India IP Litigation

7,456 annotated decisions

7,456
Decisions
6
IP Types
10
Courts

Page 100 of 311 · 7,456 total

patent mixed · Mar 7, 2024

Frances Shenker v.M/S Allanasons Private Limited

Delhi High Court - Orders · 131248066

In a dispute over the 'STEAKHOUSE' mark, the Delhi High Court addressed an application filed by the defendant seeking to challenge the plaintiff's registered trademark. The court found prima facie merit in the defendant's contention that the descriptive word might be invalid under Section 9 of the Trademarks Act. Consequently, the court framed the issue regarding the validity and rectification of the mark and granted the defendant three months to file a formal rectification petition.

trademark defendant favorable · Mar 7, 2024

Mountain Valley Springs India Private Limited v.Baby Forest Ayurveda Private Limited & Ors.

Delhi High Court - Orders · 100649028

The Delhi High Court addressed an interim injunction application concerning trademark infringement between Mountain Valley Springs India Private Limited (Plaintiff) and Baby Forest Ayurveda Private Limited (Defendant). While the Plaintiff presented extensive evidence of market presence, sales, and potential consumer confusion regarding the marks 'FOREST ESSENTIALS' and 'BABY FOREST', the court ultimately dismissed the applications seeking an injunction against the use of the latter. The judgment emphasized the need for a composite assessment, referencing the established 'Pianotist test,' to determine likelihood of confusion.

patent plaintiff favorable · Mar 6, 2024

Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · P104633780

Immunas Pharma appealed the rejection of its patent application for an antibody capable of binding to A-beta oligomers. The rejection was based on the grounds that the antibody was a natural nonliving substance and thus not patentable under Section 3(c) of the Patents Act, 1970. The High Court set aside the rejection order.

patent plaintiff favorable · Mar 6, 2024

Imclone LLC v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 74279972

Imclone LLC appealed the rejection of its patent application for an anti-PDGFR alpha antibody, which was rejected under Section 3(c) as being a discovery of a naturally existing molecule. The appellant argued that the antibody was generated through complex hybridoma and recombinant technology involving transgenic mice, making it non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.

patent plaintiff favorable · Mar 6, 2024

Monsnto Technology Llc v.The Assistant Controller of Patents and Designs, Patent Office, Chennai

Madras High Court · 80988124

Monsnto Technology Llc appealed the Patent Controller's order rejecting its patent application for 'Chloroplast Transit Peptides'. The appellant argued that the rejection was based on incomplete consideration of claims and citation of subsequent prior art. The Madras High Court allowed the appeal, set aside the impugned order, and remanded the matter for fresh consideration.

patent plaintiff favorable · Mar 6, 2024

Global Life Sciences Solutions USA LLC v.Controller General of Patents, Designs & Trademarks

Madras High Court · 195219220

Global Life Sciences Solutions USA LLC appealed the rejection of its patent application concerning a Gamma Sterilizable RFID system. The invention utilizes a ferro-electric random access memory (FRAM) chip with redundant information storage to ensure data integrity when exposed to high-intensity gamma radiation used in sterilization processes. The Madras High Court examined whether this combination was obvious based on existing prior art, particularly regarding redundancy techniques. Ultimately, the court found that the nature and purpose of the claimed redundancy were fundamentally different from those disclosed in the cited prior art, thereby satisfying the inventive step requirement.

patent plaintiff favorable · Mar 6, 2024

Intelligent Energy Limited v.The Controller General of Patents, Designs & Trade Marks

Madras High Court · 134421770

Intelligent Energy Limited appealed the rejection of its patent application (No. 3716/CHENP/2007) by the Controller General, which held that the invention lacked inventive step due to close resemblance to prior art D1. The appellant argued that their technique for capturing byproduct hydrogen represented a significant improvement over existing technology. The High Court allowed the appeal and remanded the matter for fresh consideration.

patent plaintiff favorable · Mar 6, 2024

Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 65647371

Immunas Pharma appealed the rejection of its Indian Patent Application (No.5542/CHENP/2010), which was rejected primarily on grounds that the claimed 6E4 antibody was an inherent feature and not patent-eligible under Section 3(c) as it was discovered in nature. The High Court set aside the rejection, holding that the specific method of production made the antibody patentable.

