Dr. Aloys Wobben and another Vs. Yogesh Mehra and others
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Head Note
The Code of Civil Procedure, 1908 - Section 10 , Section 151
Patents Act - Section 25, 64 - Jurisdiction - Infringement suits - Counter claims - Revocation petitions - Apex court held that Since a "counter-claim" is of the nature of an independent suit, a "counter-claim" cannot be allowed to proceed, where the defendant has already instituted a suit against the plaintiff, on the same cause of action. If the respondents in their capacity as "any person interested", had filed a "revocation petition" before the institution of an "infringement suit", they cannot be permitted to file a "counter-claim" on the same cause of action. The natural conclusion in the above situation would be, the validity of the grant of the patent would have to be determined in the "revocation petition" - The "Appellate Board" would thereafter (after the filing of the "counter-claim" in the "infringement suit"), cease to have the jurisdiction to adjudicate upon the validity of the patent.
Topic(s)-Jurisdiction - Infringement suits