Dr. Wobben loses appeal – Revocation proceedings to continue before both IPAB and HC

SPICY IP:

In a recent 26 pages, well-reasoned judgment a Division Bench of the Delhi High Court consisting of Justice Sanjay Kaul and Justice Rajiv Shakhder dismissed an appeal by Dr. Wobben against an order of Justice Ravindra Bhat, dated 6th December, 2010. We had earlier covered Justice Bhat’s order over here. The DB’s order is available over here
This order is the latest in the series of legal defeats suffered by Dr. Wobben and his company Enercon GmBH in their four year legal battle against their Indian subsidiary, Enercon India Ltd. The present round of litigation pertains to the 23 revocation petitions filed by Enercon India, before the IPAB, seeking the revocation of 23 patents belonging to Dr. Wobben. In late 2010, the IPAB heard 12 of these petitions and ended up revoking all the patents challenged in these petitions. The remaining 9 petitions are scheduled to be heard before the IPAB in February, 2012. (Image from here)
Sometime after these revocation petitions had initially been filed in 2009, Dr. Wobben and his company Enercon GmBH filed a series of patent infringement suits before the Delhi High Court. In the course of defending these suits, Enercon India Ltd. filed several counter-claims, in the infringement suits, seeking revocation of the patents that were claimed to be infringed. This is permissible under Section 64. It however turned out that the same patents were the subject of revocation proceedings before the Delhi High Court and the IPAB. This would mean that both forums would be deciding similar questions of law and fact. 
In late 2010, Dr. Wobben had moved the Delhi High Court seeking a stay of the proceedings before the IPAB until the Delhi High Court had disposed the infringement suits and the counter-claim for revocation. This request