patent plaintiff favorable · Mar 6, 2024

Imclone LLC v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 32089653

Imclone LLC appealed the rejection of its patent application for an antibody targeting PDGFR alpha, which was rejected under Section 3(c) as being a naturally existing substance. The appellant argued that the antibody was generated through complex hybridoma and transgenic mouse technology, making it recombinant and non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.

patent plaintiff favorable · Mar 6, 2024

Genmab A/S v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 68171662

Genmab A/S appealed the rejection of its patent application (No. 4718/CHENP/2007) for a monoclonal antibody targeting human CD38. The respondent argued that the antibody was merely a discovery of a naturally existing molecule, thus ineligible under Section 3(c). The High Court set aside the rejection, finding that the antibody was produced through substantial human intervention and possessed inventive step.

patent dismissed · Mar 6, 2024

Micro Labs Limited v.The Controller Of Patents

Karnataka High Court · 24156515

Micro Labs Limited filed this Commercial Suit seeking the revocation of Indian Patent No. 243301 and an injunction against Boehringer Ingelheim Pharma GMBH Co. KG. The court noted that the same parties were involved in related proceedings before the Delhi High Court. Consequently, the application to withdraw the suit was allowed.

patent plaintiff favorable · Mar 6, 2024

Industeel France v.The Assistant Controller of Patents, Design, Trade Mark And Geographical Indications Patent Office

Madras High Court · 182170124

Industeel France appealed against the rejection of its patent application (No. 119/CHENP/2007) by the Assistant Controller of Patents. The appellant argued that the Controller repeatedly changed objections and prior arts, causing procedural inconvenience. The High Court allowed the appeal, setting aside the rejection order and remanding the matter for fresh examination.

patent plaintiff favorable · Mar 6, 2024

Rexcin Pharmaceuticals Private Limited v.The Registrar of Trade Marks

Madras High Court · 5029709

The Madras High Court intervened in a protracted dispute involving the renewal of the trademark 'GENTALENE.' The petitioner sought relief against the Registrar, who had refused renewal citing statutory limitation. The court found that the Trade Marks Registry's own extreme delay—taking over 32 years to issue the registration certificate despite multiple assignments and opposition dismissals—rendered its insistence on strict adherence to limitation rules unjust. Consequently, the High Court directed the Registry to accept the renewal application, effectively overriding the procedural lapse caused by administrative inaction.

patent interim order · Mar 6, 2024

M/S. Serveshwar Food Products Pvt. Ltd. v.Mr. Sachin Gupta Trading As M/S Jai Balaji Grah Udyog & Anr.

Delhi High Court - Orders · 63103225

The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S. Serveshwar Food Products Pvt. Ltd. against the Defendants for alleged trademark infringement and passing off related to the 'LACY' brand. The court allowed the Plaintiff to conduct a search and seizure operation at the Defendants' premises using Local Commissioners, aiming to prevent further unauthorized use of deceptively similar marks like 'LECY'. This order establishes strong preliminary protection for the Plaintiff's established goodwill in the FMCG sector.

trademark mixed · Mar 6, 2024

Prakash Singh & Anr. v.Guruji Ka Ashram & Anr.

Delhi High Court - Orders · 107106795

The Delhi High Court addressed cancellation petitions filed by Prakash Singh & Anr. seeking the removal and rectification of trademarks registered by Guruji Ka Ashram & Anr. The petitioners alleged that the respondent, a charitable trust, sought to monopolize the spiritual heritage and goodwill associated with the late 'GURU JI' on a mala fide basis. The Court accepted notice from the respondent and scheduled the matter for further arguments.

patent pending · Mar 5, 2024

Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs

Delhi High Court - Orders · 72812028

The Delhi High Court heard several part-heard matters concerning a common legal question under Section 3(k) of the Patent Act, 1970. The order was passed in hybrid mode and scheduled for further hearing.

