Supreme Court Transfers Eureka Forbes' Patent Infringement Suit Against Atomberg's “Intellon” Water Purifier To Bombay High Court

The Supreme Court considered rival suits filed by Eureka Forbes and Atomberg arising from overlapping allegations about a water-purifier marketed as “Atomberg Intellon” and, to avoid multiplicity of proceedings and conflicting decrees, transferred Eureka Forbes’ infringement suit pending in the Delhi High Court to the Bombay High Court where Atomberg’s earlier suit under Section 106 (groundless threats of patent infringement) was already pending. The bench emphasised the utility of consolidating proceedings where facts and issues substantially overlap, observed that jurisdiction in Delhi had been invoked by Eureka Forbes primarily because of an online purchase, and rejected forum-shopping that would lead to duplication of evidence. The Court also clarified that Section 106 of the Patents Act is an independent cause of action that is not automatically barred because another infringement suit exists, but practical concerns of judicial economy and the timing of filings weighed in favour of transfer. The direction includes expeditious disposal of pending injunction applications and expressly notes the potential for inconsistent findings if two courts proceeded independently.