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C. HARI SHANKAR
Astrazeneca Ab – Appellant
Versus
Westcoast Pharmaceutical Works Limited – Respondent
| Table of Content |
|---|
| 1. application for rejection of plaint under order vii rule 11. (Para 1 , 2) |
| 2. claim for damages tied to pecuniary jurisdiction. (Para 3 , 4) |
| 3. objection to territorial jurisdiction as per cpc. (Para 6 , 8 , 11) |
| 4. pending opposition does not bar infringement suits. (Para 12 , 14 , 16 , 19) |
| 5. rights of patentees to sue post-grant without delay. (Para 20 , 26 , 28) |
| 6. no grounds for suit rejection found. (Para 68 , 69) |
JUDGMENT
C. Hari Shankar, J.
I.A.21995/2022 (under Order VII Rule 11 of the CPC)
1. This is an application preferred by the defendant Westcoast Pharmaceutical Works Limited under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), seeking rejection of CS (COMM) 101/2022, instituted by the plaintiff Astrazeneca AB.
2. I have heard Mr. Vikas Khera, learned Counsel for the defendant-applicant and Mr. Pravin Anand, learned Counsel for the plaintiff-non applicant, at length.
3. Mr. Khera predicates his case, in this application, on three grounds.
(I) Want of pecuniary jurisdiction
4. Mr Khera first contends that the suit is bad for want of pecuniary jurisdiction, as it is required to be filed before the District Court. Mr. Khera submits that the sui
A party contesting the validity of a patent must pursue claims via counter-claims in ongoing infringement suits, preventing unnecessary forum shopping.
The court confirmed that non-compliance with Section 12A of the Commercial Courts Act does not invalidate a suit if urgent relief is sought due to ongoing infringement.
The central legal point established in the judgment is the interpretation of jurisdictional provisions under Section 20 C.P.C, Clause 12 of the Letters Patent, Section 134(2) of the Trade Marks Act, ....
Section 124 of the Trade Marks Act mandates automatic stay of infringement proceedings when rectification is pending, and does not apply to passing-off claims.
The main legal point established in the judgment is that the grant of interim relief in patent infringement cases requires a prima facie case and balance of convenience in favor of the plaintiffs, an....
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