India IP Litigation
7,167 annotated decisions
Page 9 of 299 · 7,167 total
Dr. Dulal Kumar De v.Union Of India & Ors.
The petitioner challenged the rejection of his patent application for 'Herbal Anti-Venom against Catfish Sting' on grounds of abandonment. The core dispute revolved around whether the service of the First Examination Report (FER) via email, rather than registered post, invalidated the time limits under the Patents Act, 1970.
Karan Rathore v.Registrar Of Trade Marks & Anr.
Karan Rathore appealed a decision by the Registrar of Trade Marks that dismissed his opposition against the registration of the mark 'JBR'. The dispute centered on whether 'JBR' was likely to cause confusion with Karan Rathore's pre-existing device mark used for motor parts and automotive accessories. The court allowed the appeal, finding that both marks were identical and the goods were similar enough to warrant refusal.
Hirotsu Bio Science Inc v.Assistant Controller Of Patents And Designs
Hirotsu Bio Science Inc appealed the rejection of its patent application for a cancer detection method using nematode olfaction. The Appellant argued that the invention was merely a detection method (in vitro) and not a diagnosis, despite descriptive language in the specification. However, the High Court upheld the original order, finding that the claimed method functioned as a diagnostic method under Section 3(i) of the Act.
Viacyte Inc v.Deputy Controller Of Patents And Designs
Viacyte Inc appealed a rejection order from the Deputy Controller of Patents regarding an invention for a bioreactor used to culture primate pluripotent stem cell-derived cell aggregates. The Controller rejected the application, finding it lacked inventive steps and failed disclosure requirements. The High Court upheld the Controller's decision.
Vishal Choudhary v.SNPC Machines Private Limited
Vishal Choudhary appealed an order that restrained him from manufacturing and selling subject brick-making machines, which were patented by SNPC Machines Pvt. Ltd. The appeal primarily raised issues of territorial jurisdiction and the merits of patent infringement. The court dismissed the appeal, upholding the injunction in favor of the plaintiff (SNPC).
Ashish Padia v.Arjan Impex Pvt Ltd
The plaintiff filed a suit against the defendant alleging infringement across multiple IP rights, including patents, designs, and copyrights related to 'Bonded Fusion Bowl' and various bowl designs. The court framed several issues regarding infringement, patent revocation, and entitlement to damages.
Curewin Pharmaceuticals Pvt. Ltd. v.Registrar Of Trademarks Govt. Of India
The Madhya Pradesh High Court granted an interim measure in the trademark opposition case filed by Curewin Pharmaceuticals Pvt. Ltd. against the Registrar of Trademarks, Government of India. The court directed that no further proceedings related to the specific publication date (11.08.2025) shall be taken until the next hearing date. This temporary stay provides crucial breathing room for the petitioner while procedural requirements are met.
Koninklijke Kpn N V v.Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors.
The case involves Koninklijke Kpn N V alleging infringement of its Standard Essential Patent (SEP) portfolio by Guangdong Oppo Mobile's WebRTC compliant devices. The court issued several orders regarding procedural matters, including granting extensions, allowing the filing of confidential documents, and setting dates for interim injunction hearings.
Bayer Healthcare Llc v.Controller Of Patents And Designs & Ors.
Bayer Healthcare Llc filed an appeal seeking to set aside a previous order and obtain a patent for application number 1788/DELNP/2007. However, the appellant subsequently sought to withdraw the appeal on the ground that the patent term had expired.
Siyaram Silk Mills Limited v.Stanford Siyaram Fashion Private Limited
The Plaintiff, Siyaram Silk Mills Ltd., filed a suit seeking to restrain the Defendants from infringing its registered trade mark 'Siyaram' and passing off their products. The Defendants raised defenses including prior use since 1992 and acquiescence by the Plaintiff. The Court found that the Plaintiff had a strong prima facie case, concluding that the defendants' adoption was dishonest and granting interim relief.
Zydus Lifesciences Limited v.E. R. Squibb And Sons, Llc
Zydus Lifesciences appealed an injunction restraining it from selling its anti-cancer drug ZRC 3276, which was allegedly infringing E. R. Squibb's patent (5C4). The court considered the conflict between protecting IP rights and ensuring access to life-saving medication. Ultimately, the court modified the order by vacating the injunction but requiring Zydus to file audited accounts of sales until the patent expires.
