India IP Litigation
7,167 annotated decisions
Page 45 of 299 · 7,167 total
Adiuvo Diagnostics Private Limited v.Union of India
Adiuvo Diagnostics Private Limited challenged the granting of Indian Patent No. 439474, which was issued despite a rejected pre-grant opposition filed by the petitioner. The core dispute centered on whether the Controller had adequately reasoned and considered the material evidence presented by both parties regarding novelty and inventive step. Although the court initially questioned the maintainability of the writ petition as an appeal in disguise, it ultimately allowed the petitioner to file a post-grant opposition.
Robert Bosch Limited v.The Deputy Controller of Patents and Designs, Government of India
Robert Bosch Limited appealed the rejection of its patent application (No. 201944047460), which was initially rejected by the Deputy Controller of Patents on grounds including lack of novelty, lack of inventive step, and exclusion under Section 3(m) because it was a method claim. The High Court set aside the rejection based on the finding that the claimed process is an inventive process, not merely a theoretical or mental act, and remanded the matter for re-examination on non-Section 3(m) grounds.
Tekelec, Inc. v.The Controller of Patents
Tekelec appealed an order rejecting its patent application (No. 7133/CHENP/2009) on the grounds that the invention was a non-patentable 'business method' under Section 3(k). The High Court examined the claim and held that since the invention involves using software to improve system functionality for verification, it is not merely a business method. Consequently, the rejection order was set aside and the matter remanded for re-consideration.
Iconic Ip Interests Llc and The Hershey Company v.Dukes Consumer Care Limited and The Registrar of Trademarks
Iconic IP Interests LLC and The Hershey Company successfully petitioned the Madras High Court for the rectification of a trademark registration, specifically targeting the mark 'TWO MUCH'. The petitioners argued that the respondent's mark had not been used continuously for five years from its date of registration. Given the lack of evidence of use by Dukes Consumer Care Limited, the court allowed the petition and directed the Registrar to remove the impugned entry from the register.
M/S.Goldmedal Electricals Pvt. Ltd. v.Mr.Sh.S.Lal Singh
In this appeal before the Madras High Court, M/S.Goldmedal Electricals Pvt. Ltd. challenged the Trade Marks Registry's decision to dismiss an opposition based on the finding that 'GOLDMEDAL' and 'SILVERMEDAL' were different marks. The court noted evidence of prior use by Goldmedal's predecessor since 1987, and crucially, referenced a separate Civil Court decree confirming the deceptive similarity between the two trademarks. Consequently, the High Court ruled that the Registry's finding of difference would not be binding on the appellant in future proceedings related to these marks.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
F. Hoffmann-La Roche Ag v.Natco Pharma Limited
F. Hoffmann-La Roche filed a suit alleging infringement of its species patent (IN 334397) for the drug Risdiplam, marketed as EVRYSDI®, by Natco Pharma Limited. The plaintiffs sought an interim injunction to restrain the defendant from manufacturing and selling the API. However, the court found that the defendant had raised a credible challenge regarding the validity of the patent. Considering the public interest in affordable medicine for rare diseases like SMA, the court dismissed the application for interim injunction, though it clarified that damages would be payable if the plaintiffs ultimately succeed in the trial.
Neoculi Pty Ltd v.The Controller Of Patents And Designs and Anr.
Neoculi Pty Ltd appealed a rejection order by the Assistant Controller of Patent and Designs, Kolkata, which rejected its application for an antibacterial pharmaceutical composition. The rejection was based on lack of inventive steps, unpatentability under Section 3(e), and insufficient disclosure. The High Court found the impugned order unsustainable due to non-application of mind and remanded the matter.
M/s. SANGEETHA CATERERS AND CONSULTANTS LLP v.M/s. NELLAI SANGEETHAS Pure Veg Restaurant
The Madras High Court ruled in favor of the plaintiff, M/s. SANGEETHA CATERERS AND CONSULTANTS LLP, finding that the defendant's use of 'NELLAI SANGEETHAS Pure Veg Restaurant' constituted deceptive similarity and trademark infringement. The court held that the impugned mark was deceptively similar to the plaintiff's registered trademarks, especially since both parties operate in the identical restaurant business. Consequently, the suit was decreed with permanent injunctions against further misuse and an order for the destruction of all infringing materials.
