India IP Litigation
7,167 annotated decisions
Page 86 of 299 · 7,167 total
Inox India Private Limited v.Cryogas Equipment Private Limited
This appeal before the Gujarat High Court challenged the dismissal of a Commercial Trademark Suit, which had been rejected on the grounds that the suit was barred by Section 15(2) of the Copyright Act. The dispute centered on whether proprietary engineering drawings used for commercial vehicles qualified as an artistic work under copyright law and if their protection lapsed after exceeding a production threshold of 50 units. The High Court allowed the appeal, setting aside the dismissal order and directing the Commercial Court to reconsider both the rejection and injunction applications simultaneously.
GenSquare LLC v.The Assistant Controller of Patents & Design, Patent Office
GenSquare LLC appealed the Assistant Controller's order refusing its divisional patent application. The refusal was primarily based on the ground that the divisional claims did not flow from the original parent application. The Madras High Court allowed the appeal, finding that the Controller's reliance on an overruled judgment was flawed.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents
Ab Initio Technology Llc appealed against an order rejecting its patent application. The core dispute revolves around whether the claimed method for data processing qualifies as an invention despite being classified as a computer program per se under Section 3(k) of the Patents Act, 1970.
Niranjan Arvind Gosavi And Ors v.Innovatiview India Private Limited
The plaintiffs filed a commercial suit alleging that the defendant infringed their patent (No. 336205) related to secure document validation methods by bidding for an NTA e-tender requiring enhanced QR Code solutions. The court refused to grant an ad-interim injunction, considering the impact on the tendering process, but directed the defendant to maintain full accounts if they succeed in the tender.
Bayer Pharm Aktiengesellschaft v.The Controller General Of Patents And Designs
Bayer appealed the refusal of its patent application (No. 5818/DELNP/2006), which was rejected on grounds that the composition did not meet criteria under Sections 3(e) and 3(i) of the Patents Act, 1970. The High Court found that the Controller failed to adhere to principles of natural justice by not clearly communicating all objections in the hearing notice, and ruled that the claimed composition was patentable.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The Plaintiffs (F- Hoffmann -La Roche Ag) filed an application seeking the constitution of a Confidentiality Club. The Defendant (Zydus Lifesciences Limited) argued that access should be contingent upon preliminary findings regarding the identity of the biosimilar to the innovator drug. The Court directed both parties to submit their proposed members for the confidentiality club.
Novartis Ag & Anr. v.Medisave Formulations India Llp
The Delhi High Court granted interim relief in the trademark infringement suit filed by Novartis against Medisave Formulations. Recognizing the urgent nature of the case, the court exempted the plaintiffs from standard procedural requirements like advance service and pre-institution mediation. Crucially, the court appointed a Local Commissioner to conduct a search at the defendant's premises, seize infringing products bearing the mark 'ZYMADA', and inspect relevant financial documents, finding prima facie evidence of deceptive similarity between the marks and packaging.
PepsiCo, Inc. v.Majji Suresh
PepsiCo successfully petitioned the Madras High Court to strike off a confusingly similar trademark, 'PEPPS,' registered by Majji Suresh. The court found that the mark PEPPS bears striking phonetic and visual resemblance to PepsiCo's globally recognized mark, PEPSI. Given PepsiCo's established reputation and well-known status of its brand, the court allowed the petition, directing the cancellation of the infringing registration.
Joy Creators Llp v.Bath And Body Works Brands Management Inc.
The Delhi High Court directed both parties to engage in mandatory pre-litigation mediation regarding a trademark infringement dispute concerning the use of 'JOY'. The plaintiff sought an injunction against Bath & Body Works for alleged passing off and trademark infringement. However, the court noted that the defendants had previously proposed a resolution, suggesting they would only sell the product through their own branded stores to avoid confusion, and were willing to refrain from filing trademarks on 'JOY' as a descriptive term. Given these discussions, the Court mandated mediation to explore an amicable settlement before proceeding with litigation.
Alpha Foundation for Education and Research v.Akara Education Private Limited
The Madras High Court allowed multiple appeals filed by Alpha Foundation against the Assistant Registrar's decision to treat their opposition as abandoned. The court ruled that the failure of the Registrar to provide proof of service of the counter statement was fatal, overriding procedural delays in filing evidence. Consequently, the opposition has been restored, and the challenged trademark registrations have been held in abeyance pending a full hearing on the merits.
Crystal Crop Protection Limited v.Safex Chemicals India Limited & Ors
The Plaintiff alleges that the Defendants' product composition infringes on their patented weedicidal formulation, which includes a specific blend of chemicals. The case involves determining whether the Defendants' product violates the claims of the Plaintiff's patent.
Hygieia, Inc. v.Assistant Controller of Patents and Designs, Government of India
Hygieia appealed the rejection of its patent application (No. 10225/CHENP/2013) by the Assistant Controller of Patents and Designs. The rejection was based on various grounds, including Section 59, which alleged that the amended claims exceeded the original specification. The Madras High Court allowed the appeal, emphasizing that a patent specification must be read as a whole.
