Territorial Jurisdiction in a IPR Suit is a Mixed Question of Fact and Law

Recently, the Delhi High Court declined to return the plaint in Sun Pharmaceutical Industries Ltd.’s trademark infringement and passing off action against Artura Pharmaceuticals Pvt. Ltd. Justice Tejas Karia held that the issue of territorial jurisdiction could not be dismissed at the threshold, particularly since the online activities relied upon by the plaintiff suggested that part of the cause of action may have arisen in Delhi.

In light of the foregoing discussion, the High Court dismissed the application under Order VII Rule 10 CPC and directed that the issue of territorial jurisdiction be framed as a preliminary issue to be adjudicated after both parties have an opportunity to lead evidence.