https://www.taxtmi.com/caselaws?id=302987 In a patent dispute involving a counterclaim for revocation, the Supreme Court of India held that the Division Bench could not, at the interim stage, summarily decide patent validity, patentability, or the counterclaim on the basis of documents and public material alone. Because the issues involved mixed questions of law and fact requiring formal proof, discovery, and expert evidence, the appellate court should have confined itself to the propriety of the interim injunction rather than adjudicating the merits of the wider patent questions. The Single Judge's injunction was restored and the suit was remanded for trial in accordance with law. en-us Tue, 08 Jan 2019 00:00:00 +0530 Mon, 27 Jun 2022 19:23:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302987 In a patent dispute involving a counterclaim for revocation, the Supreme Court of India held that the Division Bench could not, at the interim stage, summarily decide patent validity, patentability, or the counterclaim on the basis of documents and public material alone. Because the issues involved mixed questions of law and fact requiring formal proof, discovery, and expert evidence, the appellate court should have confined itself to the propriety of the interim injunction rather than adjudicating the merits of the wider patent questions. The Single Judge's injunction was restored and the suit was remanded for trial in accordance with law. Case-Laws Indian Laws Tue, 08 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302987