Calcutta High Court (Appellete Side)
56 cases · page 1 of 2
Showing 1–29Dr. 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.
M/S Sunhok Wheels Pvt. Ltd. v.The State Of West Bengal
Petitioners, manufacturers of e-rickshaws, challenged the non-issuance of registration certificates due to concerns raised by a private respondent claiming patent rights over the technology. The court reviewed previous orders and directed the Registering Authority to proceed with registrations, provided the vehicles are distinct from those subject to pending title suits.
M/s Prominal Electric Vehicle Private Limited v.The State of West Bengal
Petitioners, e-rickshaw manufacturers, challenged the non-issuance of registration certificates due to concerns about patent holder's exclusive rights. The Court reviewed previous orders and directed the Registering Authority to proceed with registrations, provided the vehicles are distinct from those subject to a pending title suit.
Upl Limited v.Union Of India & Ors.
Upl Limited challenged an order rejecting its patent application, arguing that the rejection was based on lack of novelty/inventive step and violated principles of natural justice because expert evidence was ignored. The petitioner contended that the combination offered unexpected advantages in crop yield by controlling fungal diseases. The High Court found a serious infirmity in the impugned order due to procedural lapses and set it aside, remanding the matter for fresh consideration.
Kanishk Sinha v.State Of West Bengal & Ors.
Kanishk Sinha, the patent holder of e-rickshaws/e-vehicles, appealed a judgment that had previously directed registration authorities to register these vehicles. The court held that questions regarding exclusive rights, compulsory licensing, and compensation are matters for pending civil suits or statutory fora under the Patents Act, not writ jurisdiction.
Kanishk Sinha v.State Of West Bengal & Ors.
Kanishk Sinha appealed against an order that disposed of a writ petition filed by e-rickshaw manufacturers seeking registration authority direction. The original dispute involved the patent holder (appellant) seeking damages and injunctions against infringers for manufacturing without a license. The court held that questions regarding exclusive rights, compulsory licensing, and compensation are matters for pending civil suits or statutory fora under the Patents Act, not writ jurisdiction.
Kylin Sanitary Technology (XIAMEN) Company Limited v.Union of India & Ors.
The petitioner challenged an order rejecting its patent application (202034009705) as abandoned. The petitioner argued that the delay was due to COVID-19 and negligence of the Indian Patent Agent, not intentional inaction. The court dismissed the petition, holding that the mandatory timelines under the Patents Act must be complied with, and the petitioner demonstrated an indolent attitude.
The Regents of the University of California & Others v.Union of India & Others
The petitioner challenged the actions of the Opposition Board regarding an interlocutory application related to their granted patent. The dispute centered on procedural infirmities in the post-grant opposition proceedings, specifically concerning the admissibility of evidence filed by the respondent. The court held that since the matter was still pending before the Hearing Officer and no final decision had been reached, the writ petition was premature.
Gunjan Sinha @ Kanishk Sinha v.Union Of India Ors
The appellants challenged the validity of Section 53 of the Patent Act, 1970, arguing that the delay in granting their patent (from application date to grant date) and subsequent demand for renewal fees violated constitutional rights. The court dismissed the appeal, holding that Section 53 is intra vires the Constitution and that the USA model of Patent Term Adjustment is not conducive to India.
Upl Limited v.Union Of India & Ors.
Upl Limited challenged a communication from respondent authorities that cancelled a scheduled hearing for its patent application, citing redundancy in cited prior art. The petitioner argued this cancellation was unjustifiable without following procedural mandates. The court found serious infractions of procedure and directed the matter to be reassigned and heard afresh.
Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.
The petitioner filed an application before the Calcutta High Court complaining about the delay in the disposal of his pending application before the Controller of Patents and Designs, Kolkata. The said application sought the cancellation of a registered design belonging to another party. The court disposed of the petition without passing any order.
Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.
The petitioner filed an application before the Calcutta High Court complaining about the delay in the disposal of his pending application before the Controller of Patents and Designs, Kolkata. The said application sought the cancellation of a registered design belonging to another party. The court disposed of the petition without passing any order.
Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.
The petitioner filed an application before the Calcutta High Court complaining about the delay in the disposal of his pending application before the Controller of Patents and Designs, Kolkata. The said application sought the cancellation of a registered design belonging to another party. The court disposed of the petition without passing any order.
Kanishk Sinha v.The Union Of India and Others
The writ petition challenged an administrative order denying the petitioner access to EV registration linkage data. The petitioner claimed this data was necessary to track sales and claim royalties under his patent related to electric car mechanisms. The court disposed of the petition, stating it had not expressed an opinion on the merits of the petitioner's rights and directing parties to pursue remedies in the appropriate forum.
Gunjan Sinha @ Kanishk Sinha v.Union of India
The appellants filed an appeal challenging a single bench order that had dismissed their writ petition. The original petition questioned the validity (vires) of Section 53 of the Patents Act, 1970. The court admitted the appeal but dismissed the prayer for stay, stating that the statute remains valid until struck down.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India
The petitioner challenged the constitutional validity of Section 53 of the Patents Act, 1970, arguing that since full patent rights only commence upon grant, counting the twenty-year term from the date of application is contradictory. The respondents argued that both sections operate at different stages and are compliant with international obligations like TRIPS Agreement. The Court ultimately held that Section 53 is intra vires the Constitution.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India And Another
The petitioner filed a writ petition challenging the validity (vires) of Section 53 of the Patents Act, 1970. The petitioner argues that this section is contrary to Section 11A(7) because it restricts patent subsistence based on the date of application rather than the date of publication. The court addressed preliminary objections regarding jurisdiction and res judicata before adjourning the matter for arguments on merits.
