Summary
In Monsanto’s patent-infringement suit concerning Bt cotton technology, the Supreme Court held that the Division Bench could not summarily invalidate the patent while hearing appeals from an interim injunction. The technically complex suit and revocation counterclaim required evidence and trial. It restored the Single Judge’s interim order and remanded the suit, leaving all substantive questions of fact and law open.
Issues
- Whether appeals concerning interim relief permitted summary determination of patent validity and the revocation counterclaim.
- Whether the interim arrangement should be restored pending trial.
Provisions considered
- Section 64(1), counterclaim for revocation, Patents Act, 1970Revocation on a counterclaim required lawful adjudication of the suit and counterclaim, with evidence on the disputed technical issues. (¶¶ 22, 23)
Held
- The Single Judge had issued only notice on the revocation counterclaim. The Division Bench should have confined itself to reviewing interim relief rather than deciding that counterclaim and invalidating patent claims summarily. Consent to such final adjudication could not be accepted in the circumstances. (¶ 22)
- The contested technical questions were mixed questions of fact and law requiring expert evidence and the ordinary civil-trial process. Public-domain documents not even exhibited, without examination of experts, could not support summary disposal on these facts. (¶¶ 22, 23, 24)
- The Single Judge’s interim relief was appropriate and required no further appellate remand. During the suit, the parties remained subject to the interim sub-licence arrangement, with licence fee or trait value governed by applicable law. (¶¶ 5, 25, 26)
- The Division Bench order was set aside, the Single Judge’s order of 28 March 2017 restored, and the suit remanded for lawful disposal. All substantive factual and legal questions remained open; patentability and infringement were not finally decided. (¶¶ 19, 26, 27)
Result
Appeals and intervention applications disposed of; Division Bench order set aside; Single Judge’s interim order restored and suit remanded for disposal in accordance with law.