India IP Litigation
7,068 annotated decisions
Page 86 of 295 · 7,068 total
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
Kudos Pharmaceuticals, the registered proprietor of Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, which was supported by an interlocutory injunction application.
Sicpa Holding Sa v.The Controller of Patents
Sicpa Holding Sa appealed the rejection of its patent application for 'Inline Spectroscopic Reader and Methods' by the Controller of Patents, which cited a lack of inventive step. The High Court found that the Controller had not adequately considered the detailed explanations provided by the appellant in response to the objections raised on prior art. Consequently, the appeal was allowed, and the matter was remanded for fresh consideration.
M/S Lavos Performance v.M/S Yashram Lifestyle Brands Pvt Ltd.
The petitioner challenged an order by the Trial Court that dismissed its application to stay proceedings in an infringement suit, arguing that a revocation petition against the respondent's patent was pending before the competent authority. The Karnataka High Court ruled that while evidence relating to alleged infringement could be recorded, the final arguments on the merits of the suit must wait until the outcome of the patent revocation application.
Qualcomm Incorporated v.The Controller of Patents
Qualcomm appealed an order from the Patent Controller rejecting its invention titled 'ENHANCED BLOCK-REQUEST STREAMING SYSTEM FOR HANDLING LOW-LATENCY STREAMING'. The appeal argued that the Controller failed to adequately consider the appellant's written submissions and did not correctly assess the novelty and inventive step against prior art. The High Court allowed the appeal and remanded the matter for fresh consideration.
W.R.Grace & Co.-Conn. v.The Controller of Patents
W.R.Grace & Co.-Conn appealed an order from the Controller of Patents rejecting its application for a patent on a propylene impact copolymer and method. The appellant argued that the rejection was flawed because the Controller failed to consider their written submissions and amendments made in response to prior art objections. The Madras High Court allowed the appeal, finding procedural lapses, and remanded the matter for fresh consideration.
Audertec Solutions Llp v.Controller General Of Patents, Designs And Trade Marks & Anr.
Audertec Solutions LLP appealed the rejection of its patent application concerning 'a method and system for detecting road anomalies.' The Controller rejected the application, primarily citing a lack of inventive step compared to prior art D-2. The Delhi High Court was tasked with determining if the distinguishing features of the invention would be obvious to a person skilled in the art based on the disclosures in D-2. Ultimately, the court found no reason to differ from the Assistant Controller's decision.
Omega SA v.The Controller of Patents & Design, Government of India
Omega SA appealed the rejection of its patent application concerning a ceramic element inlaid with metallic decoration, which was rejected by the Controller on grounds of lacking inventive step. The High Court found that the Controller failed to apply his mind properly to the issue and equated the hyper-precision technology to ordinary laser etching. Consequently, the court set aside the rejection order and remanded the matter for fresh consideration.
Mukesh Kumar Vidyarthi v.Controller Of Patents New Delhi & Anr.
The appeal challenged the Deputy Controller's order rejecting the appellant's patent application for 'Charge Recirculation Air Intake Main Ford (CRAIM)' on grounds of lack of novelty and inventive step. The Court, after considering submissions from both parties and an Assistant Controller, allowed the appeal.
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
Kudos Pharmaceuticals Limited, the registered proprietor of Indian Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, and subsequently an interlocutory injunction.
Alpha Werke Alwin Lehner Gmbh And Co Kg v.Ssf Plastics India Private Limited & Anr
Alpha Werke Alwin Lehner Gmbh And Co Kg appealed the rejection of its patent application (No. 10851/DELNP/2014) by the Assistant Controller of Patents and Designs. The rejection was based on insufficient disclosure and lack of inventive step, as also in the context of a pre-grant opposition.
Su Kam Power Systems Limited v.Kunwer Sachdev & Anr. Kantaloop Communications & Anr.
The Delhi High Court addressed multiple rectification petitions concerning the 'Su-Kam' trademark, pitting Su Kam Power Systems Limited against Kunwer Sachdev. The court noted that while the petitioner company holds a key registration, the defendant claims original conceptualization of the mark. Given the complex history involving insolvency and prior civil judgments, the court has directed both parties to file detailed notes and encouraged them to explore amicable resolution through mediation before listing the matter again.
Wb Innovations Limited v.Assistant Controller Of Patents And Designs
The appeal challenged an order refusing patent application No. 2293/DELNP/2011, which cited issues regarding lack of single inventive concept and incomplete specification. The Delhi High Court found that the refusal reasoning did not meet legal requirements and allowed the appeal.
Maj. Pankaj Rai v.M/S Niit Ltd.
