Patent

  Court while finding a case of “ever greening” under Section 3(d) of the Patents Act to have been made out, denied an interim injunction to the plaintiff in the said case even though a valid patent had been granted to the said party inasmuch as the defendant was able to make out a strong case as to the invalidity of the patent concerned.

Indian IPR

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Patent

Court rejected an argument that the right given to a patentee under Section 48 of the Patents Act, 1970 would not cover manufacture undertaken solely for the purposes of export and held that the protection provided under the said provision could not be whittled down to cover only domestic manufacture and sale.

Indian IPR
Patent

The Court held on an examination of Section 62(2) and Section 11A (7) of the Patents Act that no infringement action is maintainable in respect of an unregistered or revoked patent. Further, though a patent may have been published, the Court held that no infringement action could be maintained till the patent is granted, though damages could ultimately be sought from the date of publication.

Indian IPR