICANT’S PROFILE WILL BE
BLACKLISTED FROM ANY FUTURE INTERNSHIPS AT K&K.

Exercise 1
The Plaintiff named, P, has filed a Patent Infringement Suit before the District Court Mathura, as an Ordinary Civil
Suit. According to the Plaintiff, admittedly, the amount spent in Research and Development pertaining to the Suit
Patent is around Rs. 3 Crores and thus, extremely valuable to him.
In view of the above, Plaintiff has sought:
i. Mandatory injunction against the Defendant for infringement of Suit Patent; and
ii. Damages amounting to INR 1 Lakh.
Person D has been imploded as the Defendant in the said matter. You are representing Defendant named ‘D’ against
whom the allegation of infringement has been made.
Kindly draft an Application under Order 7 Rule 11 to be filed before the Mathura District Court citing the established
precedents and grounds on the basis of which the Suit is to be rejected by the Hon’ble Court.
Exercise 2
Our Client is situated in the USA. He entered into an arrangement with one of the manufacturers in India, in 2019,
who agreed to manufacture, develop and supply pharmaceutical products to our Client. The Indian manufacturer
represented to our Client before getting into the aforementioned arrangement that they have sufficient capabilities to
manufacture and deliver the purchase orders on time as mutually agreed between the Parties, and that their products
will be of the specifications provided by the Client in each purchase order. It was mandatory for such pharmaceutical
products to get due clearance from FDA as well.
However, due to Covid-19 and the subsequent lockdown, the operations at the manufacturing unit got temporarily
suspended which affected the timeline of the manufacture and delivery of the Purchase Orders. Our Client took note
of the situation, and in the hope of maintaining a cordial relationship with the Indian manufacturer decided to provide
all the possible support from his end. However, even after the lockdown got lifted, the Indian manufacturer failed to
get back on track. There were other issues too that our Client had faced with this Indian manufacturer, and he had
made up his mind to terminate this arrangement with the Indian manufacturer. There was no agreement in place
between the Parties capturing the said arrangement. All the other issues that our Client faced have been
communicated to us in the mail below:

From: Quek Lee (queklee@abc.com)


To: Khurana & Khurana Advocates and IP Attorneys
Time: December 21, 8:12 PM
Subject: Termination Letter_ Points

Please cancel all open purchase orders effective today.

After much deliberation, we are moving production to another facility. The multiple month delays in
delivering the materials has cost us thousands of dollars in refunds and lost sales.

We waited eight months for some materials and waited three to four months for others. We cannot
maintain a stable supply chain not knowing if or when we will get materials. It is also clear that the
procedures used are not perfected and need to be perfected before more production can begin.

Lastly, this last lot of materials has been flagged for non-conformance and production is now on hold
until all testing is done. The holiday break here means we will not know until after the 3rd of January.

I appreciate everything XYZ has done for us in the past and the efforts to provide materials for
us. We would continue to buy calcium salts from XYZ if that is allowed.

Please let me know if it is acceptable for XYZ for us to buy calcium salts? We can replace the now
canceled PO’s with new ones for calcium salts.

From: Khurana & Khurana Advocates and IP Attorneys


To: Quek Lee (queklee@abc.com)
Time: December 21, 09:14 PM
Re: Termination Letter_Points
Thanks Quek, we can prepare a formal letter on these lines, should we also say that you would not
infringe the IP of the Client/Us, and not manufacture for any other company/third party that would
result in a conflict of interest or infringement of any IP or confidential information or know-how of
ours?

Regards
K&K

From: Quek Lee (queklee@abc.com)


To: Khurana & Khurana Advocates and IP Attorneys
Time: December 22, 10:12 AM
Subject: Termination Letter_ Points

We can document everything in dozens of emails with XYZ.

We owe some balance to XYZ right now, I am not sure how much the accountant is
checking.
Can we hold up payment on these until this is settled?

Yes, please add language about protecting our patents in India.

I need to give approval to the new company, but hesitate to do so until this is settled.

Regards
Quek Lee

Please go through the conversation above and draft a formal Letter of Termination on behalf of Quek Lee,
covering all the necessary points. This Letter will be sent by Quek Lee to XYZ.

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