Do we have to mediate before suing for infringement?

Not if the suit genuinely seeks urgent interim relief. Otherwise, section 12A of the Commercial Courts Act requires pre-institution mediation. The Supreme Court has held the requirement mandatory (Patil Automation v. Rakheja Engineers, 2022) and that courts may examine whether a plea of urgency is genuine (Yamini Manohar v. T.K.D. Keerthi, 2023).