Sri Amaresh Banerjee v.The State of West Bengal & Ors.
The petitioner, a manufacturer of coaltar under the trade name 'Anchor', challenged the rejection of his application for reinvestigation before the Calcutta High Court. The dispute involved alleged infringement of the petitioner's registered trademark and copyright by the opposite party no. 1. The court ultimately dismissed the revision petition, finding that the investigation was conducted fairly and that the criminal proceedings amounted to an abuse of process since a civil suit on the same matter was already pending.
Shah Mayankkumar Bharatkumar v.Controller Of Patents And Designs & Anr.
The petitioner filed a revisional application before the Calcutta High Court, aggrieved by the excessive delay in disposing of an opposition filed by opposite party no. 2 against their Registered Design (No. 304927). The court disposed of the application by directing the Controller of Patents and Designs to conclude the pending opposition proceedings within two months.
Pan Seeds Pvt. Ltd. v.Ramnagar Seeds Farm Pvt. Ltd. and Ors.
Pan Seeds Pvt. Ltd. appealed against a lower court's decision regarding an interim injunction concerning its registered plant variety PAN 804. The appeal focused on procedural fairness, arguing that the trial court violated principles of natural justice by relying solely on voluminous documents produced by the respondents without giving the appellant a chance to respond. The High Court allowed the appeal and granted an injunction.
Jayshree & Company v.The State Of West Bengal & Ors
Jayshree & Company challenged a notice issued by respondents restricting the registration of their echo friendly e-rickshaws. The restriction was based on an order in a Title Suit where a fuel cell battery manufacturer alleged patent infringement. The court ruled in favor of the petitioner, directing authorities to grant registration provided the vehicles are distinct from those in the ongoing suit.
Kanishk Sinha v.The Union of India & Ors.
Kanishk Sinha filed a review application challenging the order of a Single Judge regarding the constitutional validity of Section 53 of the Patents Act, 1970. The court dismissed the review application, holding that the petitioner had not adequately argued or pleaded the issue of constitutional validity in the original writ petition.
Kanishk Sinha v.Union Of India And Another
The petitioner filed a review application challenging an earlier order. The core issue was whether his implicit challenge to the constitutional validity (vires) of Section 53 of the Patents Act, 1970, had been overlooked during the original proceedings.
Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.
The petitioner filed an application seeking direction for the expeditious disposal of proceedings for cancellation of a registered design (No. 324986-017). The petitioner contended that despite filing the cancellation application in November 2021, the Controller had failed to proceed with the hearing, causing undue prejudice and loss.
Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.
The petitioner filed an application seeking a direction from the Calcutta High Court for the expeditious disposal of proceedings related to the cancellation of registered design no. 324986-016. The petitioner contended that despite filing the cancellation request in November 2021, the Controller had failed to proceed with the hearing, causing undue prejudice and loss.
Mr. Debabrata Saha Roy & Ors. v.State (Government of West Bengal)
The petitioners challenged a notice restricting the registration of their echo friendly e-rickshaws due to an earlier title suit concerning patent infringement related to fuel cell batteries. The court held that since the petitioner's battery is distinct (lead cell) from the subject matter of the Title Suit, the Transport Directorate must grant registration, provided all other formalities are met.
Dys Impex Private Limited v.State Of West Bengal
The petitioners, manufacturers of battery operated electric cycle rickshaws, challenged the refusal by authorities to register their vehicles based on a patent injunction. The court examined whether the subsequent modification and vacation of the original injunction made the private respondent's restraint valid. The court held that the initial injunction was modified and found the patent invalid, thus directing the authorities to proceed with registration.
Hooghly Motors Pvt. Ltd. v.The State Of West Bengal
The petitioners challenged a notice restricting the registration of their echo friendly e-rickshaws due to an earlier court order concerning a patent infringement suit. The core issue was whether the petitioner's lead cell battery technology was distinct from the patented fuel cell battery in the Title Suit. The Court disposed of the writ petition by directing the Transport Directorate to grant registration, provided the vehicles were distinct and complied with relevant rules.
Kanishk Sinha v.The Union Of India And Anr.
The appellant challenged the denial of his plea for extending the validity/tenure of his Patent due to seven-year delays by authorities. He also questioned the constitutional validity of Section 53 of the Patents Act, 1970. The Calcutta High Court upheld the Single Judge's decision, stating that no provision allows for automatic extension as a penalty and noting that the issue of constitutional validity was not properly argued.
Kanishka Sinha & Anr v.The Union Of India & Ors
The petitioners sought a direction to the Deputy Director General (VAHAN), National Informatics Centre, to grant linkage of their patented software with the Vehicle Registration and Homogation System. The matter was settled amicably between the parties, leading to the court disposing of the writ petition.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.