- (1.) The present matter arises out of a Suit filed by the petitioner before us - an Israeli Company against the respondents for infringement of copyright. The plaint contains an allegation that the plaintiff has secured a registration in the USA for the sixth version i.e. version 6.0 of its Advisor software, bearing registration No. TX 8-252-522, the text whereof includes programming from all previous versions.
(2.) The present proceedings arise out of a temporary injunction application, which was originally dismissed by the learned Commercial Judge at Vadodara, by his order dated 22.09.2017. Thereafter, the matter has travelled to this Court twice, and to cut a long story short, one Mr. Robert "Bob" Zeidman was appointed an expert to look into whether the software used by the respondents has, in fact, been copied from this version 6.0 of the plaintiffs. Ultimately, this Court, by its judgment dated 30.07.2018, framed two issues thus: "(I) The propriety and correctness of the order appointing said Mr. Zeidman as an expert in the matter; and (II) Whether the scope of the comparison ought to be restricted to version 6.0 in respect of which the plaintiff has registered copyright."
(3.) This Court continued with Mr. Zeidman as expert, and then made it clear that the infringement of registered copyright will be restricted only to version 6.0 stating, that nothing had been decided on merits. Mr. Zeidman thereafter visited India and came out with a report dated 22.03.2019 in which he stated that he was not able to "fully complete" the investigation so as to give a complete report.;