Patent Infringement Litigation In India And Interim Injunctions: Jurisprudence On "Public Interest" Continues To Evolve!

As the patent infringement matters often involve complex technologies and huge amounts at stake, it not just requires exercise of sound judicial wisdom by the Courts but also unswerving standards to be followed by them while deciding on interim injunction especially when what has often been seen is that the outcome of applications for interim injunction is determinative of the outcome of the litigation as a whole.

Injunction is as an equitable remedy in the form of a Court Order, whereby a party is required to do, or to refrain from doing, certain acts. Interim injunction is a remedy that prevents the violation of rights pending the trial of the suit. The object of the interlocutory injunction is to protect the patentee against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favor at the trial.