ALOYS WOBBEN Vs. YOGESH MEHRA

JUDGEMENT

(1.) THE plaintiff has preferred this application; it seeks to restrain the defendant, from pressing its application for revocation of its (the plaintiff's) patents, under Section 107 of the Patents Act, 1970. THE plaintiff complains infringement of its Patent Nos. 224920, 198085, 202912 and 222650 by the defendants.

(2.) THE defendant has sought revocation/rectification of the plaintiffs patent, in the proceedings before the Intellectual Property Appellate Board, under provisions of Section 117G, and has also sought for cancellation of the said patent, under Section 107 of the Act, before this Court, in the suit, in the written statement, and counter-claim, in that regard.

(3.) THE defendant argues, besides that though the grounds for seeking cancellation or revocation of patent are the same ? outlined in Section 64, the legislature consciously provided separate fora. It is submitted that the defendant had, in exercise of its right to independently challenge the patent, applied for revocation. THE plaintiff at that stage might or may not have filed the suit for alleged infringement; when it did, the defendant was within its rights to defend the action, and also claim cancellation of patent, in a counter claim.