No double riding! Court clarifies on patent revocation plea in case involving Philips

In the case of Versuni Holding B.V. Trading as Preethi v. Maya Appliances Private Limited, the Madras High Court held that a stand alone revocation petition was not maintainable once the defendant had already taken the invalidity route in the pending patent infringement suit. The court treated the plea for revocation in the written statement before the Delhi High Court as an election of remedy. The court also held that the challenge could not be pursued again in another forum, since that would amount to re agitating the same defence and forum shopping.