What to Do If Sued for Patent Infringement in India

What to Do If Your Company is Sued for Patent Infringement in India

The term patent comes from the Latin phrase “litterae patentes”, meaning “open letters.” These documents granted privileges or rights to inventors, allowing them to control the use of their inventions. Patents, governed by the Patents Act, 1970, are crucial for protecting innovations in India. If your company faces a patent infringement lawsuit, knowing the necessary legal steps to defend your business is vital.

Understanding Patent Infringement

Patent infringement occurs when someone uses, makes, or sells a patented invention without permission. Before taking legal action, verify if the patent in question is valid and whether the suing party owns it. You must compare the patent’s claims with the accused product or process. Courts apply the “doctrine of equivalents” to determine if the accused product is substantially the same as the patented one, even if some elements differ.

Key Actions to Take When Sued

1. Assess the Validity of the Claim:
When your company receives a notice or cease and desist letter, consult a patent attorney immediately. They will help you analyze the claim and the patent in question. Ensure you understand the patent’s scope and determine whether your product or process actually infringes upon it.

2. Prepare Your Defense:
Collect all necessary documents, such as product designs, patents, or prior art, to help prove your company’s innovation differs or pre-dates the patent in question. Conduct a Freedom to Operate (FTO) search to identify any infringement risks, which will support your defense.

3. Respond to Cease and Desist Letters:
Upon receiving a cease and desist letter, which demands that you stop using the patented technology, respond within the specified time frame. With the assistance of legal counsel, draft a well-structured reply to prevent escalation to court.

Legal Proceedings in Patent Infringement Cases

If the matter doesn’t resolve through correspondence, the patent holder may file a lawsuit. Here’s what happens next:

1. Filing of the Lawsuit:
Patent holders have a three-year limitation period from the date of infringement to file a lawsuit. Filing beyond this timeframe risks dismissal. For continuing infringement, the period starts from the last instance of infringement.

2. Pre-Trial Steps:
Before the trial, several pre-trial steps take place, such as:

  • Notice of Infringement: The patent holder informs your company about the infringement.
  • Reply: You must respond within a specified time, explaining your defense.
  • Hearing: Both parties present their case during a hearing. The court evaluates whether an injunction is necessary to stop the alleged infringement immediately.

3. Injunctions and Damages:
If the court finds infringement, it may issue an injunction to prevent further use of the patented invention. Additionally, the court may award damages, including compensation for lost profits, royalty payments, or punitive damages for severe cases.

Role of Exclusive Licensees

Sometimes patents are licensed to third parties, known as exclusive licensees, who can enforce the patent and sue for infringement. Before they file a lawsuit, the licensee’s right to sue must be clearly defined in the agreement with the patent owner. Reviewing these agreements clarifies the licensee’s rights.

How to Detect Patent Infringement

To avoid patent infringement lawsuits, being proactive is essential. Conduct an FTO search before launching a product to avoid unintentional infringement. Additionally, keep an eye on your competitors through market surveillance and industry associations to identify potential infringement early. Monitoring competitors’ patents and activities helps you stay ahead and avoid legal disputes.

Limitation Period for Filing a Suit in India

Under the Patents Act, 1970, the patent holder must file a patent infringement suit within three years of the infringement. Patent owners must promptly detect infringements and take legal action to protect their rights. Delays beyond the statutory period may result in the loss of legal remedies.

Conclusion

Patent infringement lawsuits are complex, but understanding the steps involved can help companies defend their interests. If your company faces a patent infringement lawsuit in India, consulting legal experts, preparing a strong defense, and responding to legal notices swiftly is crucial. By knowing the legal framework and acting quickly, companies can safeguard their innovations and avoid the challenges posed by intellectual property disputes.


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Legal Associate Litigation Job Mumbai | Chambers of Advocate Aditya Lele – Apply Now

If you are a motivated lawyer with a passion for litigation and a strong understanding of civil, commercial, and constitutional law, this Legal Associate Litigation job Mumbai is an excellent opportunity to advance your career. Chambers of Advocate Aditya Lele is a specialized litigation practice handling matters before Trial Courts, Appellate Courts, and Quasi-Judicial Authorities.

This role is ideal for young advocates who are eager to gain hands-on courtroom experience, participate in client advisory, and work closely with an experienced litigation team.


