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Business News/ Companies / SC clarifies on similar patent cases
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SC clarifies on similar patent cases

SC was hearing case involving German firm and its Indian joint venture

The Supreme Court on Monday said two similar patent revocation cases cannot proceed simultaneously in two different forums. Photo: MintPremium
The Supreme Court on Monday said two similar patent revocation cases cannot proceed simultaneously in two different forums. Photo: Mint

New Delhi: In a patent dispute involving German wind turbine manufacturer Enercon GmbH and its Indian joint venture Enercon India Ltd, now known as Wind World (India) Ltd, the Supreme Court (SC) on Monday said two similar patent revocation cases cannot proceed simultaneously in two different forums.

“We are of the opinion that the remedy availed of first will be valid," justice J.S. Khehar said, speaking for the two-judge bench which heard the case. “Where an issue is already pending adjudication between the same parties, in a court having jurisdiction to adjudicate upon the same, a subsequently instituted suit on the same issue between the same parties cannot be allowed to proceed," the order said.

Wobben, a founder of German wind turbine maker Enercon GmbH, has filed 10 patent infringement suits against Enercon India, while Enercon India has filed 23 petitions to revoke Wobben’s patents in the country. The case has gone through the Intellectual Property Appellate Board (IPAB) and the Delhi high court.

The IPAB has already revoked at least 12 patents belonging to Enercon GmbH in India.

In 2012, the Delhi high court had allowed seemingly similar cases dealing with the same patents to continue. The IPAB revocation proceedings and the high court infringement suits with subsequent counter-claims to revoke the patents were allowed to coexist. The Supreme Court said counter-claims for patent revocation were like fresh suits. Such matters already decided by one forum cannot be brought before another on the same grounds.

Enercon India is a joint venture of Enercon GmbH, Ajay Mehra—founder-director of Enercon India—and Yogesh Mehra, the firm’s managing director.

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Published: 04 Jun 2014, 12:06 AM IST
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