Defendant Favorable
at Calcutta High Court (Appellete Side)
14 defendant favorable decisions from Calcutta High Court (Appellete Side).
Defendant Favorable Decisions
14 cases | Page 1 of 1
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.
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.
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.
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.
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.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.
Kanishk Sinha v.The Union Of India
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.
Mahindra Electric Mobility Limited v.The State Of West Bengal
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.
Kanishk Sinha v.Union Of India
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.
M/S. Reata Pharmaceuticals v.Union Of India
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.
Kanishk Sinha v.State of West Bengal
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.
Reckitt Benckiser Health Care (India) Pvt. v.Emami Ltd & Ors.
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.
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