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Dr. Aloys Wobben v. Yogesh Mehra

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 6718 of 2013)Decided 2 Jun 2014
Civil Appeal No. 6718 of 2013
Justice A.K. Patnaik · Justice J.S. Khehar

Background

A wind-turbine inventor and his former Indian business partners disputed the use and validity of his patents after their licensing relationship broke down. The partners sought patent revocation before the Intellectual Property Appellate Board and also challenged the same patents through counterclaims in infringement suits. The inventor objected to simultaneous proceedings over the same patents.

Decision Breakdown

The Court held that the same challenger could not pursue both revocation remedies under Section 64 simultaneously for the same patent. Ordinarily the earlier proceeding determined which route could continue, preventing duplicate litigation and conflicting decisions. A post-grant opposition already initiated under Section 25(2) also restricted that challenger's use of the competing revocation routes. The parties could nevertheless consent to resolve their disputes in one competent forum, and their existing High Court consent arrangement was valid. The impugned order was set aside on these terms; the Court did not decide whether the patents were valid or infringed.

Lesson Learnt

A business cannot multiply proceedings over the same patent simply because different procedural routes exist. This judgment explains the remedies under the patent system operating in 2014; it does not establish the validity of any particular invention.

Official source (sci.gov.in)View Judgment (PDF)

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