In view of increasing number of patent infringement suits filed with the High Court of Delhi in the past one decade and considering the technical subject matters involved in adjudication of those suits, the High Court of Delhi has proposed to frame “The High Court of Delhi Rules Governing Patent Suits, 2020”. The proposed Rules aim to streamline the procedure for filing and adjudication of all patent suits and set the contents of the pleadings including the plaint, written statement, counterclaim, replication. The Rules also prescribe the documents which are required to be filed with the plaint and written statement including the expert reports and laboratory analysis relied upon by the parties. The proposed Rules also set three case management hearings leading the final arguments in the suit and the first case management hearing is proposed for framing of issues based on claim construction briefs, invalidity and infringement briefs, filed by the parties. We welcome the proposed Rules which aim to align the Indian suit procedures with international standards and are futuristic in vision.
Link to the notice: