India IP Litigation
7,068 annotated decisions
Page 19 of 295 · 7,068 total
Natera Inc And Anr v.The Assistant Controller Of Patents And Designs
Natera Inc appealed the refusal of its patent application for 'Methods for Lung Cancer Detection'. The refusal was based on the grounds that the methods were not patentable under Section 3(i) as they related to diagnosis/treatment, and certain claims violated Section 59. The High Court upheld the refusal.
Sequenom Inc v.The Controller Of Patents
Sequenom Inc appealed the Assistant Controller's refusal to grant two patent applications related to methylation-based enrichment of fetal nucleic acid for non-invasive prenatal diagnoses. The core issue was whether this diagnostic process, conducted in a laboratory setting, fell under the exclusion of methods for diagnosis under Section 3(i) of the Patents Act, 1970.
Chugai Seiyaku Kabushiki Kaisha v.Anthem Biosciences Limited
The dispute involved Chugai Seiyaku Kabushiki Kaisha alleging infringement of its patent (IN 294424) concerning Alectinib against Anthem Biosciences Limited. The parties subsequently agreed to amicably resolve the matter.
Caterpillar Inc v.Gold Filter And Co And Another
Caterpillar Inc filed a suit seeking permanent injunction against Gold Filter And Co for infringing several of its Patents related to fluid filter systems used in construction machinery. The court passed an order granting various procedural exemptions sought by the Plaintiff, including exemption from pre-institution Mediation and advance service, and appointed a Local Commissioner to inspect the alleged infringing parts.
Reckitt And Colman (Overseas) Hygiene Home Limited & Ors. v.Ashok Kumar(S)/John Does & Ors.
In a significant commercial dispute concerning the HARPIC brand, the Delhi High Court issued several procedural orders favoring the Plaintiffs (Reckitt And Colman). The court allowed the plaintiffs to file additional documents and granted exemptions regarding pre-litigation mediation and advance service. Crucially, the court also permitted an ex parte ad interim injunction by appointing Local Commissioners to conduct inspections of the alleged infringing products, reinforcing the strength of the brand's trademark and trade dress protection.
Lifestyle Equities C.V. v.Amazon Technologies Inc.
This Supreme Court judgment addresses a Special Leave Petition filed by Lifestyle Equities C.V. against Amazon Technologies Inc., concerning the stay of an execution decree related to trademark infringement. The core issue revolved around whether the Delhi High Court was justified in granting a stay on the money decree without insisting on the deposit of the decretal amount. The Supreme Court ultimately dismissed the petition, upholding the High Court's decision regarding the stay.
Crystal Crop Protection Ltd v.Deputy Controller Of Patents And Designs & Ors.
Crystal Crop Protection Ltd filed an application under Sections 57 and 59 of the Patents Act, 1970, seeking to amend the claims and remand Patent Application No. 1982/DEL/2013 back to the Deputy Controller of Patents and Designs. The Court issued notice and directed the filing of a reply within four weeks.
XX v.YY
The Plaintiffs filed a suit seeking permanent injunction against the Defendants for infringing Indian Patent No. 419280, which covers Benzamide Derivatives. The court registered the plaint as a suit and issued directions regarding the appointment and scope of the Local Commissioner to investigate the matter.
Tapas Chatterjee v.Assistant Controller Of Patents And Designs & Anr.
Tapas Chatterjee appealed a decision where the Assistant Controller rejected his patent application for 'Recovery of Potassium Sulphate...'. The rejection was based on pre-grant opposition filed by CSIR, citing lack of inventive step (Section 25(1)(e)). The High Court remanded the matter back to the CGPDTM for fresh consideration, restricting it only to the objection raised by CSIR regarding inventive step.
Wipro Enterprises Private Limited v.Shivam Udhyog & Anr.
The Delhi High Court ruled in favor of Wipro Enterprises Private Limited, declaring its trademark 'WIPRO' as a well-known mark. The judgment recognized the extensive goodwill and reputation associated with the brand, citing massive sales turnover (over INR 60,775 crores) and substantial promotional expenditure over several decades. This declaration is crucial for protecting the brand against unauthorized use by third parties.
M/S.Texmo Industries v.Mukesh Lamba
The Madras High Court addressed a complex intellectual property dispute involving M/S.Texmo Industries against Mukesh Lamba regarding the use of similar marks for pump goods. The suit claimed infringement under Trademark Act provisions, alongside copyright violations related to website design and content. Ultimately, the court decreed the case based on a compromise memorandum entered into by both parties, resolving the multi-faceted dispute.
Dilesh Raj Borana F.U.F. v.M/S Udhog Mandir
The Rajasthan High Court upheld a lower court's decision regarding the territorial jurisdiction for a trademark infringement suit. The petitioner challenged the rejection of their application to return/reject the plaint, arguing that the cause of action did not arise in Bikaner. However, the High Court ruled that Section 134(2) of the Trademarks Act, 1999 provides a special rule allowing an infringement suit to be filed where the plaintiff resides or carries on business, even if the cause of action is elsewhere. Consequently, the writ petition was dismissed.
M/s. Zonex Industries v.Kunal Choudhary
The Rajasthan High Court upheld a lower court's decision to stay an infringement lawsuit concerning the 'ZONEX' trademark. The petitioner, M/s. Zonex Industries, challenged the stay, arguing that their trademark was validly registered. However, the court found that since the respondent had initiated rectification proceedings challenging the validity of the registration before the competent forum, the suit for infringement must be stayed under Section 124 of the Trademarks Act, 1999. This ruling reinforces the legal mechanism allowing parties to pause litigation while trademark validity is being determined.
