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.
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for “Counterclaim”
Communication Components Antenna Inc. v. Rosenberger Hochfrequenztechnik GmbH & Co. KG & Ors.
After trial, a patentee who defeats a revocation counterclaim and proves infringement is entitled to a permanent injunction and compensatory damages, which may be calculated on the defendant's disclosed sales.
AntennaDamagesPatent InfringementPermanent InjunctionTrade MarksKedar Nath Mishra v. Invision Medi Sciences Pvt. Ltd.
In a passing-off claim, prior use alone is not enough: the claimant must show goodwill and reputation in the mark before the defendant's adoption, and an injunction without such a finding cannot be sustained.
BONRICHGoodwillInterim Injunction Set AsidePassing OffPatentsMerck Sharp & Dohme Corporation & Anr. v. Glenmark Pharmaceuticals Ltd.
Where infringement of a pharmaceutical patent is established at trial, the patentee is entitled to a decree and actual costs; damages require a framed issue and proper evidence.
Actual CostsCounterclaimPatent InfringementPharmaceutical PatentPatentsTelefonaktiebolaget LM Ericsson (Publ) v. Lava International Ltd.
An implementer that fails to negotiate in good faith may be treated as an unwilling licensee and held liable for damages equal to the FRAND royalty on standard-compliant end products, assessed primarily from comparable licences.
Comparable LicencesDamagesFRANDPatent InfringementPatentsVersuni Holding B.V. v. Maya Appliances Private Limited & Anr.
Where a defendant has already sought revocation by counterclaim in an infringement suit, it cannot simultaneously pursue a separate revocation petition on the same patent; the remedies under Section 64 are alternative.
CounterclaimElection of RemedyParallel ProceedingsRevocation Petition