...relief under S. 106 for infringement of a patent shall be instituted in the District Court and not in any Court inferior thereto. The proviso lays down that where a counterclaim for revocation of the...patent is made by the defendant, the suit, along with the counterclaim shall be transferred to the High Court for decision. The question is whether there is in this case a counter-claim set up by the...defendant seeks also that the patent asserted by the plaintiff be revoked. It is only when there is a counterclaim seeking revocation of the patent that the jurisdiction of the District Court is ousted. The...

...raise as a “counterclaim”, a prayer for the revocation of the patent, which constituted the basis of the “patent infringement suit”. After the appellant had filed the abovementioned “infringement...interested or of the Central Government by the Appellate Board or on a counterclaim in a suit for infringement of the patent by the High Court on any of the following grounds, that is to say...same legal contentions, namely, that the defendant in an “infringement suit”, having raised a “counterclaim” seeking revocation of a patent, the validity of such a challenge can be determined only at...

.... When the counterclaim is not pressed and being withdrawn, the suit proceedings shall be required to be decided as if there is no counterclaim. This Court assumed jurisdiction of the patent suit by...advocate Mr.Thakore that when applicant no.2 has filed post-grant proceedings under Section 25(2) of the Patents Act, 1970 (the Act) before the counterclaim was filed, how the counterclaim for...revocation of patent in the suit was maintainable in view of the decision of the Hon'ble Supreme Court in the case of...

...purported, in respect of a counterclaim made by the defendant, to revoke the patent. There was an appeal, but the particular question with which I have to deal now was not raised or discussed by their...the Supreme Court by way of counterclaim in the action for the revocation of the patent. 2. In view of the fact that the petitioner had no notice of and was not made a party to that...the learned Judge having acceded to the defendant's counterclaim, and granted him revocation of this patent without reference to the provisions of Sections 26 and 27 of the Act. Section 27(1) reads as...

...the amount. By way of counterclaim, it was alleged that for the fault on the part of the Bank in not renewing the Patent Right of the appellant, he has suffered a loss of the amount of Rs. 2,00,000....) AS regards the counterclaim, it appears that the appellant hypothecated even his Patent Right of the articles invented with the Bank as security for the amount. The licence was renewable from time to...of the respondent but also dismissing the counterclaim filed by the appellant. (3.) BEING dissatisfied, these two appeals have been preferred. The State Bank of India filed a suit...

...party interested either to file revocation petition before IPAB or to file counterclaim for revocation of patent in the suit for infringement and when before filing of the infringement suit, the...for infringement of patent, it is always open to the defendant to ask for revocation of the patent on counterclaim but, if he has already filed revocation petition before IPAB prior to infringement...engrafted in provisions of Section 26 thereof, was available only before the High Court, either by way of filing revocation petition or on counterclaim in patent infringement suit. However, the said Act, in...

...contested by the Firm. The Firm also challenged the validity of the patent and lodged counterclaim for revocation of the patent. In view of the counterclaim, the suit has been transferred to the High...R.M Doshit, J.— Heard the learned advocates. This appeal, preferred under Clause 15 of the Letters Patent, arises from the judgment and order dated 1-1-2009 passed by the learned Single Judge...Phosphorus Limited, a public limited company (hereinafter referred to as “the Company”). The Company also manufactures the chemical phosphorus pentachloride. The Company is the owner of Patent No. 172459...

...vests in a District court, proviso to Section 104 clearly states that where a counter-claim for revocation of the patent is made by the defendant in the suit, the suit along with the counterclaim shall be...district Court having jurisdiction to try the suit : provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counterclaim, shall be transferred...as legislative mandate that I have no hesitation in coming to the conclusion that the moment the counterclaim for revocation of patent is filed, the district Court ceases to have the jurisdiction to...

...to Section 104 clearly states that where a counter-claim for revocation of the patent is made by the defendant in the suit, the suit along with the counterclaim shall be transferred to the High Court...a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counterclaim, shall be transferred to the High Court for decision.”7. In Section 107 of.... It is based on such clear legislative intent as well as legislative mandate that I have no hesitation in coming to the conclusion that the moment the counterclaim for revocation of patent is filed...

...plaintiff's patent. 4. On the same day on which the defendant put forth a counterclaim by its written statement, the learned Judge of the City Civil Court passed an order that as the...revocation of the patent granted to the plaintiff and counter claim is put forth at a time when the patent was not sealed. Counterclaim in each suit was put forth through written statement Exh. 6 in...the counterclaim is put forth at the time when the patent is still not sealed and the plaintiff had committed error in rushing to the Court before he could complain of infringement of its patent, same...