Maj. Pankaj Rai challenged an Arbitral Award dated 19.10.2023, which rejected his claims against M/S Niit Ltd. The dispute arose from a License Agreement (dated 30.12.2015) allowing the petitioner to set up an education center using NIIT's intellectual property. The High Court dismissed the petition, upholding the Arbitral Award.
Tirth Agro Technology Private Limited v.Navkar Agriculture Industries
The Delhi High Court granted an ex parte ad interim injunction in favor of Tirth Agro Technology Private Limited against Navkar Agriculture Industries. The court found a prima facie case regarding the alleged infringement of the 'SHAKTIMAN' trademark and associated artistic work/trade dress used on agricultural products like rotavators. Consequently, the defendant was restrained from using similar marks or trade dresses, and the plaintiff was permitted to seize and seal all infringing material.
Idamakanti Madhusudhana Reddy v.The Registrar of Trade Marks
The Madras High Court set aside the Trade Mark Registry's refusal to register 'Doctor Reddys Path Labs,' which was based on similarity to an existing mark. The court found merit in the appellant's argument that the word 'Reddy' is generic and that the marks operate in different classes of goods/services (Pathology vs. Pharmaceuticals). Crucially, the High Court mandated a fresh review by the Registry, requiring it to consider Section 12 of the Trade Marks Act, even if opposition from a well-known mark arises.
Shri Ram Autotech Private Limited v.Garima Singh Proprietor Of Ambika Industries
In this interim order concerning trademark infringement, the Delhi High Court accepted the Defendant's proposal to substantially modify their contested mark. Despite the Plaintiff's concerns regarding residual similarity in font style, the Court ruled that the overall changes sufficiently reduced the likelihood of consumer confusion. The Defendant was allowed a grace period of two months to exhaust existing inventory while transitioning to the new mark, provided they comply with all regulatory requirements.
Fintie Llc Through Mr.Nai Chu Cheng v.Vivekananda Chintapalli Of Flat 5 & The Registrar of Trade Marks
The Madras High Court allowed Fintie LLC's petition seeking the cancellation of a conflicting trademark registration. The court found that the respondent had registered the identical word mark 'FINTIE,' relying on the petitioner's established goodwill and prior use in other jurisdictions. Given the clear identity of the marks, the court ruled it inappropriate for the respondent's mark to remain on the register.
Campus Activewear Limited v.Jqr Sports(India) Private Limited & Ors
The Delhi High Court initiated proceedings in Campus Activewear Limited vs Jqr Sports(India) Private Limited regarding alleged infringement of trademarks and designs related to shoes. The court formally registered the commercial suit and set out procedural timelines for filing written statements, replications, and affidavits of admission/denial. Furthermore, the urgent application seeking a permanent injunction was listed for further hearing, indicating that the core dispute over copying Campus's brand and design is moving forward.
Hatsun Agro Product Ltd. v.V.Nataraja trading as M/s.Nataraja Traders
The Madras High Court ruled in favor of Hatsun Agro Product Ltd., directing the cancellation of a deceptively similar trademark registered by V.Nataraja Traders. The court found that the respondent's mark was strikingly and confusingly similar to the petitioner's established 'ArokyA' brand, despite minor differences or added devices. This decision reinforces the principle that similarity in appearance, color scheme, and overall impression can lead to trademark cancellation, even if the infringing party attempts slight modifications.
Sk Bioscience Co Ltd v.Assistant Controller Of Patents And Designs
Sk Bioscience Co Ltd appealed the order dated October 31, 2023, issued by the Assistant Controller of Patents and Designs. The Impugned Order rejected the Appellant's patent application (No. 77/DELNP/2015) under Section 2(1)(j) and Section 3(e) of the Patents Act, 1970. The court disposed of applications related to condonation of delay and exemption from filing documents while allowing the respondent to file a reply.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals appealed a rejection order issued by the Assistant Controller of Patents. The appeal challenged the refusal, which cited claims that were not part of the final application submission. The High Court found the impugned order to be unreasoned and procedurally flawed.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents and Designs, Government of India
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 1783/CHENP/2012) by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order did not properly assess non-obviousness, failing to apply established legal principles regarding inventive step analysis. The High Court allowed the appeal, setting aside the impugned order.
Galaxy Packtech Private Limited v.Ashok Chaturvedi & Anr.
The petition seeks revocation of patent No. 282428 under Section 64 of the Patents Act, 1970. The Petitioner contends that they are an aggrieved person and that the Patent Office overlooked relevant prior art disclosures regarding the patented invention.
Ynsect v.The Controller Of Patents
Ynsect appealed the Controller of Patents' rejection of its patent application concerning a method for treating insects. The High Court found that the Controller failed to adequately analyze the differences between the subject invention and the cited prior art, particularly regarding higher protein content and lower fat content. Consequently, the appeal was allowed and the matter was remanded back to the Controller for fresh consideration.