Patent Litigation

The Firm has pioneered patent litigation in India’s post TRIPS (the Agreement on Trade Related Aspects of Intellectual Property Rights) regime, advising, and acting on behalf of, leading international pharmaceutical companies on seminal matters including Section 3(d) of the Patents Act and the issue of compulsory licensing. More recently, telecom disputes involving Fair, Reasonable and Non-Discriminatory (FRAND) licensing agreements in Standard Essential Patents (SEPs) have been an area of focus. With one of the largest, most experienced patent litigation teams in the country, our capabilities include:

 

  • Preparing dynamic, informed litigation strategies with clear risk and cost analysis;
  • Enforcing patent rights through the institution of infringement suits, filing of writ petitions, special leave petitions, revocation petitions etc. before various district courts and high courts in the country, the Supreme Court of India as well as handling proceedings before specialist tribunals and administrative bodies;
  • Advising on alternate dispute resolution through arbitration, mediation, conciliation, etc. in cases where formal litigation is not the best option for a client;
  • Devising effective monitoring and enforcement programs to ensure that technology license agreements are being honoured;
  • Forewarning and assisting clients before an actual dispute arises, with the aim of placing our clients in the best possible position in the eventuality that litigation does arise;
  • Assisting clients with border control measures including the filing of custom watch notices.

“On the contentious front, Remfry & Sagar has a real facility for hammering out favourable out-of-court settlements, but fights doggedly in court when necessary.”

IAM Patent 1000 2017

“Many can offer lower prices, but when stakes are high for multibillion-dollar companies, they will only give their patent issues to a time-honoured firm like Remfry & Sagar.”

IAM Patent 1000 2016

“Top-league specialists who offer expertise across a wide range of areas.”

Chambers Asia Pacific Guide 2017

 

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