Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
6 results
for “Revocation”
Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries
An improvement on a device or process already known must involve more than a routine workshop improvement; it must independently satisfy the tests of novelty and inventive step by producing a new result, a new article, or a better…
Inventive StepNoveltyObviousnessPatent RevocationPatentsDr. Aloys Wobben & Anr. v. Yogesh Mehra & Ors.
Section 64(1) of the Patents Act, 1970 grants alternative, not cumulative, remedies for seeking revocation of a patent: a petition before the Appellate Board, or a counter-claim in an infringement suit. Once a person interested el…
Counter-claimElection of RemediesPatent LitigationPatent RevocationPatentsF. Hoffmann-La Roche Ltd. & Anr. v. Cipla Ltd.
A patent claim for a chemical compound is not to be narrowed to a specific polymorphic or crystalline form merely because the specification discusses particular polymorphs, where the claim itself is drafted broadly to cover the co…
Claim ConstructionPatent InfringementPharmaceutical PatentPolymorphPatentsFMC Corporation & Ors. v. Natco Pharma Limited
In a quia timet action under Sections 48 and 108 concerning a soon-to-expire patent, where the defendant has raised a substantial, non-frivolous challenge to validity through a pending revocation petition and has already commenced…
Interim InjunctionNoveltyPatent InfringementPrior ArtPatentsKoninklijke Philips N.V. v. Maj. (Retd.) Sukesh Behl & Anr.
A defendant cannot avoid liability for infringing a standard essential patent by pointing to the existence of obligations to license on fair, reasonable and non-discriminatory terms; once essentiality and infringement are establis…
DamagesFRANDPatent InfringementSection 3(k)PatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent Eligibility