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DELHI HIGH COURT
SANJEEV NARULA
Communication Components Antenna Inc. – Appellant
Versus
Mobi Antenna Technologies (Shenzhen) Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. issues surrounding the validity and revocation of patent. (Para 1 , 2 , 3) |
| 2. defendants' failure to provide evidence for revocation. (Para 4 , 5 , 6 , 7) |
| 3. requirement of pleadings and evidence for patent sufficiency. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. next steps for further consideration of patent infringement. (Para 15 , 16) |
JUDGMENT
Sanjeev Narula, J. (Oral)--In terms of the Order dated 12th January, 2022, the Plaintiff has filed an Affidavit of Service dated 28th January, 2022, enclosing therewith proof of service through e-mail, speed post as well courier tracking reports. The courier consignment has not been accepted by the addressee. In view of the above, Defendants stand served. Since there is no appearance on their behalf, they are proceeded against ex-parte.
2. Vide order dated 4th February, 2016, the following issues were framed:
"(i) Whether the impugned Patent No.IN240893 is invalid in view of any of the grounds raised in counterclaim No.38/2012? OPCC
(ii) Whether the defendants have infringed any of the claim of the impugned Patent No.IN240893? OPP
(iii) If the answer to issue no.(ii) is in affirmative, what is the relief that the plaintiff is
The validity of a patent cannot be challenged without adequate pleadings and evidence supporting claims of invalidity; insufficient disclosures must be substantiated by facts.
A revocation petition under Section 64 of the Patents Act can be maintained even after the patent's expiry, as the petitioner qualifies as a 'person interested' and the cause of action for damages su....
The importance of framing issues and adhering to procedural requirements in civil procedure.
Patent revocation requires issues to be framed based on pleading; grounds cited without this procedural adherence are invalid.
A party contesting the validity of a patent must pursue claims via counter-claims in ongoing infringement suits, preventing unnecessary forum shopping.
There is no limitation period for filing a patent revocation petition under Section 64 of the Patents Act, enabling any interested person to challenge a patent anytime during its life.
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