Patents Litigation Practice

CLG litigation lawyers practice in an array of  fields and have had experience in conducting successful litigation for clients in Courts (Supreme Court of India, Delhi High Courts and other High Courts, District Courts and Special Courts and Tribunals).  Patent Litigation is still in its incipient stages in India. Unlike other jurisdictions like in the US EU and Japan, India does not have special courts for dealing with patent matters. The new Intellectual Property Appellate Board (IPAB), operationalized since April 2006, has been provided limited jurisdiction over matters of dispute between patent applicants and the patent office. The majority of patent infringement and other disputes are dealt with by the regular Civil Courts in India. This poses a challenge before a patent litigation lawyer to marry law and science in an optimum fashion. CLG has meted with this challenge by achieving a seamless tandem between scientists, patent agents and Civil litigation lawyers in the firm. Our scientists and patent agents approach every technical issue with surgical precision and then our litigation lawyers translate the technical components into effective litigation strategies, keeping in view the intricate aspects of the functioning of the Civil Court that we have learnt from our rich experience in court craft over the years. Our firm is one of the few corporate firms that are Advocates - on – record (registered solicitors) before the Supreme Court of India.

With a full-fledged product patent regime in place since 2005, we expect litigation with regard to pre-grant oppositions, scope of patentability, infringement issues, compulsory licensing issues and so on. CLG’s litigators, with support from scientists and patent agents are well adept to understand and appreciate scientific, technical and legal issues of patent laws as also the Court and enforcement system in India.  Over the years, we have built up a system where Senior Counsels of repute act as our ‘off counsels’ and /or arguing counsels to argue at key/final hearings.