https://www.taxtmi.com/caselaws?id=304707 Clause 12 leave in a patent infringement suit is assessed on the plaint averments to see whether part of the cause of action arises within jurisdiction, not by a summary weighing of evidence. Section 104 of the Patents Act governs the forum for infringement suits, while Section 104A concerns burden of proof and does not control territorial jurisdiction. A pleaded sale of the impugned product within Chennai, supported by trap orders, was sufficient to sustain leave at the threshold. The doctrine of forum conveniens may be relevant, but it applies only where another forum is shown to be clearly more appropriate; that was not established here. en-us Wed, 11 Nov 2020 00:00:00 +0530 Sat, 15 Oct 2022 17:43:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304707 Clause 12 leave in a patent infringement suit is assessed on the plaint averments to see whether part of the cause of action arises within jurisdiction, not by a summary weighing of evidence. Section 104 of the Patents Act governs the forum for infringement suits, while Section 104A concerns burden of proof and does not control territorial jurisdiction. A pleaded sale of the impugned product within Chennai, supported by trap orders, was sufficient to sustain leave at the threshold. The doctrine of forum conveniens may be relevant, but it applies only where another forum is shown to be clearly more appropriate; that was not established here. Case-Laws Indian Laws Wed, 11 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304707