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2024 Supreme(Online)(DEL) 14094
HIGH COURT OF DELHI
Anish Dayal, J
AKUMS DRUGS PHARMACEUTICALS LIMITED – Appellant
Versus
FERRING B.V. – Respondent
CS(COMM) 846/2022
R ABHISHEK
The court clarifies the obligations under Section 105 of the Patents Act regarding the disclosure of product particulars necessary for assessing non-infringement claims.
Headnote:(A) Patents Act, 1970 - Section 105 - Discovery of facts and particulars regarding non-infringement - Defendant seeks disclosure of plaintiff's product details for assessment of declaration under Section 105 - Plaintiff contends that full particulars have been provided as per previous communications - Court addresses the scope of 'full particulars in writing' under Section 105. (Paras 1-5)
(B) Disclosure obligations - The court emphasizes the necessity for adequate disclosure to facilitate the determination of non-infringement claims. (Paras 4-5)
Facts of the case:
The defendant filed an application for discovery of particulars regarding the plaintiff's product, which the plaintiff claims does not infringe on the defendant's patent rights. The plaintiff asserts that they have already provided sufficient details in prior communications.
Findings of Court:
The court requires both parties to submit their notes of arguments regarding the interpretation of 'full particulars in writing' under Section 105.
Issues: The main issue is the interpretation of what constitutes 'full particulars in writing' under Section 105 of the Patents Act.
Ratio Decidendi: The court seeks clarity on the obligations of the plaintiff to disclose product details to the defendant, emphasizing the importance of adequate information for assessing non-infringement claims.
Result: Further submissions required from both parties.
% 03.04.2024 I.A. 1208/2023
1. This application has been filed by defendant for discovery of certain facts and particulars of plaintiff’s product for which they have sought declaration of non-infringement under Section 105 of the Patents Act, 1970 [‘the Act’].
2. Pursuant to previous order of this Court dated 04th March, 2024, counsel for plaintiff states that disclosure of their product itself may not be required considering Section 105(a) of the Act only requires them to furnish “full particulars in writing of the process or article in question”.
3. He states that they have already provided the said particulars by virtue of communications dated 06th October, 2022 and 10th November, 2022.
4. To this, counsel for defendant states that the said information is inadequate and if the product as claimed the plaintiff is already in the market they should not have any hesitation in sharing it with the defendant for them to assess the issue of declaration under Section 105 of the Act.
5. The issue, therefore, revolves around the determination of what is the scope and purview of “full particulars in writing” under Section 105 of the Act.
6. Both parties shall file their note of arguments on propositions they wish to advance in this regard, not exceeding three pages along with the relevant citations that they wish to rely upon.
7. The same will be filed within the next eight weeks after exchanging copies between the parties.
8. List on 31st July, 2024.
9. Order be uploaded on the website of this Court.