About Chambers of Advocate Aditya Lele

Chambers of Advocate Aditya Lele focuses on Civil, Commercial, and Constitutional litigation and is recognized for its professional and results-oriented approach. The chambers provides strategic litigation support, case analysis, and legal advisory services to clients across sectors.

By joining the chambers, candidates can gain intensive exposure to litigation in multiple courts, develop strong drafting skills, and work on high-value civil and commercial cases.


Location & Work Mode

  • Location: Mumbai
  • Mode: On-site, full-time

Mumbai, as the commercial capital of India, offers a dynamic legal environment with exposure to civil, corporate, and constitutional matters across various levels of courts.


Position & Vacancies

  • Post: Legal Associate – Litigation
  • Vacancies: 1
  • Mode: Full-time

This Legal Associate Litigation job Mumbai is open to advocates with at least 1 year of post-qualification experience, holding a valid Sanad.


Eligibility Criteria

Candidates must meet the following requirements:

  • Qualification: LL.B. with 1+ year post-qualification experience.
  • Field of Practice: Civil, Commercial, and Constitutional Litigation in Trial and Appellate Courts.
  • Skills Required:
    • Strong drafting, research, and analytical skills
    • Knowledge of Civil Procedure Code and other civil laws
    • Ability to draft notices, complaints, affidavits, writ petitions, replies, rejoinders, and applications
    • Court appearances before High Court, Sessions Court, City Civil & District Courts, Magistrate Courts, and Quasi-Judicial Authorities
    • Excellent written, verbal, and presentation skills
    • Fluency in English and strong client-handling capabilities
    • Team player with collaborative working style

This role is ideal for candidates who are confident in court proceedings and eager to build a strong litigation career in Mumbai.


Key Responsibilities

As a Legal Associate – Litigation, your responsibilities will include:

  1. Drafting & Reviewing Legal Documents:
    • Prepare and review pleadings, notices, complaints, affidavits, writ petitions, and other legal documents.
  2. Legal Research & Case Analysis:
    • Conduct in-depth research on statutes, case laws, and precedents.
    • Analyze cases and assist in formulating case strategies.
  3. Court Appearances:
    • Represent clients before various courts and tribunals.
    • Assist senior advocates during hearings and arguments.
  4. Client Coordination:
    • Participate in client meetings, case strategy discussions, and provide updates.
    • Support client handling and professional communication.

This Legal Associate Litigation job in Mumbai offers practical exposure to real-time litigation and professional mentoring under an experienced advocate.


Remuneration

  • Salary: Based on experience (to be discussed during the interview)
  • The chambers provides a professional work environment with exposure to a wide spectrum of litigation matters.

How to Apply

Interested candidates should send their CV to:

Email: careers.chambersofadvasl@gmail.com

Email Subject Line: LEGAL ASSOCIATE – LITIGATION

Include the following details in the body of the email:

  • Current Firm
  • Designation
  • Years of experience (legal field)
  • Notice period
  • Expected CTC

Early applications are encouraged as this is a highly specialized litigation role with limited vacancies.


Skills & Qualities Required

  • Strong drafting, analytical, and research skills.
  • Confidence in court appearances and legal argumentation.
  • Ability to manage client communications professionally.
  • Good team collaboration and adaptability in a fast-paced litigation environment.
  • Understanding of civil, commercial, and constitutional laws and procedures.

Why Join Chambers of Advocate Aditya Lele?

  • Hands-on exposure to civil, commercial, and constitutional litigation.
  • Opportunity to work directly with senior advocates and litigation experts.
  • Build expertise in drafting, case strategy, and courtroom advocacy.
  • Professional growth in a dynamic and high-profile legal environment.
  • Ideal platform for advocates looking to specialize in litigation in Mumbai.

Conclusion

The Legal Associate Litigation job Mumbai at Chambers of Advocate Aditya Lele is an excellent opportunity for advocates with 1+ year of PQE to strengthen their litigation skills across Civil, Commercial, and Constitutional matters. With direct courtroom exposure, client interaction, and mentorship under experienced advocates, this role is a strong step toward building a successful litigation career in Mumbai.

Apply today by sending your CV and details to the chambers and take the next step in your legal career.

If you are a motivated lawyer with a passion for litigation and a strong understanding of civil, commercial, and constitutional law, this Legal Associate Litigation job Mumbai is an excellent opportunity to advance your career. Chambers of Advocate Aditya Lele is a specialized litigation practice handling matters before Trial Courts, Appellate Courts, and Quasi-Judicial Authorities.

