It is also well settled law that if patent has not been sufficiently exploited in India and there is no user of the said patent in commercially viable form in India, the court may tilt the discretion in the interim stage in favour of the defendant.
  • Franz Xaver Huema vs. Yash Engineers, AIR 1997 Del 79 (DB) at 82 para 12
  • Manicka Thevar vs. Star Plough Works, AIR 1965 Mad 327
  • Sandeep Jaidka vs. Mukesh Mittal & Anr., (2014 (59) PTC 234 (Del.)
  • Glaverbel S.A. vs. Dave Rose and Ors., 2010 (43) PTC 630 (Del.)