Levi Strauss & Company v.Inder Mohan Chadha
Levi Strauss & Company filed a suit against Inder Mohan Chadha for infringement of its well-known trademarks, including 'Levi's' and the Two Horse logo. The plaintiff alleged that the defendant was clandestinely stocking, distributing, and selling apparels bearing falsified marks identical or deceptively similar to those registered by Levi Strauss & Company.
Eli Lilly And Company Private Limited v.Eskayef Pharmaceuticals Limited
Plaintiffs, Eli Lilly And Company, filed a suit alleging infringement of their Indian Patent No. IN 297760 (covering Abemaciclib) by the Impugned Drug 'Abeclib', manufactured by Defendant No. 1. The court prima facie found that 'Abeclib' infringes the patent and granted an interim injunction.
Business Objects Software Limited v.The Controller of Patents
Business Objects Software Limited appealed an order by The Controller of Patents rejecting its invention, titled 'Transparent Distribution and Module Decoupling Through Asynchronous Communication and Scopes', under Section 2(1)(j) of the Patent Act. The High Court found that the Controller's order lacked quality and failed to consider the appellant's amended claims during the hearing.
Wyeth Llc v.The Controllers Of Patents
Wyeth LLC appealed an impugned order regarding its patent application. The core dispute revolves around amendments made by the appellant from a PCT application (claiming a 'regimen') to subsequent national phase applications (claiming a 'combination' and 'pharmaceutical pack'). Wyeth argues these amendments were within the scope of Section 59 of the Patents Act, 1970.
Novartis Ag & Ors. v.Noviets Pharma & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement dispute between Novartis Ag & Ors. and Noviets Pharma & Ors. The court allowed the plaintiffs to file additional documents and granted an exemption from mandatory pre-suit mediation. Crucially, the court formally registered the plaint as a suit, setting out detailed procedural timelines for filing written statements, replications, and affidavits of admission/denial, while also addressing the preliminary injunction application seeking restraint against trademark infringement.
Nababuddin Ahmed v.The Registrar Of Trademarks Kolkata And Anr
The Calcutta High Court ruled in favor of Nababuddin Ahmed, setting aside the unauthorized removal of his registered trademark. The court held that merely uploading a notice on an official website does not constitute valid service under Section 25 of the Trade Marks Act, 1999. Since the petitioner was not given individual notice and opportunity to rectify defects, the administrative action taken by the Registrar was deemed vitiated.
Pfizer Inc. v.Beacon Pharmaceuticals Limited
The case involves a patent infringement dispute where Pfizer Inc. claims that Beacon Pharmaceuticals has infringed on their patents. An ex-parte ad-interim injunction was granted in favor of the Plaintiffs regarding the subsisting patents.
Diageo North America, Inc v.Venkateshwara Winery & Distillary Pvt. Ltd.
Diageo North America filed a petition seeking rectification (cancellation) of the trademark 'BULLET MALTED WHISKY' registered by Venkateshwara Winery & Distillary Pvt. Ltd., alleging that it is deceptively similar to Diageo's well-known mark 'BULLEIT'. The court allowed the petition, finding that the petitioner had established a case for cancellation.
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed a rejection order issued by the Controller of Patents concerning its patent application No. 5945/DELNP/2009. The appellant argued that the Controller's observation contradicted previous hearing notices and written submissions, specifically regarding industrial applicability under Section 2(1)(ac) of the Patents Act, 1970.
Bdr Pharmaceuticals International Pvt Ltd v.Kudos Pharmaceuticals Limited & Anr
This order addresses an interim injunction application filed by Kudos Pharmaceuticals Limited (Plaintiff) against Bdr Pharmaceuticals International Pvt Ltd (Defendant). The court noted that the suit patent IN'720 was nearing its expiration date. The parties debated whether to proceed with the hearing given the imminent expiry and broader legal questions regarding patent coverage versus disclosure.
Martinswerk Gmbh v.The Assistant Controller of Patents and Designs, Government of India
Martinswerk Gmbh appealed the rejection of its product patent application for novel aluminum hydroxide flame retardants. The appeal argued that the Patent Controller repeatedly shifted and reverted between different limbs of Section 3(d) without providing a consistent or fair hearing process. The High Court found merit in these submissions.
Gm Modular Pvt Ltd. v.Mayur Electromeck Pvt Ltd.
The Delhi High Court allowed the rectification petition filed by Gm Modular Pvt Ltd., successfully challenging the registration of a similar mark held by Mayur Electromeck Pvt Ltd. The court found that the Impugned Mark was not genuinely used in commerce, despite the respondent's claims. Based on the lack of substantial evidence of use and potential confusion with the established 'GM' brand, the High Court ordered the cancellation of the infringing trademark registration.