Boehringer Ingelheim Pharma Gmbh And Co ... vs The Controller Of Patents & Anr

ik-76672212 Delhi High Court 24 February 2026 • 48 min read

Judges (2)

C. Hari Shankar Delivered Om Prakash Shukla Coram

Counsel (9)

Abhishek Manu Singhvi Counsel Appellant Arnav Mittal Counsel Respondent Arpita Sawhney Counsel Appellant G. Nataraj Counsel Respondent Nidhi Raman Counsel Respondent Prashanto Chandra Sen Counsel Appellant Rahul Bhujbal Counsel Respondent Sanjay Kumar Counsel Appellant Swathi Sukumar Counsel Amicus

Parties (2)

Boehringer Ingelheim Pharma GmbH and Co KG Appellant Controller of Patents Respondent

Case Significance

Boehringer Ingelheim Pharma Gmbh And Co ... vs The Controller Of Patents & Anr is a Delhi High Court decision dated February 24, 2026 (citation: ik-76672212). The patentee appealed a Single Judge's decision on two questions of patent law: whether a revocation petition under Section 64 of the Patents Act survives after the patent expires by efflux of time, and whether it can be maintained after an invalidity defence is raised under Section 107 in an infringement suit. The Division Bench held that a revocation petition remains maintainable and continues to survive even after patent expiry, and that revocation proceedings and invalidity defences opera The bench comprised Justices C. Hari Shankar and Om Prakash Shukla. The judgment was delivered by Justice C. Hari Shankar.

Summary

The patentee appealed a Single Judge's decision on two questions of patent law: whether a revocation petition under Section 64 of the Patents Act survives after the patent expires by efflux of time, and whether it can be maintained after an invalidity defence is raised under Section 107 in an infringement suit. The Division Bench held that a revocation petition remains maintainable and continues to survive even after patent expiry, and that revocation proceedings and invalidity defences operate in different spheres and can coexist without multiplicity of litigation. The appeal was dismissed.

What was the outcome of Boehringer Ingelheim Pharma Gmbh And Co ... vs The Controller Of Patents & Anr?

The patentee appealed a Single Judge's decision on two questions of patent law: whether a revocation petition under Section 64 of the Patents Act survives after the patent expires by efflux of time, a...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-76672212)