SC Transfers Patent Infringement Suit Between Atomberg and Eureka Forbes to High Court
SC Transfers Patent Infringement Suit Between Atomberg and Eureka Forbes to Bombay High Court
Atomberg Technologies Pvt. Ltd. launched its “Atomberg Intellon” water purifier on 20 June 2025. Soon after, competitor Eureka Forbes allegedly issued oral threats to distributors, claiming patent infringement and warning of legal action. Atomberg filed a Bombay suit under Section 106 of the Patents Act, 1970, seeking injunctions against these threats.
A week later, Eureka Forbes filed a Delhi suit alleging patent infringement, claiming Atomberg’s purifier incorporated its proprietary “customizable taste and TDS adjustment” technology, previously accessible to Atomberg’s contract manufacturer, Ronch Polymers Pvt. Ltd.
Both parties sought the transfer of the other’s suit. Atomberg sought transfer of the Delhi suit to Bombay, while Eureka Forbes sought transfer of the Bombay suit to Delhi.
Issue Raised: Whether the patent infringement suit filed by Eureka Forbes in Delhi should be transferred to the Bombay High Court, where Atomberg’s earlier suit for groundless threats of infringement is pending.
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SC Held: The Supreme Court noted that Atomberg’s Bombay suit under Section 106 of the Patents Act was filed before Eureka Forbes’ Delhi infringement suit and that both involved overlapping facts, issues, and parties. The Court observed that Section 106 provides an independent cause of action distinct from infringement proceedings under Sections 104 and 108. It held that both actions should be tried together to avoid duplication, conflicting judgments, and wastage of judicial resources.
Relying on Chitivalasa Jute Mills v. Jaypee Rewa Cement, the Court emphasised the importance of consolidating proceedings where issues are substantially common. The Court allowed Atomberg’s Transfer Petition, transferring the Delhi suit to the Bombay High Court for joint trial with the pending Bombay suit. Eureka Forbes’ Transfer Petition was dismissed. The Bombay High Court was directed to dispose of pending injunction applications expeditiously.
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