US EditionMaintainability and sustainability of patent revocation actions in India
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Maintainability and sustainability of patent revocation actions in India
IP litigations often pose nuances of patent law. Whether a revocation petition is maintainable if the petitioner has taken a defence of invalidity of the suit patent in an infringement suit filed by the patentee. Whether an already filed revocation petition can be sustained after the expiry of the term of the patent. These two intriguing questions of law have been resolved by the Delhi High Court (“court”) in Macleods Pharmaceuticals v Controlle…
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