India: Patent Counter Claim And Revocation Petition Cannot Be Pursued Simultaneously: SC

• The Supreme Court in this decision has indicated its desire to avoid multiplicity of proceedings on the same issue before different forums.
• Post grant opposition of a patent initiated by any person interested, will abate the right of the same person to file a revocation petition or a counter claim of revocation of the same patent.
• The revocation petition of patent and counter claim of revocation of patent in an infringement suit cannot be availed as simultaneous remedy.

http://www.mondaq.com/india/x/324912/Patent/PATENT+COUNTER+CLAIM+AND+REVOCATION+PETITION+CANNOT+BE+PURSUED+SIMULTANEOUSLY+SC