Wednesday, March 21, 2012

Correction in the Last Post

In the last post, the last para had a few errors. The edited Para is as follows:

"Similarly, in the case of the Patents Act, until the suit is transferred under Section 107A, all orders passed by the Court are not irrelevant. However, the Bombay High Court was of the view that all such orders would be treated as ad-interim, and consequently require to be re-heard by the High Court. This position appears to be correct since once the counter-claim is filed, it becomes necessary to assess the challenge to the validity of the patent which has a direct bearing on the sustainability of the ad interim injunction order passed earlier."

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