12 February 2018

Patent infringement - Technical expert allowed during cross-examination

Delhi High Court has allowed defendant’s interim application regarding presence of his technical expert during cross-examination of plaintiff’s witness, an expert himself. The plaintiff had relied upon Chapter XIII Rule 4 of the Delhi High Court (Original Side) Rules, 1967 according to which witnesses were not to be present in the Court during hearing of the suit.  

Considering that suit involved patent infringement, the Court in Dolby International AB v. Das Telecom Pvt. Ltd., however, observed that lawyers are not expected to have technical knowledge to cross-examine a technical witness and that even a party and/or his authorized representatives may not have necessary technical knowledge for the purpose.

It held that otherwise it will be a violation of principles of natural justice and rule of law because a person will be asked to shoot in dark and be denied entitlement to effectively contest.

The High Court was of the view that merely because this expert witness of the defendants has filed his affidavit by way of evidence with respect to a fact situation of the present case would not mean that he should not be allowed to be present. 


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