Johnson & Johnson v. Medserve (Delhi High Court, 11 March 2025)

Delhi HC imposes ₹3.34 crore damages on Medserve for counterfeiting Johnson & Johnson’s medical devices; holds such counterfeiting a grave public health risk.

Short Description

Johnson & Johnson discovered counterfeit surgical devices being sold under their trademarks SURGICEL, ETHICON, and LIGACLIP. After raids and investigation, Medserve was found responsible. The Delhi High Court awarded heavy damages and a permanent injunction to protect patient safety.

Facts

• Complaint filed in 2019; counterfeit products traced to Medserve, operating since 2017.

• Products exported internationally through middlemen in the U.S. and UAE.

• Large stock of counterfeit medical devices seized in raids.

• Medserve even attempted bribery to avoid legal action.

Findings

• Counterfeiting medical devices is not mere trademark infringement but a serious endangerment of human life.

• Medserve acted deliberately with reckless disregard for patient safety.

• Public interest and health are paramount in IP cases involving medical devices.

Suggestions

• Strong enforcement against counterfeiters in the medical field is essential.

• Patients and hospitals must verify sources of surgical products.

• Courts should continue imposing exemplary damages to deter such offenders.

Judgment

• Permanent injunction restraining Medserve from using SURGICEL, ETHICON, LIGACLIP marks.

• Destruction of all counterfeit stock.

• Compensatory damages: ₹2.34 crore.

• Punitive damages: ₹1 crore.

• Litigation costs to be reimbursed.

Judgment Date : 11 March 2025