The case at hand involves patent litigation between FMC and NATCO, encompassing
multiple legal fora including the High Court of Delhi and the District Court in
Chandigarh. Here I aim to provide a detailed analytical examination of the legal
implications and rationale behind the transfer of suits from the District Court
to the High Court of Delhi by the Hon'ble Supreme Court of India.
Background:
FMC initiated patent infringement suits against NATCO before the High Court of
Delhi, with NATCO responding by filing counterclaims. Subsequently, FMC filed
three additional suits against NATCO before the District Court in Chandigarh,
leading to a fragmented legal landscape with parallel proceedings in different
jurisdictions. Complicating matters further, the suits involved overlapping
claims pertaining to the same patent, IN298645, with a concurrent revocation
petition regarding claim No.12, which was also subject to the suits before the
District Court.
Legal Analysis:
The central issue before the Supreme Court was the consolidation of litigation
concerning the same patent and involving identical parties across multiple
forums. The court recognized the potential for conflicting judgments,
inefficient adjudication, and forum shopping inherent in such a scenario.
Therefore, the court invoked its inherent jurisdiction to transfer the suits
from the District Court in Chandigarh to the High Court of Delhi to ensure
judicial efficiency, consistency, and avoidance of multiplicity of proceedings.
Implication:
The Supreme Court's decision to transfer the patent infringement suits from the
District Court in Chandigarh to the High Court of Delhi exemplifies a judicious
exercise of judicial authority to promote efficiency, consistency, and fairness
in multi-forum litigation. By prioritizing the principles of jurisdictional
unity, avoidance of forum shopping, patent law consistency, and judicial
efficiency, the court advanced the interests of justice and upheld the integrity
of the legal process.
The Case Discussed:
Case Title: Daiwa Pharmaceuticals Co Ltd. Vs Daiwa Pharmaceuticals Pvt. Ltd.
Judgment/Order Date: 16.04.2024
Case No: Comm IP Suit No. 82 of 2023
Neutral Citation: 2024:BHC:OS:6232
Name of Court: Delhi High Court
Name of Hon'ble Judge: R.I.Chagla,H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed
herein are being shared in the public Interest. Readers' discretion is advised
as these are subject to my subjectivity and may contain human errors in
perception, interpretation and presentation of the fact and issue involved
herein.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and
Trademark Attorney
Email:
[email protected], Ph no: 9990389539
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