This post will explain the different stages of an IPR suit in a brief manner at DHC. The IP suit is a commercial suit and the parties will follow the guidelines for the commercial suit as well as Delhi High Court rules for IP cases. As indicated in my previous post, IP suit will hardly go for a complete trial, as most IP matters will be decided on the outcome of the injunction applications. However, I have explained very briefly the different stages of the IP suit. You can read about me more at my LinkedIn profile.
Registration of the Suit
1. First Hearing: On the very first hearing the suit is registered and if the plaintiff has filed applications for exemption of pre-institution mediation, ex-parte injunction or appointment of a local commissioner, the same may be adjudicated on the first day of the hearing or on the next date of hearing on the appearance of the defendant.
Filing of Written Statement and Affidavit of Admission/Denial of Documents
2. Written Statement: The defendant is given 30 days from the date of receipt of the summons to file the written statement. The timeline is sacrosanct and cost may be imposed if the defendant does not meet the timeline. The defendant is also required to file the affidavit of admission/denial of documents filed along with the plaint at the time of filing the WS failing which WS will not be taken on record.
Replication
3. Replication: The plaintiff will be required to file the replication to the written statement along with the affidavit of admission/denial of documents filed along with the WS at the time of filing of the Replication, failing which the replication will not be taken on record.
Exhibition and Marking of Documents
4. Exhibition of Documents: Both parties will exhibit the documents before the Ld. Registrar of the court.
Framing of Issues
5. Framing of Issues: At this stage, issues will be framed between the parties and the onus of proving the respective issues will be decided.
Filing of List of Witnesses and Evidence by way of Affidavit
6. List of Witnesses and Evidence: Subsequently, the parties will file the list of witnesses and their respective evidence by way of Affidavits. Both parties will then cross-examine the witness of the opposing party.
Final Arguments
7. Final Arguments: Once the evidence is closed for both parties, the matter is listed for final arguments. The parties may submit written synopsis after the conclusion of the final arguments and lastly, the court may adjudicate the IP suit.
