The case of Celem SA and Yet another v Alcon Electronics PVT Ltd [2006] concerned jurisdictional troubles relating to patent infringement. The claimant organizations have been engaged in the manufacture of elements for the electrical induction heating industry, and have been the holders of a European patent in relation to particular capacitors.

The defendant was an Indian firm also engaged in the manufacture of solutions for the electrical induction heating industry. The claimants had alleged different breaches of their UK intellectual home rights by the defendant. They argued that the manufacture of particular capacitors by the defendants infringed the UK patent. In addition, the claimants’ particulars of claims created a lot of allegations in relation to the importation and distribution of the infringing articles inside the United Kingdom.

The claimants have been granted permission to serve their proceedings on the defendant in India. The defendant created an application which challenged the jurisdiction of the English courts. As a outcome, two concerns fell to be determined:

– No matter whether there was a really serious concern to be attempted and

– If so, regardless of whether the court had been ideal to exercising its discretion in accepting jurisdiction.

The application was dismissed.

In the immediate case, the documentary proof connected to the parties had demonstrated a quantity of really serious troubles to be attempted in relation to the alleged infringements occurring inside the United Kingdom. In addition, provided the Indian court’s reluctance to entertain a claim which sought to guard UK intellectual home rights, it appeared that the only forum in which the claimants could guard these rights was the English courts.

In these situations, it was held that the court had been ideal to exercising its discretion in accepting jurisdiction.