UNILIN BEHEER B V Vs. BALAJI ACTION BUILDWELL

JUDGEMENT

(1.) Ia No.15331/2017 (of defendant u/S 151 CPC)

(2.) On request of the counsel for the defendant/applicant, the proceedings were adjourned to today.

(3.) The counsel for the defendant/applicant has today drawn attention to Section 114(1) of the Patents Act and has contended that the defence taken by the defendant/applicant in this suit would only result in invalidity of either one or all the claims of the plaintiff's subject patent and will not result in revocation of the patent and the patent would remain on the register and entitle the plaintiff to amend the claim/s held to be invalid. Per contra, it is contended that if the defendant/applicant succeeds in the Revocation Petition filed before the IPAB, the patent would be taken off the register and no claim of the plaintiff would survive.