Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1970 - s .. 64(1) Patents Act 25(2) - Patent infringement suits - Revocation of patents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Patents Act, 1970 - s .. 64(1), 25(2) - Patent infringement suits - Revocation of patents - Simultaneous proceedings against the patent - Dispute over licensing agreement between the appellant-patent holder and respondents - Respondent filing revocation petitions before the Appellate Board seeking revocation of patents held in the name of appellant and appellant filing patent infringement suits before the High Court - Thereafter, respondents filing counter claims to.Jhe patent infringement suits and continued to pursqe .({Jvocation petitions before Appellate Board - Perusal of both the remedies same time to assail grant of patent - Entitlement of - Held: Where infringement suits were filed by appellant, before the revocation petition were filed by the respondents, the respondents had the right to file counter- claim to seek revocation of the patent u/s. 64(1)- Having once filed a counter-claim, in response to theĀ· infringement suit, it would not be open to the respondents to file revocation petition, it would be barred by the rule of res judicata - Revocation petitions filed later in point of time, than the institution of the infringement suit, would be unsustainable in law - In such cases, the prayer for revocation of the patent shall be adjudicated, while disposing of the counter-claim filed by the respondents - While counter-claim will have to be permitted to be pursued, the revocation petition cannot be permitted to be continued - Thus, only one out of two remedies available u/s. 64, can be availed of, so as to assail _the grant of a patent - Said remedy may be availed of in the capacity of either 'any person interested', or in the capacity of a defendant in a counter-claim - Having consented to one of the available remedies postulated under law, it would not be open to either of the consenting parties, to seek redressal from a forum in addition to the consented forum - On facts, consent order passed by the High Court that the infringement suits and counter claims pending between the parties should be consolidated, being on the subject of procedure, and being before a forum which had the statutory jurisdiction to deal with the same is affirmed and was justified - Res judicata - Intellectual property.Words and phrases: 'any person interested' - Meaning of, in the context of s. 64(1), 25(2) and 2(1)(t) of the Patents Act, 1970. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2014 INSC 416 |
Petitioner | Dr. Aloys Wobben & Anr. |
Respondent | Yogesh Mehra & Ors. |
SCR | [2014] 9 S.C.R. 94 |
Judgement Date | 2014-06-02 |
Case Number | 6718 |
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