time of filing of the suit was outside Mumbai, cannot be clubbed with the
suit for infringement.
6 It will be useful to reproduce ... time of the filing of the Suit was outside Mumbai, cannot be
clubbed with the suit for infringement, cannot be accepted.
(2) M/s. Apricot
defence that may be claimed in the course of a suit
for infringement rather than form the basis for an independent right or
separate actionable ... from the remedy that
Bayer has in the form of an infringement suit in the country, where the
patented article is sent
Obviously, the instant suit falls under
the category 'all other cases' as it is a suit complaining of
infringement of suit TM, which ... place of residence is a new legal concept for
trademark infringement suits which was brought into trademarks
arena only by 1999 Act. The Trade Marks
action in the present suit has
accrued much after the filing of the Delhi Suit. The issues
involved in Delhi Suit are different from ... present suit. The evidence in the Delhi Suit is entirely
different from the evidence in the present suit. The Delhi
Suit was based upon
rejection of the plaint, inter alia on the
ground that no suit for infringement of the patent lies against a registered
patentee.
6. The aforesaid ... patent; (iv) Section 108 makes available to a plaintiff in
a suit for infringement of patent, the relief of injunction restraining the
defendant
applications, filed in
pending suits against the various defendants. The suits - as well as interim
injunction applications alleged infringement of designs of which Crocs ... suits, ad interim injunctions
were not operative since in the design infringement suits, such ad-interim ex-
parte injunctions had been granted. It was submitted
learned Single Judge "this experimentation, with
interim orders in patent infringement suits, is the need of the hour." On the
above reasoning ... suit CS (OS) (COMM) 343 of 2019 filed against the
present Defendant by Bayer Healthcare LLC. That suit too alleged
infringement of a pharmaceutical patent
holding that such
composite suits did not lie, the composite suits earlier filed were continued
for the relief of infringement of design only and these ... these suits on the ground of passing off, though
has been denied interim injunction in the suits on the ground of
infringement of design. Though
stay applications)
1. The Plaintiff has filed the present suit seeking permanent injunction
restraining infringement of Indian Patent No. 240893 (hereinafter,
„IN‟893‟). The patent ... patent in any manner.
C. Construction of claims of the suit patent and infringement.
50. The claims of the suit patent being relied upon
Pain & Hardwares 2013 (55) PTC 61
(Del) holding a composite suit for infringement of design and passing off to
be not maintainable. Accordingly, vide ... year
2009, to the knowledge of the plaintiffs; (ii) that the suit for infringement of
registered design is not maintainable as no suit for infringement
