Section 16 in High Court Of Delhi Rules Governing Patent Suits, 2022
16. Summary Adjudication in Patent cases
In addition to the provisions contained in the Commercial Courts Act, 2015 for Summary judgment, summary adjudication maybe considered by the Court in cases falling in any of the following categories:(i)Where the remaining term of the patent is 5 years or less;(ii)A certificate of validity of the said patent has already been issued or upheld by the erstwhile Intellectual Property Appellate Board, any High Court or the Supreme Court;(iii)If the Defendant is a repeated infringer of the same or related Patent;(iv)If the validity of the Patent is admitted and only infringement is denied.
