Patent Infringement: Delhi High Court Restrains Zydus From Manufacturing Biologic Similar To 'Nivolumab' Cancer Drug

The Delhi High Court has restrained Zydus Lifesciences Limited from manufacturing, selling importing, exporting or dealing in any biologic which is similar to Nivolumab, a drug used to treat cancer, sold under the brand name “Opdivo.”Justice Mini Pushkarna passed the interim order in favour of Nivolumab's manufacturer company- E.R. Squibb and Sons LLC, in its patent infringement suit against Zydus. Scquibb and Sons filed the suit seeking permanent injunction for restraining infringement of its...

Writ Jurisdiction Cannot Be Invoked When Party Has Already Approached DRT Under SARFAESI Act: Delhi High Court

The Delhi High Court has dismissed a petition while upholding that if a borrower has already approached the Debt Recovery Tribunal (DRT) under the SARFAESI Act, for a one-time settlement, a writ seeking the same relief under Article 226 of the Constitution is not maintainable. Background of the Case The petitioner has availed the credit facilities from the consortium of banks, i.e., Punjab National Bank, Indian Bank, and UCO Bank. Later on, the account of the petitioner was declared...

Arbitration Can't Be Restricted To Specific Respondents When Agreements Form Part Of Single Commercial Transaction: Delhi High Court

The Delhi High Court bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar held that when an application under Section 8 of the Arbitration Act is filed in opposition to a civil suit, a party cannot later object that the arbitration was intended to apply only to specific respondents, especially when the pleadings indicate that the agreements formed part of a single commercial transaction. The present appeal has been filed under section 13(1A) of the Commercial Courts...

Notice U/S 153C Income Tax Act Can Be Issued Only If Incriminating Material Has 'Bearing On Total Income' Of Non-Searched Assessee: Delhi HC

The Delhi High Court has made it clear that assessments under Section 153C of the Income Tax Act, 1961 can be made on a non-searched entity only when the Assessing Officer has incriminating material which “has a bearing” on its total income.Section 153C allows the Revenue department to proceed against a party other than the person who is being searched, if incriminating articles belonging to the other person are found during the search.A division bench of Justices Vibhu Bakhru and Tejas Karia...

Delhi High Court Upholds Arbitral Award Of About ₹229.5 Crores Against NHAI As 'Termination Payment'

The Delhi High Court bench of Justice Jasmeet Singh has upheld an Arbitral Award directing the National Highways Authority of India (“NHAI”/”Petitioner”) to deposit ₹229.50 crores as Termination Payment into the Escrow Account along with interest and costs. The court reiterated that the scope of judicial interference under Section 34 of the Arbitration and Conciliation Act, 1996 is narrow and circumscribed. The Arbitral Award can be set aside on the ground, inter alia, being in conflict...

Delhi High Court Orders Lava To Pay ₹20 Crore Pro Tem Deposit In Patent Infringement Suit By Dolby Over Breach Of 'FRAND' Obligations

In a major setback for Indian mobile company Lava, the Delhi High Court has ordered a pro tem deposit of over ₹20 crore, in the patent infringement suit filed by Europe based audio/video processor Dolby International.In doing so, Justice Amit Bansal deprecated Lava's conduct during negotiations with Dolby— amounting to 'patent holdout'.“Throughout the negotiations that were carried out for six years, Lava kept on asking for details and information from Dolby, without providing any evidence to...

Delhi High Court Explains Scope Of 'Pro Tem' Orders In Patent Infringement Suit Against Mobile Company 'Lava'

The Delhi High Court recently had the occasion to discuss in detail the scope of a pro tem order, while dealing with Europe based audio/video processor Dolby International's suit against alleged patent infringement by Indian mobile phone company Lava.A pro tem order is an extraordinary relief granted by Courts which operate till the time an application for interim injunction is decided by the Court. It requires the implementer of a patented subject to make a security deposit, as prescribed by...

India-UK DTAA | Consideration For Availing Services That Require Technical Expertise Not FTS Unless Recipient Absorbs Technology: Delhi HC

The Delhi High Court has made it clear that consideration paid for merely availing services that require technical expertise would not qualify as 'Fees for Technical Service' under Article 13 of the India-UK DTAA.A division bench of Justices Vibhu Bakhru and Tejas Karia observed that unless the recipient absorbs the technology and exploits it independently, it cannot qualify as 'FTS' which is taxable in India for the service provider. It observed,“The services rendered must entail, the service...

Penalty U/S 122(1A) GST Act Can Be Imposed Retrospectively Even If SCN Was Issued After Its Enactment: Delhi High Court

The Delhi High Court has made it clear that Section 122(1A) of the Goods and Services Tax Act 2017 can be imposed retrospectively, provided the show cause notice had been issued to the assessee when the provision was introduced.Section 122 contemplates penalties for certain offences under the GST Act, including fraudulent availment of input tax credit.Section 122(1A) was introduced by the Finance Act 2020 and came into effect on 1 January 2021. It prescribes that any person who retains the...

Parties Can't Be Barred From Performing Contractual Obligations In Final Partial Award When It Remains In Force: Delhi HC

The Delhi High Court bench of Justice Jasmeet Singh has held that parties cannot be prevented from performing their contractual obligations as interpreted in the Final Partial Award, especially when both the Final Partial Award as well as the contract interpreted therein have not been stayed and remain in force. The present appeal has been filed under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) against an order passed by the Arbitral Tribunal (AT) by...

S.107 GST Act | Impugned Order “Automatically Stayed” Once Appeal Is Filed & Pre-Deposit Is Made; No Attachment Of Bank Account: Delhi HC

The Delhi High Court has observed that once an appeal is filed by the assessee under Section 107 of the Central Goods and Services Tax Act 2017 and pre-deposit is made, there is “automatic stay” of the impugned order raising demand.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta thus interdicted the bank from attaching the account of an assessee, who had preferred an appeal against demand. It observed,“A perusal of Section 107(7) of the Central Goods and Services Tax Act,...

S.3(k) Patents Act | Delhi High Court Declines Patent To US-Entity For System To Locate Users Sharing 'Sensitive Content' On P2P Networks

The Delhi High Court has declined a plea moved by US-based Kroll Information Assurance, seeking to patent 'System to locate users via a Peer to Peer Network'.Justice Amit Bansal cited Section 3(k) of the Patents Act 1970 which declares inventions related to 'algorithm' and 'computer program per se' as non-patentable. The bench observed,“For a software or computer programme to qualify as an eligible subject matter under section 3(k) of the Act, it should be more than a mere sequence of...