Calcutta High Court (Appellete Side)

66 decisions indexed · India ·
patent 26 trademark 3 other 1

66 cases · page 2 of 3

patent plaintiff favorable · May 19, 2023

Jayshree & Company v.The State Of West Bengal & Ors

Calcutta High Court (Appellete Side) · 136481666

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.

patent defendant favorable · Mar 14, 2023

Kanishk Sinha v.The Union of India & Ors.

Calcutta High Court (Appellete Side) · 159461589

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.

patent pending · Feb 20, 2023

Kanishk Sinha v.Union Of India And Another

Calcutta High Court (Appellete Side) · 9882532

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.

patent plaintiff favorable · Jan 25, 2023

Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.

Calcutta High Court (Appellete Side) · P154125639

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.

patent plaintiff favorable · Jan 25, 2023

Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.

Calcutta High Court (Appellete Side) · 158268477

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.

patent plaintiff favorable · Nov 9, 2022

Mr. Debabrata Saha Roy & Ors. v.State (Government of West Bengal)

Calcutta High Court (Appellete Side) · 108905765

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.

patent plaintiff favorable · Sep 29, 2022

Dys Impex Private Limited v.State Of West Bengal

Calcutta High Court (Appellete Side) · 24470446

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.

patent plaintiff favorable · Sep 28, 2022

Hooghly Motors Pvt. Ltd. v.The State Of West Bengal

Calcutta High Court (Appellete Side) · 64980122

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.

patent defendant favorable · Sep 15, 2022

Kanishk Sinha v.The Union Of India And Anr.

Calcutta High Court (Appellete Side) · 187217031

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.

patent plaintiff favorable · Jul 19, 2022

Kanishka Sinha & Anr v.The Union Of India & Ors

Calcutta High Court (Appellete Side) · 14625366

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.

patent remanded · May 4, 2022

Kanishk Sinha & Anr v.Union Of India & Anr

Calcutta High Court (Appellete Side) · 20273254

The appellants challenged the dismissal of their writ petition, which sought linkage between their software and the 'VAHAN' vehicle registration system. The core issue raised was entitlement to compensation under Section 102(3) of the Patents Act, 1970.

patent defendant favorable · Apr 27, 2022

Kanishk Sinha v.The Union Of India

Calcutta High Court (Appellete Side) · 198717576

The petitioner, the patentee/assignee of Patent No. 254875, challenged an order by the Secretary, Government of India, regarding their request for a patent linkage to the VAHAN e-Module. The core dispute was whether the patent holder could mandate that electric vehicle registration (specifically e-Rickshaws) be subject to NOC issuance based on the patent before official registration.

patent interim order · Apr 27, 2022

Mahindra And Mahindra Limited v.Kanishk Sinha & Ors.

Calcutta High Court (Appellete Side) · 95860603

The case involved a suit alleging violation of Patent Rights. The petitioner sought modification/variation of an existing ad interim injunction, citing financial losses and delay in the disposal of interlocutory applications. The court directed the lower court to ensure these pending applications are disposed of expeditiously within six weeks.

other defendant favorable · Feb 18, 2022

Mahindra Electric Mobility Limited v.The State Of West Bengal

Calcutta High Court (Appellete Side) · 165961089

The application sought to recall and clarify a prior order passed in WPA 2070 of 2022. The Court found that the writ petition failed to disclose crucial previous orders, including those related to injunctions and infringement suits.

patent interim order · Nov 17, 2021

Kanishk Sinha & Anr. v.The Union Of India & Anr.

Calcutta High Court (Appellete Side) · 124088802

The petitioners challenged an impugned order regarding their patent rights related to electronic eco-friendly battery-operated vehicles. The court addressed arguments concerning the necessity of adding other manufacturers and states as parties, ultimately finding that the limited scope of the petition did not require such additions.

trademark interim order · Jul 30, 2020

ABP Private Limited & Anr. v.Registrar of Trade Marks, Kolkata & Ors.

Calcutta High Court (Appellete Side) · 26850235

The petitioners challenged the Registrar of Trade Marks for allegedly treating several trade mark applications as 'abandoned' without following the prescribed statutory framework under the Trade Marks Act, 1999. The court found that the procedure laid down in Section 132 and Rule 38(4) and (5) was not followed, despite the petitioner sending a reply to the objection.

patent defendant favorable · Apr 8, 2020

Kanishk Sinha v.Union Of India

Calcutta High Court (Appellete Side) · 194558148

The Calcutta High Court disposed of the writ petitions filed by Kanishk Sinha against the Union of India. The court noted that the petitioner's patent application had been accepted online, substantially addressing his grievance.

patent dismissed · Mar 12, 2020

Kanishk Sinha v.Union Of India

Calcutta High Court (Appellete Side) · 87507919

The petitioner challenged the validity of a patent by questioning the vires of Section 64 of the Patents Act. The Union of India admitted the stand taken by the petitioner in its affidavit-in-opposition, leading the Calcutta High Court to dispose of the writ petition.

patent plaintiff favorable · Feb 11, 2020

Kanishk Sinha v.The State Of West Bengal & Ors.

