Delhi High Court
Simplicity No Bar To Patentability, Even Simple Changes Can Lead To New Inventions: Delhi High Court
The Delhi High Court has made it clear that a simple invention, if novel and non-obvious, warrants patent protection when it addresses a technical problem with ingenuity.Justice Mini Pushkarna observed,“It needs no emphasis that simplicity is no bar to patentability and even simple changes can introduce discernible and substantive differences, leading to a new invention.”The observation was made while hearing the plea of a South Korean company engaged in developing automated car parking systems,...
Advisable For Legislature To Correct Lacuna On What Constitutes 'Infringement' Under Patents Act: Delhi High Court
The Delhi High Court has suggested to the legislature to define what constitutes 'infringement' under the Patents Act 1970.A division bench of Justices C. Hari Shankar and Ajay Digpaul noted that while other intellectual property statutes define what constitutes infringement therein, the Patent Act is 'peculiarly' silent on this aspect.For context, Section 29 of the Trade Marks Act 1999 defines infringement of a trade mark, Section 51 of the Copyright Act, 1957 defines infringement of...
Unauthenticated Documents From Foreign Govt Regarding Swiss Bank Account Of Assessee Can't Form Basis For Criminal Action: Delhi HC
The Delhi High Court has quashed the criminal proceedings initiated against an assessee under Section 276C, 276D and 277 of the Income Tax Act 1961 merely on the basis of some unauthorised documents alleging existence of an undisclosed Swiss Bank account in his name.In doing so, Justice Neena Bansal Krishna observed,“Merely on some unauthenticated information received from a third Country with no material evidence, is not sufficient to make out a prima facie case and there cannot be a...
Delhi High Court Lists YouTuber Mohak Mangal's Plea To Transfer ANI's Copyright Suit Before IP Division
The Delhi High Court on Monday listed before a coordinate bench of the intellectual property (IP) division YouTuber Mohak Mangal's plea seeking transfer of the copyright and trademark infringement suit filed by Asian News International (ANI) against him before city's Patiala House Court to the High Court.Justice Anup Jairam Bhambhani listed the matter before a coordinate bench on Friday, after taking note of Rule 26 of the Delhi High Court Intellectual Property Rights Division Rules, 2022. As...
Patent Infringement: Delhi High Court Restrains Zydus From Manufacturing Biologic Similar To 'Nivolumab' Cancer Drug
The Delhi High Court has restrained Zydus Lifesciences Limited from manufacturing, selling importing, exporting or dealing in any biologic which is similar to Nivolumab, a drug used to treat cancer, sold under the brand name “Opdivo.”Justice Mini Pushkarna passed the interim order in favour of Nivolumab's manufacturer company- E.R. Squibb and Sons LLC, in its patent infringement suit against Zydus. Scquibb and Sons filed the suit seeking permanent injunction for restraining infringement of its...
Writ Jurisdiction Cannot Be Invoked When Party Has Already Approached DRT Under SARFAESI Act: Delhi High Court
The Delhi High Court has dismissed a petition while upholding that if a borrower has already approached the Debt Recovery Tribunal (DRT) under the SARFAESI Act, for a one-time settlement, a writ seeking the same relief under Article 226 of the Constitution is not maintainable. Background of the Case The petitioner has availed the credit facilities from the consortium of banks, i.e., Punjab National Bank, Indian Bank, and UCO Bank. Later on, the account of the petitioner was declared...
Arbitration Can't Be Restricted To Specific Respondents When Agreements Form Part Of Single Commercial Transaction: Delhi High Court
The Delhi High Court bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar held that when an application under Section 8 of the Arbitration Act is filed in opposition to a civil suit, a party cannot later object that the arbitration was intended to apply only to specific respondents, especially when the pleadings indicate that the agreements formed part of a single commercial transaction. The present appeal has been filed under section 13(1A) of the Commercial Courts...
Notice U/S 153C Income Tax Act Can Be Issued Only If Incriminating Material Has 'Bearing On Total Income' Of Non-Searched Assessee: Delhi HC
The Delhi High Court has made it clear that assessments under Section 153C of the Income Tax Act, 1961 can be made on a non-searched entity only when the Assessing Officer has incriminating material which “has a bearing” on its total income.Section 153C allows the Revenue department to proceed against a party other than the person who is being searched, if incriminating articles belonging to the other person are found during the search.A division bench of Justices Vibhu Bakhru and Tejas Karia...
Delhi High Court Upholds Arbitral Award Of About ₹229.5 Crores Against NHAI As 'Termination Payment'
The Delhi High Court bench of Justice Jasmeet Singh has upheld an Arbitral Award directing the National Highways Authority of India (“NHAI”/”Petitioner”) to deposit ₹229.50 crores as Termination Payment into the Escrow Account along with interest and costs. The court reiterated that the scope of judicial interference under Section 34 of the Arbitration and Conciliation Act, 1996 is narrow and circumscribed. The Arbitral Award can be set aside on the ground, inter alia, being in conflict...
Delhi High Court Orders Lava To Pay ₹20 Crore Pro Tem Deposit In Patent Infringement Suit By Dolby Over Breach Of 'FRAND' Obligations
In a major setback for Indian mobile company Lava, the Delhi High Court has ordered a pro tem deposit of over ₹20 crore, in the patent infringement suit filed by Europe based audio/video processor Dolby International.In doing so, Justice Amit Bansal deprecated Lava's conduct during negotiations with Dolby— amounting to 'patent holdout'.“Throughout the negotiations that were carried out for six years, Lava kept on asking for details and information from Dolby, without providing any evidence to...
Delhi High Court Explains Scope Of 'Pro Tem' Orders In Patent Infringement Suit Against Mobile Company 'Lava'
The Delhi High Court recently had the occasion to discuss in detail the scope of a pro tem order, while dealing with Europe based audio/video processor Dolby International's suit against alleged patent infringement by Indian mobile phone company Lava.A pro tem order is an extraordinary relief granted by Courts which operate till the time an application for interim injunction is decided by the Court. It requires the implementer of a patented subject to make a security deposit, as prescribed by...
India-UK DTAA | Consideration For Availing Services That Require Technical Expertise Not FTS Unless Recipient Absorbs Technology: Delhi HC
The Delhi High Court has made it clear that consideration paid for merely availing services that require technical expertise would not qualify as 'Fees for Technical Service' under Article 13 of the India-UK DTAA.A division bench of Justices Vibhu Bakhru and Tejas Karia observed that unless the recipient absorbs the technology and exploits it independently, it cannot qualify as 'FTS' which is taxable in India for the service provider. It observed,“The services rendered must entail, the service...