Signify Holding B V v.Kalpesh Bhomaram Prajapati & Anr.
In this trademark dispute, Signify Holding B V sought relief against Kalpesh Bhomaram Prajapati regarding the use of the mark 'dignify'. The court noted the defendant's submission that they do not intend to continue using the mark and expressed willingness to resolve the suit amicably. Consequently, the High Court granted a one-week standover period to facilitate settlement while temporarily restraining the defendant from making any further sales under the disputed trademark.
Sujatha Rajkumar v.The Registrar of Trade Marks
Sujatha Rajkumar filed a Writ Petition seeking judicial intervention against the Registrar of Trade Marks for the undue delay in processing an application related to the assignment of her trademark 'VELVETTE'. The petitioner sought recognition of the subsequent proprietor based on an Assignment Deed. While the court did not rule on the merits of the assignment, it issued a binding direction to the Respondent to dispose of the pending application within six weeks, treating the counsel's assurance as a formal undertaking.
Dpac Ventures Llp v.Exotic Mile Private Limited
The Karnataka High Court intervened in a trademark dispute between Dpac Ventures LLP and Exotic Mile Private Limited, modifying the Commercial Court's order that had granted an ex parte temporary injunction against 'GOBOULT'. Recognizing the defendant's significant business turnover (Rs. 188.94 Crores) and operational impact, the High Court allowed the plaintiff to dispense with pre-institution mediation while permitting the defendant to continue using its trademark subject to filing weekly accounts. This decision emphasizes balancing IP rights protection against commercial viability during litigation.
Biotech Visioncare Pvt Ltd. v.Registrar Of Trade Marks
The Gujarat High Court quashed an earlier rejection order issued by the Registrar of Trademarks against Biotech Visioncare's trademark application for 'BIOVISION'. The petitioner successfully argued that a subsequent successful registration of the same mark provided grounds to reconsider the initial denial. Consequently, the court directed the Trademark Registry to freshly hear the original 2016 application while taking into account the later certificate of registration.
Anita Rajesh Upadhyay v.Automark Industries (India) Pvt.Ltd.
The Bombay High Court partially allowed a writ petition challenging an order that appointed a Court Commissioner in a trademark infringement suit. The court found that the original application lacked proper foundation, was filed long after the injunction, and contained arbitrary directions regarding premises searches. While quashing the impugned order, the High Court directed the trial court to reconsider the application afresh, taking into account the defendant's objections regarding the commissioner's appointment.
Suresh Gulwani and Others v.M/S Dammani Brothers Through Partner Shri Rajendra Dammani
The Madhya Pradesh High Court granted a stay on an earlier Commercial Court order that had restricted the manufacturing, selling, and advertising activities under the 'SWAD GOLD' trademark. The petitioners argued that the restriction was causing immediate irreparable business loss, halting their entire operations and preventing them from selling existing stock. Given the prima facie case of injury, the High Court decided to stay the operation of the restrictive order until further hearing.
Helsinn Healthcare Sa v.Aet Laboratories Private Limited & Anr
The suit was filed by Helsinn Healthcare Sa seeking permanent injunction against Aet Laboratories Private Limited and others for infringing its patent IN 426553, which covers compositions for treating chemotherapy induced nausea and vomiting. The court ultimately vacated the existing ad interim injunction, finding that the plaintiff failed to establish territorial jurisdiction or a prima facie case.
XX v.YY
The Plaintiffs filed a suit seeking permanent injunction restraining the Defendant from infringing Indian Patent No. 269841, which relates to Janus Kinase Inhibitors. The court passed several orders, including granting an ex parte ad-interim injunction and appointing a Local Commissioner to inspect premises and take samples of the alleged infringing drugs.
Neeraj Gupta v.The Controller Of Patents And Designs
Neeraj Gupta appealed a decision by The Controller of Patents and Designs which rejected his patent application for an 'Intravenous Catheter Device.' The rejection was based on objections regarding lack of novelty and inventive step, citing specific prior art. The Appellant argued that the Controller failed to consider detailed submissions and oral arguments, thereby violating natural justice. The Delhi High Court found merit in the appeal, setting aside both the initial rejection order and the subsequent dismissal of the review petition.
Interdigital Patent Holdings Inc v.Shenzhen Transsion Holdings Co Ltd
The suit was filed by Interdigital Patent Holdings Inc against Shenzhen Transsion Holdings Co Ltd seeking a temporary injunction to restrain the defendants from infringing the plaintiffs' Standard Essential Patents (SEPs). The patents relate to technologies incorporated into 3G, 4G, and 5G cellular standards. The court addressed various interlocutory applications regarding amendments, discovery, and procedural exemptions.
Aethlon Medical, Inc v.Controller General Of Patents, Designs and Trademarks & Anr.
Aethlon Medical, Inc appealed an order refusing to grant its patent application for a medical device used in extracorporeal removal of microvesicular particles. The initial refusal was based on lack of novelty and non-patentability under Section 3(i) of the Patents Act, 1970. The Delhi High Court examined the matter, accepting the auxiliary claims as permissible amendments within the specification. Ultimately, the court found that the merits had not been fully examined and remanded the case back to the Controller General for fresh consideration, granting the appellant a hearing.