IP Case Digest · Patents

Koninklijke Philips N.V. v. Maj (Retd) Sukesh Behl & Ors.

Date of judgment
Judge
Sanjeev Narula
Outcome
Disposed of

Headnote

Three suits on the DVD standard essential patent decreed and all counter-claims dismissed. The revocation grounds failed: section 64(1)(m) on non-disclosure of corresponding foreign applications under section 8, section 64(1)(e) on prior public knowledge and use, and section 64(1)(j) on suppression and fraud across the parent and divisional applications. Damages were awarded, including additional damages of one crore rupees against two defendants, with full commercial costs on the Uflex principle. The Court recorded that the defendants had altered their defences at different stages and used delay until the patent lapsed, which reduced the patentee to monetary relief alone. A certificate of validity was directed under section 113.

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Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.