Patent Row On A Procedural Turf: The Issue Of Ex-Parte Ad-Interim Injunctions

In IP litigation in India, the stage of interim injunction is often a stage of intense fighting. An interim injunction is what a plaintiff wrestles for while the defendant makes every effort to counter this. What happens when there is an ex-parte ad-interim injunction?

The Division Bench in the case (TENXC Wireless Inc vs. ANDREW LLC FAO No 697/2010; Delhi High Court), while disposing an appeal contesting the suspension of the ex-parte ad-interim injunction favouring TenXc, set aside the suspension and gave directions that the single judge may decide Andrew's application under Order XXXIX Rule 4 of the Civil Procedure Code, 1908 (CPC), to vacate the ex-parte ad-interim injunction, afresh after giving an opportunity to hear the patent holder.