Calcutta High Court (Appellete Side) · 121772863

Kanishk Sinha filed a title suit seeking accounts, delivery of products, and permanent/mandatory injunction against defendants for infringing his patent rights related to eco-friendly e-rikshaws. The trial court dismissed the application for temporary injunction on grounds including lack of territorial jurisdiction and failure to comply with Section 80(2) CPC. This appeal challenged the impugned order.

trademark plaintiff favorable · Sep 25, 2019

Prashant Properties Limited v.Sps Steels Rolling Mills Ltd

Calcutta High Court (Appellete Side) · 104803373

The petitioner, an operational creditor, entered into a Permissive User Agreement (PUA) with the respondent to use a family of marks in lieu of securing an outstanding debt. The trial court granted an ad interim injunction restraining the respondent from suspending this PUA. The appellate court stayed this injunction, arguing that civil courts lacked jurisdiction under the IBC and Companies Act. The High Court set aside the stay order, finding that the suit was maintainable as a collateral security agreement.

patent plaintiff favorable · Jun 18, 2019

Oramed Ltd. v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · 98186932

Oramed Ltd. challenged a decision dated February 25, 2019, made under Section 15 of the Patents Act, 1970. The petitioner argued that the adjudicating authority erred by proceeding on Section 3(d) instead of Section 3(e), and that the order was based on conjectures rather than conclusive findings. The court found infirmities in the impugned order.

patent remanded · Apr 5, 2019

Natco Pharma Ltd v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · 177457205

Natco Pharma Ltd challenged the actions of the Controller regarding a pending patent application (No. 3865/KOLNP/2007). The petitioner argued that since the Controller had reserved judgment without deciding on their request for cross-examination, they would be seriously prejudiced if the patent was granted without hearing their objections fully. The Court ruled that in adversarial proceedings before the Controller, the right to cross-examine is an indefeasible right under natural justice.

patent plaintiff favorable · Mar 13, 2019

Merck Sharp & Dohme Corp v.Union Of India

Calcutta High Court (Appellete Side) · 154274682

Merck Sharp & Dohme Corp challenged an order by the Assistant Controller of Patents & Designs. The petitioner argued that the appeal mechanism was practically unavailable due to the absence of a technical member, and further contended that the rejection of their patent application, which followed a voluntary divisional filing, was erroneous as it failed to consider curative measures.

patent interim order · Dec 20, 2018

Sri Bishnupada Biring v.Sri Ardhendu Sekhar Biring

Calcutta High Court (Appellete Side) · 130823406

The Calcutta High Court noted a prima facie case raised by the petitioner concerning procedural flaws and patent discrepancies in the commissioner's report. Consequently, the matter was directed to be heard as a contested application. An interim order granting a stay on the impugned order and related proceedings was issued.

patent defendant favorable · Aug 22, 2017

M/S. Reata Pharmaceuticals v.Union Of India

Calcutta High Court (Appellete Side) · 111156584

M/S. Reata Pharmaceuticals challenged an order passed by the Controller of Patents, arguing that the authority failed to consider superior data regarding their improved product version. The court dismissed the writ petition, holding that since the impugned order was statutorily appealable, the petitioner must utilize the available statutory remedy.

patent defendant favorable · Apr 21, 2017

Kanishk Sinha v.State of West Bengal

Calcutta High Court (Appellete Side) · 162964850

The petitioner, a patentee, challenged actions of the State regarding e-rickshaws, asserting that defendants were infringing his patent on echo friendly vehicles. The court affirmed the petitioner's status as a patent holder and held that any license granted by the State in violation of the existing injunction would be void ab initio.

patent dismissed · Jun 6, 2016

Akb Jagannath Nag v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · 3944188

Akb Jagannath Nag challenged an order from the Controllers of Patents and Designs. The appellant argued that subsequent approval under Section 6 of the Biological Diversity Act, 2002, should interfere with the impugned order. The court considered this new development but found it necessary for the appellant to approach the Single Judge for review or proceed via appeal.

patent dismissed · Jul 21, 2015

Nacto Pharma Limited v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · 163195288

Nacto Pharma Limited challenged the actions of a respondent authority regarding the grant of a patent to another party. The petitioner alleged that the authority proceeded with merit-based objections without first addressing preliminary objections concerning a breach of Patent Rule 55 (4).

trademark defendant favorable · Jul 16, 2015

Reckitt Benckiser Health Care (India) Pvt. v.Emami Ltd & Ors.

Calcutta High Court (Appellete Side) · 100424188

The appeal challenged a temporary injunction granted by the Trial Court, which restrained the defendant from displaying an advertisement for 'MOOV' that compared it to the plaintiff's product, ZANDU BALM. The High Court examined whether such comparative advertising amounted to disparagement of the plaintiff's trademark and copyright.

patent pending · May 12, 2015

Kanishk Sinha v.Union of India

Calcutta High Court (Appellete Side) · 71700125

Kanishk Sinha challenged the implementation of an amended notification under the Motor Vehicles Act, 1988, which brought 'E-rickshaws' within its ambit. The petitioner also claimed infringement of his patent related to technology for battery operated e-rickshaws.

Arctic Invent — IP Strategy

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.

Consult our team →