DELHI HIGH COURT DENIED INTERIM RELIEF TO FREEBIT'S 'IMPROVED EARPIECE', IMPOSED COST OF RS 5 LAKHS FOR SUPPRESSING MATERIAL FACTS

The Delhi High Court in the case Freebit AS v. Exotic Mile Private Limited observed and has dismissed an application filed for interim injunction by leading supplier of in-ear products ‘Freebit AS’

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The court in the case observed that it had suppressed material facts and the suit patent was vulnerable to revocation.

The bench headed by Justice Prathiba M Singh in the case observed and has explicated that it being necessary to the extent possible, for a plaint to include details of corresponding foreign patent applications, as well as information which relates to any orders passed by a Court or Tribunal concerning the same or substantially similar invention as asserted in the suit.

The court also referred to the Supreme Court decision in the case Arunima Baruah v. Union of India to opine that the principle that he who comes into equity must come with clean hands is relevant to the patent infringement and a plaintiff’s failure to disclose revocations or invalidations of corresponding foreign patents has material bearing on the case.