Patent Law

Patent Wars: The Counter-Attack Strategy โš–๏ธ


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๐Ÿ›๏ธ When Defense Becomes the Best Offense

๐ŸŒŸ Imagine being sued for stealing someone's invention, but instead of just defending yourself, you prove their patent was never valid in the first place! This episode reveals the powerful counter-claim strategy that can turn patent infringement cases upside down.

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” How Section 64(1) of the Indian Patents Act lets defendants fight back with counter-claims
  • โš–๏ธ The "one remedy rule" that prevents forum shopping and parallel proceedings
  • ๐ŸŽฏ Four rock-solid grounds to challenge any patent: novelty, inventive step, utility, and description
  • ๐Ÿ’ช Why proving a patent invalid makes the entire infringement case disappear

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Dr. Aloys Wobben vs. Yogesh Mehra - The landmark wind turbine case that established the "one remedy" principle
  • โญ Vishwanath Prasad vs. Hindustan Metal Industries - Supreme Court's take on what makes patents truly valid

๐ŸŽ™๏ธ By the end, you'll understand how smart defendants can turn patent lawsuits into opportunities to eliminate weak patents from the system entirely!

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Patent LawBy Sharad Bansal