Sections 105-107: Patent Infringement - Infringer's PoV

[@nutanpawar9034]

There was one question in paper 2 of year 2016:
APatent was granted to X on a communication system.After getting the patent X serves a notice of infringement upon Y on the ground that he was infringing the patent granted to
X.
Y approaches you foe suitable advice.Please explain to Y the remedies under the patent act.
Porwal Sir my answer is as per sec 105 Y will seek the declaration for non infringement and as per sec 106 Y will grant the relief ...
Sir please correct me

[@AbhayPorwal]

Let's crack this as per our approach of decoding the question! So, what is the objective - to get relief from the infringement allegation - how can we do it? Simplest of the options are to prove that the patent itself is invalid - how do we do it? Post-grant opposition or revocation depending on how much time is lapsed.
Can we think of another option? What about approaching the controller with a complaint that the patentee is troubling you with unjustified threats? What section is that?
Anything else?

[@nutanpawar9034]

I got it Sir , Y shall approach controller that those threats are unjustifiable ...sec 106

[@madhukapoor7440]

Thanks.. the entire series on infringement analysis is quite good.

[@rashmipriyamohanty2392]

Sir,
Cost paid by plaintiff would be for only this type of scenario or would be for any type of INFRINGEMENT SUIT scenarios?

[@AbhayPorwal]

Awarding cost is usually at the discretion of courts. So, it can happen during any proceedings in the courts.