SUKESH BEHL Vs. KONINKLIJKE PHILLIPS ELECTRONICS

JUDGEMENT

(1.) The appellants herein are the defendants in CS(OS) No.2206 of 2012. The said suit is filed by the respondent herein seeking a decree for permanent injunction restraining the defendants from infringing its essential DVD Video/DVD ROM Disc Patents, in particular Indian Patent with registered No.218255 and for other incidental reliefs.

(2.) The defendants/appellants herein filed written statement making a counter claim for revocation of the suit patent under Section 64(1)(m) of the Patents Act, 1970 (for short "the Patents Act") for non-compliance of the provisions of Section 8. Subsequently, the defendants filed I.A. No.21411 of 2012 under Order XII Rule 6 of Civil Procedure Code, 1908 (hereinafter referred as CPC) with a prayer to pass a decree on the basis of the alleged admissions made by the plaintiff. The said application was dismissed by the learned Single Judge by order dated 06.11.2013. Hence, this appeal by the defendants.

(3.) We have heard the learned counsel for both the parties and perused the material available on record.