Section 8 in High Court Of Delhi Rules Governing Patent Suits, 2022
8. First Case Management Hearing
(i)The Court would peruse the pleadings, the claim construction briefs, invalidity, infringement, and damages/accounts of profit briefs, and strike the actual issues where there exists a dispute between the parties. For the purposes of settlement of issues, the Court may also seek the assistance of an independent technical expert from amongst the panel of Advisors maintained by the Court or call experts of the parties to assist the court. Hot-tubbing may be resorted to by the Court even before striking of issues.Provided that the Court may decide any issue, which does not require evidence, at any stage.(ii)The Court shall then direct parties to file their list of witnesses including the names of the expert witnesses whose evidence is to be adduced.(iii)The Court shall also direct the filing of affidavits in evidence by the parties, and in which order. The Court may, depending on the facts, direct the order in which the trial is to be conducted i.e. trial of infringement or invalidity of the patent first, as it deems fit.(iv)The Court may direct leading of evidence on any one or more of the issues, as a preliminary issue to expedite the decision in the suit.
