IP litigation India | 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.

Intellepedia’s Top Industrial Design Articles of 2025: A Year in Review

Banner image reading “Intellepedia’s Top Design Articles of 2025: A Year in Review” alongside a creative workspace with fashion sketches, measuring tape, color swatches, coffee, plants, and a laptop, symbolising industrial design and creativity.

A curated overview of India’s most significant industrial design law cases of 2025, highlighting key rulings on novelty, infringement, and coexistence of IP rights.

Trademark Trouble Brewing: What ‘COX 5001’ Got Wrong About ‘HAYWARDS 5000′

A bottle of Haywards 5000 beer placed centrally on a rustic stone table, surrounded by ripe red tomatoes, herbs, and a metal pot, styled like a still-life painting with warm, earthy tones.

Bombay High Court grants AB Inbev a permanent injunction against Jagpin’s “COX 5001” mark, ruling it infringes the “HAYWARDS 5000” and “FIVE THOUSAND” trademarks.