This role is ideal for young advocates who are eager to gain hands-on courtroom experience, participate in client advisory, and work closely with an experienced litigation team.


About Chambers of Advocate Aditya Lele

Chambers of Advocate Aditya Lele focuses on Civil, Commercial, and Constitutional litigation and is recognized for its professional and results-oriented approach. The chambers provides strategic litigation support, case analysis, and legal advisory services to clients across sectors.

By joining the chambers, candidates can gain intensive exposure to litigation in multiple courts, develop strong drafting skills, and work on high-value civil and commercial cases.


Location & Work Mode

  • Location: Mumbai
  • Mode: On-site, full-time

Mumbai, as the commercial capital of India, offers a dynamic legal environment with exposure to civil, corporate, and constitutional matters across various levels of courts.


Position & Vacancies

  • Post: Legal Associate – Litigation
  • Vacancies: 1
  • Mode: Full-time

This Legal Associate Litigation job Mumbai is open to advocates with at least 1 year of post-qualification experience, holding a valid Sanad.


Eligibility Criteria

Candidates must meet the following requirements:

  • Qualification: LL.B. with 1+ year post-qualification experience.
  • Field of Practice: Civil, Commercial, and Constitutional Litigation in Trial and Appellate Courts.
  • Skills Required:
    • Strong drafting, research, and analytical skills
    • Knowledge of Civil Procedure Code and other civil laws
    • Ability to draft notices, complaints, affidavits, writ petitions, replies, rejoinders, and applications
    • Court appearances before High Court, Sessions Court, City Civil & District Courts, Magistrate Courts, and Quasi-Judicial Authorities
    • Excellent written, verbal, and presentation skills
    • Fluency in English and strong client-handling capabilities
    • Team player with collaborative working style

This role is ideal for candidates who are confident in court proceedings and eager to build a strong litigation career in Mumbai.


Key Responsibilities

As a Legal Associate – Litigation, your responsibilities will include:

  1. Drafting & Reviewing Legal Documents:
    • Prepare and review pleadings, notices, complaints, affidavits, writ petitions, and other legal documents.
  2. Legal Research & Case Analysis:
    • Conduct in-depth research on statutes, case laws, and precedents.
    • Analyze cases and assist in formulating case strategies.
  3. Court Appearances:
    • Represent clients before various courts and tribunals.
    • Assist senior advocates during hearings and arguments.
  4. Client Coordination:
    • Participate in client meetings, case strategy discussions, and provide updates.
    • Support client handling and professional communication.

This Legal Associate Litigation job in Mumbai offers practical exposure to real-time litigation and professional mentoring under an experienced advocate.


Remuneration

  • Salary: Based on experience (to be discussed during the interview)
  • The chambers provides a professional work environment with exposure to a wide spectrum of litigation matters.

How to Apply

Interested candidates should send their CV to:

Email: careers.chambersofadvasl@gmail.com

Email Subject Line: LEGAL ASSOCIATE – LITIGATION

Include the following details in the body of the email:

  • Current Firm
  • Designation
  • Years of experience (legal field)
  • Notice period
  • Expected CTC

Early applications are encouraged as this is a highly specialized litigation role with limited vacancies.


Skills & Qualities Required

  • Strong drafting, analytical, and research skills.
  • Confidence in court appearances and legal argumentation.
  • Ability to manage client communications professionally.
  • Good team collaboration and adaptability in a fast-paced litigation environment.
  • Understanding of civil, commercial, and constitutional laws and procedures.

Why Join Chambers of Advocate Aditya Lele?

  • Hands-on exposure to civil, commercial, and constitutional litigation.
  • Opportunity to work directly with senior advocates and litigation experts.
  • Build expertise in drafting, case strategy, and courtroom advocacy.
  • Professional growth in a dynamic and high-profile legal environment.
  • Ideal platform for advocates looking to specialize in litigation in Mumbai.

Conclusion

The Legal Associate Litigation job Mumbai at Chambers of Advocate Aditya Lele is an excellent opportunity for advocates with 1+ year of PQE to strengthen their litigation skills across Civil, Commercial, and Constitutional matters. With direct courtroom exposure, client interaction, and mentorship under experienced advocates, this role is a strong step toward building a successful litigation career in Mumbai.

Apply today by sending your CV and details to the chambers and take the next step in your legal career.


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