Levi Strauss And Co. v.Sharanjeet Singh
Levi Strauss And Co. filed a suit against Sharanjeet Singh and M/s Chilly alleging infringement, passing off, and dilution of its iconic trade marks (including 'Levis' and 'Two Horse Logo') used on apparel goods. The court found that the defendants had deceptively adopted these trademarks in relation to similar goods.
M/S Crompton Greaves Limited v.Registrar Of Trade Marks & Anr.
In this rectification case, M/S Crompton Greaves Limited sought to rectify Trademark No. 1131780 used by a respondent. However, given that the respondent had simultaneously filed an application seeking cancellation of the same trademark before the Registrar of Trade Marks, the High Court directed the Registrar to address the cancellation request directly. Consequently, the rectification application was disposed of without further proceedings.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the rejection of his earlier appeal, which had been rejected on both maintainability grounds (Section 117A) and merits. The petitioner argued that patent errors existed in the interpretation of Sections 10(4) and 3(k), specifically concerning technical effect and best mode. The Madras High Court dismissed the review application, finding no error apparent.
AMST – SYSTEMTECHNIK GMBH v.Government of India
The petitioner challenged an order treating its Patent Application No.3022/CHENP/2011 as withdrawn due to failure to request examination within the stipulated period. The court considered the sequence of events, noting that the petitioner intended to prosecute the application and citing previous judgments where similar facts led to non-withdrawal.
Bristol Myers Squibb Company v.Deputy Controller of Patents & Designs
Bristol Myers Squibb challenged communications from the Deputy Controller of Patents & Designs regarding Patent Application No. 5948/CHENP/2014, arguing that additional documents submitted by the opponent (Indian Pharmaceutical Alliance) should not be considered due to procedural non-compliance. The court ultimately declined to interfere with the decision to receive these documents but directed that the proceedings must conclude expeditiously within three months.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the judgment that rejected his appeal regarding Patent Application No.5606/CHENP/2012. The petitioner argued there were patent errors concerning Sections 10(4) and 3(k), specifically related to technical effect on hardware. However, the High Court dismissed the review application, finding no error apparent.
Akebia Therapeutics, INC. v.The Controller of Patents and Designs, Government of India
Akebia Therapeutics appealed the Assistant Controller's order rejecting its patent application (No. 201647000423). The rejection was primarily based on the argument that amending the original method-of-treatment claim to a pharmaceutical composition claim violated Section 59(1) of the Patents Act, 1970. The High Court set aside this order and remanded the matter for re-consideration.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The review petition was filed by Respondent No. 2 challenging the original judgment dated January 15, 2025. The core dispute revolved around whether raising a defense of invalidity in an infringement suit (Section 107) prevents the patentee from filing a separate revocation petition (Section 64).
Anand Sarup Sachdeva M/S Diachi International v.Rex Sewing Machine Co. Pvt Ltd.
The Delhi High Court addressed an application seeking correction of clerical errors in a previous order related to a trademark dispute. The Court found that certain discrepancies, including the petitioner's name and the scope of cancellation, were inadvertent mistakes. Consequently, the court corrected the relevant paragraphs, ensuring the restoration of M/s Daichi International's trademark registration (No. 696905) while confirming the cancellation of the respondent's mark (No. 1573729). This order clarifies the legal standing of both parties in the ongoing dispute.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
R J Reynolds Tobacco Company (Sr ...) v.The Controller General Of Patents Designs And Trademarks
R J Reynolds Tobacco Company challenged an order by The Controller General of Patents and Designs, which had refused its patent application. The refusal was based on Section 3(b) of the Patent Act, citing concerns over public order or morality due to the nature of tobacco products. The appellant argued that the process—a method for preparing a sugar-containing syrup from Nicotiana species stalk (tobacco flavourant)—should not be rejected simply because all forms of tobacco are injurious. The court directed the Controller to take necessary instructions before further proceedings.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges received for using the "TTK" logo. The Department argued that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The appeal concerned the non-payment of service tax on royalty charges received by M/s. T.T. Krishnamachari & Co. from group companies for using the 'TTK' logo. The Department alleged that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant argued that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
M/s. T.T. Krishnamachari & Co appealed against demands for service tax on royalty charges collected by group companies for using their logo "TTK". The Department argued that the logo was used as a Trademark, attracting IPR Service tax. The Appellant contended that the logo was registered as an artistic work under Copyright Act and thus exempt from service tax.