ASWAL ASSOCIATES- Intellectual Property Law firm India

  Summary The Delhi High Court Division Bench held that patent revocation petitions under Section 64 of the Patents Act remain maintainable even after patent expiry, and that filing a Section 107 invalidity defence in an infringement suit does not preclude a separate revocation petition. The Court emphasized that revocation operates retrospectively and in rem (affecting all parties), while Section 107 defence operates only in personam (between specific parties), making them fundamentally distinct remedies serving different purposes. Factual Background In February 2022,  Macleods Pharmaceuticals  filed a revocation petition under Section 64 of the Patents Act, 1970 seeking to invalidate  Boehringer Ingelheim's Indian Patent IN'243301  covering the pharmaceutical compound  Linagliptin  (a diabetes medication). Two days after the revocation petition was filed, Boehringer Ingelheim initiated infringement proceedings against Macleods before the Himachal Pra...

  Summary The Madras High Court set aside the Trademark Registrar's order deeming a trademark application abandoned due to alleged late filing of evidence affidavit. The Court held that an affidavit filed within the prescribed timeline but lacking signature and attestation due to COVID-19 lockdown restrictions should be treated as validly filed, with subsequent formal rectification not constituting a fresh filing. Emphasizing that procedural provisions cannot be interpreted rigidly to defeat substantive rights, the Court directed the opposition proceedings to be heard on merits. Background and Procedural History ACE Foods (Appellant) filed trademark application No. 4015733 in Class 35 on December 3, 2018, seeking registration for the mark  "Modern Kitchens' Delite in Every Bite" , claiming use since 1984. On December 12, 2019, Modern Snacks (Respondent No. 2) filed Opposition No. 1019941 challenging the application. Following standard opposition procedure, Modern Snac...