Newsletter - September, 2024

IP infringement suit dismissed for not complying with the mandate of preinstitution mediation

[Novenco Buidling & Industry A/S v. Xero Energy Engineering Solutions Pvt. Ltd. & Anr. (Neut. Cit. No. 2024:HHC:7518)]

Recently, the Himachal Pradesh High Court rejected a suit for infringement of designs and patents on the ground that the plaintiff had not exhausted the remedy of pre-institution mediation.

In this case, as per the plaintiff, the cause of action last arose in December, 2023 but the suit was filed in June 2024 without following the mandate of the Pre-institution mediation.

Considering the above-mentioned factual matrix, the Hon’ble Court held that since there is no urgency pleaded in the suit, the plaintiff was obligated to avail the remedy of pre-institution mediation as contemplated in Section 12A of the Commercial Courts Act, 2015.