infringement suit | Intellepedia

Wanted Dead or Alive: Delhi High Court Holds Patent Revocation Survives Expiry and Section 107 Defence

Hand wearing a blue glove holding a small vial beside torn paper with the words “How to Survive,” symbolizing the Patent revocation case as decided by the Delhi High Court between Boehringer Ingelheim v. Controller

In the case of Boehringer Ingelheim Pharma GmbH & Co. KG v. Controller of Patents & Anr., the Delhi High Court addressed two important questions under the Patents Act: whether a revocation petition survives patent expiry, and whether it can continue after a Section 107 invalidity defence is raised in an infringement suit. The dispute arose from parallel revocation and infringement proceedings relating to Patent IN 243301 covering Linagliptin. The court held that revocation under Section 64 remains maintainable despite patent expiry and is not barred by a Section 107 defence.

Trademark Application Alone Not Enough for Infringement Suit

Comic-style image illustrating a courtroom scenario. On the left panel, a judge asks a person, "Have you used the trademark?" The person responds, "No, but I intend to!" In the right panel, the word "DENIED" appears boldly in red letters on a bright yellow background.

In Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Delhi High Court held that filing a trademark application does not amount to trademark infringement. The Court dismissed the suit in limine, reiterating that infringement under the Trade Marks Act arises only from use in trade – not from proposed registration.