patent dismissed · Mar 5, 2024

Erytech Pharma v.The Assistant Controller of Patents and Designs

Madras High Court · 114795745

Erytech Pharma filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the Assistant Controller's decision regarding Indian Patent Application No. 661/CHENP/2010. The appellant subsequently sought and was granted leave to withdraw the appeal.

patent plaintiff favorable · Mar 5, 2024

Microsoft Technology Licensing, LLC. v.The Assistant Controller of Patents & Designs

Madras High Court · 178738075

Microsoft Technology Licensing appealed the dismissal of its patent application (No. 4866/CHENP/2015) by the Assistant Controller of Patents & Designs. The rejection was based on alleged non-filing of Form-3, coverage by the original application, and exceeding the specification. The High Court allowed the appeal, finding that the Controller had not applied its mind to the facts, and remanded the matter for fresh consideration.

patent plaintiff favorable · Mar 5, 2024

SNPC Machines Private Limited & Ors. v.Mr Vishal Choudhary

Delhi High Court · 23036174

The plaintiffs, SNPC Machines Private Limited & Ors., filed an application seeking a permanent injunction against Mr. Vishal Choudhary for allegedly manufacturing and selling similar brick making machines that infringe on their patents (Nos. 353483, 359114, etc.) and copyrights in technical literature. The court found that the plaintiffs had made out a prima facie case of infringement.

trademark mixed · Mar 5, 2024

Ab Skf & Anr v.M/S Osaka International Inc. & Ors.

Delhi High Court - Orders · 58351380

The Delhi High Court issued several orders in favor of Ab Skf & Anr, reinforcing existing injunctions while addressing new infringement concerns. The court directed a defendant involved in non-compliance with an earlier injunction to file a compliance affidavit regarding sales cancellations and refunds. Furthermore, based on evidence of counterfeit goods and domain squatting, the court ordered Defendant No. 12 (GoDaddy LLC) to immediately lock and suspend the infringing domain name 'www.skfsg.com', demonstrating proactive enforcement against trademark misuse.

trademark plaintiff favorable · Mar 5, 2024

M/s.Mesmer Pharmaceuticals v.The Registrar of Trade Marks

Madras High Court · 136782834

The Madras High Court set aside the Trade Marks Registry's decision to refuse registration of 'REJUSTAR' in Class 5. The Registrar had cited phonetic similarity to other marks, but the court held that it was premature to determine deceptive similarity based solely on scrutiny under Section 11. Given that the appellant's mark is an invented word and the cited marks were used for different goods or outside India, the matter was remanded back to the Registry for further processing.

patent mixed · Mar 5, 2024

Glaxo Group Limited v.Mohd. Nazim And Anr.

Delhi High Court - Orders · 74776176

The Delhi High Court registered the commercial suit filed by Glaxo Group Limited against Mohd. Nazim And Anr., concerning alleged trademark infringement of 'AUGMENTIN' by the use of 'ZENMENTIN' for similar pharmaceutical products. The court allowed several procedural applications, including exemption from pre-institution mediation and granting permission to submit sealed documents related to sales figures. Crucially, the court directed that notice be issued to the defendants regarding the injunction application (I.A. 5188/2024), setting the stage for a full trial on the infringement claim.

patent plaintiff favorable · Mar 5, 2024

Hmd Global Oy v.The Registrar of Trade Marks, Office of the Trademark Registry

Madras High Court · 155191177

Hmd Global Oy successfully challenged the Trademark Registry's refusal to register its word mark 'PureDisplay' in the Madras High Court. The core issue was the Registry's finding that the mark lacked distinctiveness, despite the appellant providing evidence of global use and registration. The court found that the Registrar violated principles of natural justice by passing an order under a different section (9(1)(b)) without giving the appellant a hearing on that specific ground. Consequently, the rejection was set aside, and the application was remanded for final consideration.

patent pending · Mar 4, 2024

Vertex Pharmaceuticals Incorporated v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.

Delhi High Court - Orders · 176882131

The petitioner challenged the acceptance of a pre-grant opposition by the Patent Office despite an internal decision to proceed with the patent grant. The court addressed procedural issues related to the timing of the decision versus the filing of the opposition, referencing Section 43 of the Patents Act.