This article explores the legal ramifications of patent expiry on relief for patent infringement, as exemplified by a recent case adjudicated by the Hon'ble Division Bench of the High Court of Delhi. The case involved an appeal against the rejection of interim orders seeking to restrain patent infringement. However, during the pendency of the appeal, the subject patents expired, prompting the court to consider the fate of relief for patent infringement post-expiry. The court's decision to vacate the injunction order sheds light on the principle that relief for patent infringement does not survive beyond the expiration of the patent term.

Introduction:
Patent protection serves as a cornerstone of innovation by granting inventors exclusive rights to their inventions for a limited period. However, disputes often arise when third parties allegedly infringe upon patented inventions. Legal recourse typically involves seeking injunctions and damages for patent infringement. This article examines a significant legal issue arising from patent expiry and its impact on relief for patent infringement, as elucidated by a recent case before the High Court of Delhi.

Background of the Case:
The case in question involves an appeal challenging the rejection of interim orders seeking to restrain patent infringement. The appellant sought relief under Order XXXIX Rule 1 & 2 of the Civil Procedure Code, 1908, but the applications were denied by the learned Single Judge. However, during the pendency of the appeal, the subject patents reached the end of their term, prompting a crucial question regarding the fate of relief for patent infringement post-expiry.

Legal Analysis:
The central legal issue in this case revolves around the effect of patent expiry on relief for patent infringement. Once a patent expires, the exclusive rights conferred by the patent no longer exist, rendering claims for patent infringement moot. In other words, the expiration of a patent extinguishes the basis for seeking injunctive relief against infringement.

The court's decision to vacate the injunction order underscores this fundamental principle. Despite the merits of the appellant's claims of patent infringement, the expiration of the patents in question rendered the relief sought irrelevant. All parties acknowledged the expiration of the patents, precluding any further claim for relief against infringement.

Implications and Precedent:
This case sets a significant precedent regarding the impact of patent expiry on relief for patent infringement. It highlights the principle that relief for patent infringement does not survive beyond the expiration of the patent term. Patent holders must be cognizant of the limited duration of their exclusive rights and take appropriate legal action before patent expiry to enforce their rights effectively.

Furthermore, this ruling underscores the importance of timely enforcement of patent rights and the need for parties to diligently monitor patent expiration dates. Failure to do so may result in the loss of valuable legal remedies against infringers once the patents expire.

Conclusion:
The case discussed exemplifies the legal intricacies surrounding relief for patent infringement in the context of patent expiry. The court's decision to vacate the injunction order serves as a reminder of the finite duration of patent rights and the implications thereof on legal remedies for infringement. Moving forward, stakeholders must be proactive in safeguarding their patent rights and navigating the complex legal landscape governing patent protection and enforcement.

Case Title: Boehringer Ingelheim Pharma GMBH and Co KG Vs Vee Excel Drugs And Pharmaceuticals Pvt. Ltd.
Order Date: 21.02.2024
Case No. FAO(OS) (COMM) 77/2023
Neutral Citation:N.A.
Name of Court: Delhi High Court
Name of Hon'ble Judge: Mr. Vibhu Bakhru and Tara Vitasta Ganju

Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539