...as grounds for revocation. Though the impugned judgment upholds the validity of IN240893 on all grounds pleaded in the Counterclaim and issues framed, yet it invalidates the Appellant's patent...in CS(COMM) No.977 of 2016, to the extent that it invalidates the Appellant's patent, numbered Indian Patent Number IN240893 (hereinafter, "IN240893"), on the ground under Sections 64(1)(h) and (k...) of the Indian Patents Act, 1970 (the "Act 1970"), while adjudicating, and decreeing, the Counterclaim. 3. Learned senior counsel for the Appellant states that there...

...supplying Dr. Reddy the active pharmaceutical ingredient.4. Natco as well as Dr. Reddy filed counterclaim in the suits, impugning the patent in favour of Hoffmann.5. Separate....28. Similarly, a written statement to such counterclaim would require the patentee to plead why the invention got registered as patent is not or would not be obvious to the person skilled in the....3. Hoffmann filed CS(OS) No. 2465/2009 (new number CS(COMM) No. 29/2016) to restrain Natco from infringing the drug patent of Hoffmann. Hoffmann thereafter filed CS(OS) No. 81/2010 (new number CS...

...patent.SUIT, WRITTEN STATEMENT, COUNTERCLAIM AND SECTION 64Meanwhile, on 31 May, 2007 the writ petitioner filed a Title Suit (T.S No. 04 of 2007) in the court of the...made for revocation of patent by the defendant, the suit, along with the counterclaim shall be transferred to the High Court for decision. Furthermore, Section 107 provides that in any suit for...infringement of a patent, any ground for revocation of a patent under Section 64 shall be available as a ground of defence. Section 117G provides that when such a suit with a counterclaim is pending before...

...respondents (as defendants in the "infringement suit"), the respondents had the right to file "counterclaim(s)" to seek revocation of the patent under the...law from seeking the revocation of the patent (on the basis whereof an "infringement suit" has been filed against him) through a "counterclaim". This denial of the remedy granted...seeking invalidity of the subject patent in the Himachal Suit." 6. A perusal of the written submissions filed on behalf of the respondent no. 2, which were...

...raise a counterclaim, so as to enable him to raise a challenge, to the validity of the patent assigned to the author of the suit (under...Section 64 of the Patents Act). This is so, because a counterclaim can be filed only by such person, against whom a suit for infringement has been filed (by ..., using, offering for sale, selling and/or importing the impugned product FM 120 CONEXUS or any other product which is covered by the subject patent No. 307249 in India causing...

... 25. Issue No. 5 and 6 relate to the issue of invalidity of the Suit Patent. Insofar as Issue No.6 is concerned, the Defendant filed a counterclaim seeking revocation of the Suit Patent...have been filed along with the counterclaim of the Defendant would show that the Defendant relies upon the following three documents to allege that the Suit Patent is invalid and is liable to be revoked...mechanism, therefore, as sought to be distinguished in the written statement to the counterclaim would reveal that the suit patent though may be achieving the same result of cutting of the heating of...

...hearing of this appeal. First it was contended that the order of Mr. Justice Vishnu Datta did not amount to a ‘judgment’ within the meaning of cl. X of the Letters Patent and R. 5 of Chap. VIII of the...and Designs Act enumerates the grounds upon which revocation of a patent in whole or in part may be obtained on petition to or on a counter-claim in a suit for infringment before a High Court; and Sub...-sec. (2) of this section reads thus:“(2) A petition for revocation of a patent may be presented—(a) by the Advocate General or any person authorised by him...

...arose because Natco was supplying Dr. Reddy the active pharmaceutical ingredient. 4. Natco as well as Dr. Reddy filed counterclaim in the suits, impugning the patent in favour of...is an independent expert and though Hoffmann in the written statement to the counterclaim had given reasons to meet the challenge to the patent but Dr. Bridges as an independent expert is always...counterclaim, crystallising the ground on which Natco has sought revocation of the patent, has been framed, the counsels inform that only a general issue i.e. as to whether there is any merit in the challenge...

...to revocation of patent other than on a counterclaim in a suit for infringement and rectification of register pending before any High Court, shall be transferred to the Appellate Board from such date...herein, filed its application for grant of patent. After scrutiny, the said application stood notified by the Patent Office on 20-11-2004. Thus, proceedings commenced before the Controller of Patents in...the year 2000 when the appellant herein sought a patent of their device which was opposed by Respondent 3 in the year 2000. By then, the Patents (Amendment) Act, 1999 had amended the Patents Act...

...the defendant no.2 has a right to file a counterclaim in this suit challenging the validity of the patent of the plaintiff. 26. Once the plaintiff is satisfied with the...willing to make a statement that the defendant no.1, during the validity of the patent, will not deal in any drug infringing patent No.291100, under the name „RAPIFER" or under any other name... CPC) 11. The counsel for the defendant no.2 / applicant states that post grant opposition to the subject patent of the plaintiff, filed prior to...