In the patent battle raging between Sergi India and CTR in the Bombay High Court, a Division Bench order provides some respite for the former and allowed Sergi to continue manufacture and deal in transformers.
Sergi had appealed the injunction reinstated against it by a Single Judge bench on the 23rd day of October, 2015. The Division Bench order stayed the order of the single judge in view of the judgement of the Apex court in the Case of Dr. Aloys Wobben & anr. v/s Yogesh Mehra & ors [2014 SCC Online SC 482] which states, “only the culmination of procedure contemplated under Section 25(2) of the Patents Act, bestows the final approval of the patent. Therefore, it is unlikely and quite impossible, that an “infringement suit” would be filed, while the proceedings under Section 25(2) are pending, or within a year of the date of publication of the grant of a patent.”
Hence, the bench ordered the Controller General of Patents to expeditiously dispose off the post-grant proceedings initiated under Section 25 (2) of the Patents Act , 1970 by Sergi India.