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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Fmc Corporation & Anr. – Appellants
Versus
Modern Insecticides Limited – Respondent
CS (COMM) 356 of 2020 & I.A. 7614 of 2020
Decided On : 12-07-2023
Ex Parte - Patent Suit - The suit became infructuous due to the expiration of the patent.
Fact of the Case:
The defendant was proceeded ex parte and the suit patent expired during the pendency of the suit. The plaintiff decided not to continue pressing the suit.
Finding of the Court:
The court disposed of the suit as it had become infructuous.
Issues:
Ratio Decidendi: The expiration of the patent rendered the suit infructuous, leading to its disposal.
Final Decision: The suit was disposed of due to its infructuous nature.
ORDER (Oral)
1. The defendant in this case already stands proceeded ex parte. During the pendency of the suit, the suit patent has expired. As such, Mr. Bitika Sharma, learned Counsel for the plaintiff submits, on instruction, that her client does not seek to continue to press this suit.
2. Accordingly, the suit is disposed of as having become infructuous.
Expiration of a patent can render a suit infructuous.
Rights to sue do not survive post-mortem, leading to dismissal of writ petition as infructuous.
The court ruled that when a suit has been disposed of, any petition seeking relief related to that suit becomes moot and is closed as infructuous.
Delay/Laches/Limitation - Delay of 582 days in filing application - “Sufficient Cause” is an elastic expression and no hard and fast guidelines are prescribed. Court, in its discretion, has to consid....
Bail application closed as matter became infructuous per counsel's submission.
Writ petition dismissed as infructuous upon counsel's submission that orders passed and nothing survives.
The right to defend one's case is prioritized, allowing the defendant to contest a suit after compensating for any prejudice caused to the plaintiff.
A suit becomes infructuous upon referral to arbitration, necessitating dismissal to prevent abuse of process.
The court allowed the withdrawal of the suit as per the plaintiff's request
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