Bhavesh has filed a suit for infringement of patent against Pankhuri in the District Court. In response Pankhuri files a counter-claim and claim for revocation of the patent owned by Bhavesh. Which…

Under the proviso to section 104 of the Patents Act, 1970, where a counter-claim for revocation of the patent is made in a suit for infringement, the suit and the counter-claim are transferred to the High Court for decision. So the District Court cannot try them, the Intellectual Property Appellate Board was abolished in 2021, and the Supreme Court is not a court of first instance in patent suits.