2020-TIOLCORP-02-HC-DEL-IPR Bristol Myers Squibb Holdings Ireland Unlimited Company Vs Natco Pharma
Whether the Court is not vested with the power to grant any declaratory relief under the provision of Specific Relief Act, 1963 in relation to any rights relating to the patents - YES: HC
Whether the Courts are inherently incompetent to go into the question of validity of patent without there being any certificate of invalidity issued by the Controller u/s 113 of the Patents Act, 1970 - YES: HC
Whether where the previous patent declaratory suit is filed before an inappropriate judicial forum, no stay u/s 10 of the CPC, 1908 can be granted in respect of the patent infringement suit which involves the same patent as that of the declaratory suit - YES: HC
- Application dismissed: DELHI HIGH COURT |