Section 7 in High Court Of Delhi Rules Governing Patent Suits, 2022
7. Filing of affidavits of admission/denial and other briefs
(i)In patent infringement suits, certified copies of extracts from the patent register, grant certificates, granted patent specification along with abstracts and drawings, and publicly available cited prior art documents, shall not be usually denied.(ii)Affidavits of admission/denial shall accompany the respective pleadings of the parties as provided for in the Commercial Courts Act, 2015.(iii)Affidavits of admission/denial shall be filed in respect of correspondence exchanged between the parties and other documents.(iv)Any person who unjustifiably denies any documents, shall be liable to be burdened with costs.(v)Upon admission/denial being completed, prior to the First Case Management Hearing, both parties shall file their respective claim construction briefs, invalidity briefs and infringement briefs. The said briefs shall usually not exceed 10 pages each and would contain a brief description of the construction of claims, the case on invalidity and infringement of the patent. If there are multiple patents involved in a suit, or for other justifiable reasons, then leave of Court shall be sought for filing longer briefs. Leave to amend the said construction, invalidity and infringement briefs may be sought for substantial cause prior to commencement of evidence.(vi)Upon completion of pleadings, prior to the First Case Management Hearing, the Plaintiff may also file the Damages/Accounts of Profit brief.(vii)The claim construction brief, invalidity brief, infringement brief, non-infringement brief, etc. filed by parties shall not be construed as pleadings. The contents of these briefs shall also not be beyond the pleadings. Filing of non-infringement brief shall not shift the onus as prescribed in the Act.(viii)Technical Primer: Prior to the First Case Management Hearing, the court may direct filing of a technical primer jointly by the parties to understand the basic science/technology covering the patent(s).