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Kapil Goyal v.The Registrar Of Trade Marks
Kapil Goyal appealed the refusal by The Registrar of Trade Marks to register the mark 'DOUBLE-CHOICE' under Section 91 of the Trade Marks Act, 1999. The initial rejection was based on the mark being non-distinctive and descriptive. The High Court allowed the appeal, finding that the reasoning for deeming the mark descriptive was unfounded, especially since the application was filed on a proposed-to-be-used basis.
Trutech Machinery v.Controller of Patents & Anr.
Trutech Machinery challenged the Assistant Controller's order allowing a patent application for an improved round corner cutting machine. The Petitioner raised objections under Section 25, including anticipation and lack of inventive step. The Court found no legal error in the summary inquiry conducted by the Controller and directed the Petitioner to seek revocation under Section 64.
Steigerwald Arzneimittlewerk Gmbh v.Assistant Controller Of Patents And Designs
The Appellant challenged the Assistant Controller's refusal to grant a patent application (No. 1285/DEL/2009) on grounds of lack of novelty and inventive step. The invention relates to a method for producing a plant-based medicament, Iberogast, which requires a specific mixing sequence for stable quality. The High Court found infirmities in the Controller's order regarding the reasoning under Sections 3(d) and 3(e), setting aside the Impugned Order and remanding the matter.
Mankind Pharma Limited v.Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its subject trade mark, 'PETKIND', citing similarity to a prior application. The Appellant argued that their extensive use and established goodwill with marks containing 'KIND' should qualify them for higher protection. The High Court allowed the appeal, setting aside the rejection order.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors.
The suit was filed seeking permanent injunction against Defendants for infringing the registered Trade Mark 'POSTMAN', used for refined groundnut oil. The Plaintiffs contended that despite a temporary discontinuation, they had not abandoned the mark and it held substantial goodwill. While some issues were decided in favor of the Plaintiffs (including granting an injunction), the court recalled its previous pronouncement and directed the suit to remain pending for further determination on damages.
Saint Gobain Tm Kk v.Assistant Controller Opf Patents And Designs
Saint Gobain Tm Kk filed an appeal before the Delhi High Court challenging an order issued by the Assistant Comptroller of Patents and Designs regarding patent application no. 201717018424. The court accepted notice and granted time for the respondent to file written submissions, listing the case for further hearing.
Largan Precision Co. Ltd v.Motorola Mobility India Limited And Ors
Largan Precision Co. Ltd filed a suit seeking an interim injunction and disclosure of sales against Motorola Mobility India Limited for alleged infringement of Indian Patent No. TN 395095. The court allowed notice to the defendants and listed the matter for further consideration.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiffs filed an application seeking an ex parte ad interim injunction restraining the defendants from dealing in products that infringe their Indian Patent No. 426553, specifically mentioning the brand name NYKRON. The court accepted notice and directed the defendants to file a reply within two weeks.
OCV Intellectual Capital Llc v.The Controller General of Patents, Designs and Trademarks
The appeal challenged the rejection of a patent application for a high-performance glass fiber composition that achieves S-glass properties at a lower manufacturing cost. The Controller rejected it based on lack of novelty, inventive steps, and non-patentable subject matter. The High Court set aside the rejection order, finding that the Controller failed to consider key arguments regarding technical advancement and synergistic effect.
Bhupesh Sevantilal Shah v.Lyka Bdr International Limited
The applicant filed an Interim Application in aid of Execution Application seeking the execution of an award dated November 15, 2023. The court granted directions requiring the respondent to disclose all particulars of their assets, including intellectual property rights (patents, copyrights, trademarks), within four weeks.
People Interactive India Private Limited v.Ammanamanchi Lalitha Rani And 3 Ors.
The Plaintiff, owner of the well-known matrimonial platform 'Shaadi.com', filed a suit alleging infringement of its registered trademarks and passing off against the Defendants who used the similar mark and domain name 'getshaadi.com'. The court found in favor of the Plaintiff, decreeing the suit and awarding substantial costs due to the Defendants' non-participation.
Natco Pharma Limit v.Novo Nordisk A/S And Ors.
The petitioner, Natco Pharma Limit, filed a petition seeking the revocation of Indian Patent No. 262697 before the Delhi High Court. The court issued notice to the respondents and directed them to file replies within six weeks.