By admin       2019-01-21

The Supreme Court Bench of Justices Rohinton Fali Nariman and Navin Sinha observed the HC Division Bench “ought to have confined itself to examination of the validity of the order of injunction granted by the learned single judge only”, and that it “ought not to have examined the counter-claim itself usurping the jurisdiction of the Single Judge to decide unpatentability… in the summary manner done”. The judgment reads: “Summary adjudication of a technically complex suit requiring expert evidence also, at the stage of injunction in the manner done, was certainly neither desirable or permissible in the law. The suit involved complicated mixed questions of law and facts with regard to patentability and exclusion of patent which could be examined in the suit on basis of evidence.” The SC ruling restores the single-judge order, with the suit remanded back for disposal “in accordance with law”. This means that the single judge will now hear the matter of patentability.

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