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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

In Nirmal Auto's infringement suit, the court finds claim 1 valid and infringed, but claim 4 invalid. Nirmal proves claim 4 was framed in good faith and with reasonable skill and knowledge. Under section 114, what follows?

The court must grant relief on the valid infringed claim, subject to its discretion on costs and the date from which damages or account of profits are reckoned. Section 114(2) applies because the invalid claim was framed in good faith with reasonable skill and knowledge.

  1. ARelief is limited strictly to an injunction on claim 1
  2. BThe court must grant relief on the valid infringed claim, with discretion over costs and the date from which damages or account of profits runCorrect
  3. CThe whole patent fails because one claim is invalid
  4. DThe court cannot award damages under any circumstances

Explanation

Under section 114(1), relief on a valid infringed claim is ordinarily by injunction only. Section 114(2) lifts that limit where the plaintiff proves the invalid claim was framed in good faith and with reasonable skill and knowledge: the court shall grant relief on the valid claim, subject to its discretion on costs and the date from which damages or profits are reckoned.

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