order of the
Controller of Patents sealing the Suit Patent
pending disposal of revocation by IPAB.
35. The defendants, over and above the documents ... mere grant of patent does not amount to an
automatic inference of validity of the patent,
mere filing of revocation of the patent does
revocation proceeding, certificate of validity has
been issued, then in any subsequent suit before a Court
for infringement / revocation of patent, the patentee, if
succeeds ... Patents
Act or has filed a Counter-Claim under Section 64 of the Patents Act for
revocation of the patent.
13. The counsel
order of the
Controller of Patents sealing the Suit Patent
pending disposal of revocation by IPAB.
35. The defendants, over and above the documents ... mere grant of patent does not amount to an
automatic inference of validity of the patent,
mere filing of revocation of the patent does
suits for infringement. -
(1) In any suit for infringement of a patent every ground on
which it may be revoked under section 64 shall ... absence of a counter claim the defendant can seek
revocation of the suit patents. The main ground on which the defendant
seeks revocation
bearing No.
OA/5/2--7/PT/Num, for revocation(s) of the apposite
patent, and,r as preferred before the Intellectual
Property Appellate Board ... bestowing a right, upon the aggrieved to either seek
revocation of the grant of patent, by availment, of, the
apt statutory remedy or through
Patents Act. The said Section enumerates
grounds by which a patent can be revoked. The grounds for revocation in the
instant matter ... clearly support the grounds
made out in the petition for revocation of the patent. It is submitted that
under Section 107 of the Patents
mainly contended by the first respondent in the application seeking revocation of the Patent granted in favour of the petitioners that already the Indian sweets ... consider the application filed by the first respondent for revocation of the Patents granted in favour of the petitioners afresh. No costs. Consequently, connected miscellaneous
before the counterclaim was filed, how the
counterclaim for revocation of patent in the suit was maintainable in
view of the decision
file "counter-claim(s)" to seek
r revocation of the patent, under the strength
and authority emerging from Section ... unsustainable in law. In such
cases, the prayer for revocation of the patent
shall be adjudicated, while disposing of the
"counter-claim" filed
Chennai, under Clause 12 of the Letters Patent. The contesting
defendants had filed the applications for revocation of the said order of
grant of leave ... concerned, specific provision in th form of Clause 12
of the Letters Patent was made, in supersession of Section 20 of the
CPC. Grant
