It is imperative for the plaintiff to prove that the process of manufacture adopted by the defendant or that such imitation amounts to infringement. This duty rests on the plaintiff, so as to establish the infringement suit prima facie. Undoubtedly, the question of infringement of a patent is a mixed question of law and fact. In this scenario the ruling of the Madras High Court in FDC Limited & Ors v Sanjeev Khandelwal & Ors 2007 (35) PTC 436 (Mad), that ex parte injunctions be granted only after an effective judicial scrutiny of both oral as well as documentary evidence, becomes of paramount importance.