A patent holder can file a suit for infringement in the District Court or High Court. To file a patent infringement case, the patent holder must engage legal counsel to draft and file an infringement suit in the appropriate court.To initiate a patent infringement lawsuit in India, patent owners must first gather substantial evidence of infringement. View Travis Boone's profile on LinkedIn, a professional community of 1 billion members. Indian IP Litigation - How to take and win patent infringement and nullity cases in India, IP enforcement issues in India. Action for patent infringement. Fed. Rights in the Indian Patents Act allow plaintiffs to recover fair compensation from the infringer. For such cases, the patent holder can file suit for infringement against the third party and can demand an injunction as well as damages. Thus, the patentee-plaintiff must lead evidence first to establish infringement. The basic challenge in the enforcement of patent rights is the time it takes for the court to make a final decision.