The recent Supreme Court decision in the controversial Enercon saga (Alloys Wobben vs Yogesh Mehra) is a significant milestone for Indian intellectual property law. For a succinct summary of this case, see Aparajitha’s post here. One hopes that this is the first step towards a leaner IP dispute resolution framework. However, the judgment however leaves open the following issues: 1. What if X challenges Y’s patent before the IPAB in a revocation petition. Y then sues X for patent infringement. As...
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