Supreme Court Judgment: Urgent IP Infringement Cases Bypass Section 12A Mediation Mandate

Supreme Court ruled that IP infringement suits involving continuing violations are exempt from mandatory pre-institution mediation under Section 12A of the Commercial Courts Act. Danish manufacturer Novenco Building sued former distributor Xero Energy Engineering Solutions and Aeronaut Fans Industry for patent and design infringement. Himachal Pradesh High Court rejected the plaint for non-compliance with mediation requirements, but Supreme Court reversed, holding continuing infringement creates inherent urgency that bypasses mediation mandates.