Patents Act, 1970 — Section 106 — Groundless threat of infringement — Independent cause of action — The suit for groundless threat of infringement under Section 106 of the Patents Act, 1970, has an independent cause of action from a suit for infringement, as a negatory provision present in the earlier 1911 Act was deleted in the 1970 Act. Prior to 1970 Act, a suit for groundless threats would not apply if an infringement action was commenced and prosecuted with due diligence. However, this proviso was removed in the 1970 Act.
2025 INSC 1253 SUPREME COURT OF INDIA DIVISION BENCH ATOMBERG TECHNOLOGIES PRIVATE LTD. Vs. EUREKA FORBES LIMITED AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Atul S. Chandurkar, JJ.…


