Calcutta High Court
384 cases · page 3 of 13
Showing 61–89Aroa Biosurgery Limited v.Controller General Of Patents, Designs And Trademarks and Anr
Aroa Biosurgery Limited challenged an order by the Controller General of Patents which dismissed its patent application for 'Tissue Scaffolds Derived From Forestomach Extracellular Matrix.' The core dispute centered on procedural fairness, as the rejection order introduced a ground of non-patentability (Section 3(i)) that was never raised during the examination process. The Calcutta High Court found that the impugned order lacked reasons and violated principles of natural justice. Consequently, the court allowed the appeal and remanded the matter back to the Controller for a fresh hearing on the merits.
Vmi Holland B.V. v.Deputy Controller Of Patents And Designs and Ors
Vmi Holland B.V. appealed a decision by the Deputy Controller of Patents and Designs which rejected their patent application, titled "Assembly for and method of making a tyre component," on the grounds that it lacked inventive steps. The High Court found the rejection order to be arbitrary, devoid of reasons, and lacking proper adjudication on the merits.
Shindengen Electric Manufacturing Co Ltd v.Assistant Controller Of Patents And Designs and Ors
The appeal challenged the Assistant Controller's decision to reject a patent application for a lamp lightning control circuit. The appellant argued that the rejection order failed to address their submissions and ignored evidence, thus violating natural justice. The Court found that the impugned order lacked reasons and set it aside.
Shindengen Electric Manufacturing Co Ltd v.Assistant Controller Of Patents And Designs and Ors
Shindengen Electric Manufacturing Co Ltd appealed a rejection order by the Assistant Controller of Patents, which dismissed their application for 'A LAMP LIGHTNING CONTROL CIRCUIT' on grounds of obviousness and lack of inventive steps. The High Court found that the impugned order was unsustainable because it lacked reasons and failed to address the appellant's submissions and evidence.
Fena Private Limited v.Bajranglal Rathi Trading As M/S. Maheshwari Soap Industries and Ors
The Calcutta High Court addressed a trademark dispute brought by Fena Private Limited against Bajranglal Rathi Trading. The court noted that prima facie, the impugned registration appears to infringe upon the appellant's rights. Furthermore, the court observed evidence suggesting a clear case of non-use regarding the respondent's mark, which was not disputed at the hearing. Consequently, the matter has been adjourned for further arguments and submissions.
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks
Sanofi - Aventis challenged an order passed by the Assistant Controller Patent and Designs, which rejected their subject invention under Sections 2(i)(j)(a) and 3(c) of the Patents Act, 1970. The Calcutta High Court took cognizance of this appeal (Oa/11/2019/Pt/Kol). While the Respondent Controller remained unrepresented, the court directed Sanofi - Aventis to ensure proper service on the Controller and file an Affidavit of Service before listing the matter for further hearing.
Nissan Motor Co. Ltd. v.The Controller Of Patents And Designs
Nissan Motor Co. Ltd appealed a decision by The Controller of Patents and Designs rejecting its patent application for a 'Vehicle Driving Support Device and Vehicle Driving Support Method'. The rejection was based on the lack of inventive step under Section 2(1)(j) of the Patents Act, 1970. The High Court found that the impugned order lacked proper reasoning and violated principles of natural justice.
Reata Pharmaceuticals Inc v.Deputy Controller Of Patents And Design
Reata Pharmaceuticals Inc appealed the Deputy Controller's order rejecting its patent application for 'NOVEL FORMS Of CDDO METHYL ESTER' on grounds of non-patentability under Sections 3(d) and 3(e). The appellant argued that the rejection failed to consider crucial clinical trial data demonstrating enhanced therapeutic efficacy. The High Court set aside the impugned order, holding that the authority must deal with all submitted evidence and provide reasoned orders.
AROA BIOSURGERY LIMITED v.Controller General of Patents, Designs and Trademarks and Anr
AROA BIOSURGERY LIMITED appealed a decision by the Assistant Controller of Patents and Design regarding its application for 'TISSUE SCAFFOLDS DERIVED FROM FORESTOMACH EXTRACELLULAR MATRIX'. The invention relates to an implantable tissue scaffold device using ruminant forestomach extracellular matrix, intended for applications like wound repair and breast augmentation. The initial rejection was based on grounds including Sections 3(b) and (i), and failure to comply with Section 8 of the Patents Act, 1970.
ARDENIA INVESTMENTS, LTD. v.CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR
This case involves an appeal filed by Ardenia Investments Ltd. against a previous order dismissing its patent application for a "Drug Delivery System for administration of poorly Water Soluble pharmaceutical Active Substances." The original dismissal held that the subject matter lacked technical advancement and inventive steps, specifically citing Section 3(d) of the Act. The Calcutta High Court has issued procedural directions to the appellant regarding the continuation of the appeal.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration. However, the court noted that the petitioner failed to disclose a material disclaimer in its registration certificate, which limited exclusive use of the device 'Swastik'. Consequently, the application was dismissed as an abuse of process.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration and obtaining copyright protection. However, the court found that the petitioner had suppressed a material fact—a disclaimer in its own registration certificate limiting exclusive use. Consequently, the application was dismissed as an abuse of process.
Fiacre Telematics Private Limited v.The Controller General Of Patents Designs And Trademark
The petitioner appealed an order from the Assistant Controller of Patents, Kolkata, arguing that the rejection of their patent application lacked reasoning and failed to address the arguments regarding inventive steps. The court found a serious infirmity in the impugned order due to its unreasoned nature and remanded the matter.
ITC Limited v.The Controller of Patents Designs and Trademark
ITC Limited appealed the rejection of its patent application for 'A Heater Assembly to Generate Aerosol,' which was denied under Section 3(b) of the Patents Act, 1970. The Controller had rejected the invention on grounds that its use could cause serious prejudice to human health or public order. ITC argued that the rejection was arbitrary, lacked reasoned basis, and violated principles of natural justice due to the introduction of unsupplied documents. The Calcutta High Court set aside the impugned order, remanding the matter back to the Controller for a fresh decision after ensuring all parties are heard.
Dhunseri Petrochem And Tea Ltd. v.Mr. Dhanraj Khatri And Anr.
Dhunseri Petrochem And Tea Ltd. filed an application seeking rectification of a copyright registration held by its opponents, alleging that the respondent's artistic work was a deceptive and substantial reproduction of the petitioner's established labels ('Lal Ghora' and 'Kala Ghora'). The petitioner demonstrated long-standing use and exclusive association with their distinctive packaging designs for tea. The court found that the respondent's design was deceptively similar, noting only cosmetic changes while retaining the core features and color scheme. Consequently, the registration of the impugned artistic work was directed to be expunged.
Tirupati Vancom Private Limited v.James Glendye And Co Limited and Ors
The Calcutta High Court, in its Intellectual Property Rights Division, admitted the plaint filed by Tirupati Vancom Private Limited against James Glendye and Co Limited. The court granted leave under relevant provisions due to the urgency pleaded by the plaintiff.
Andreas Gutzeit v.The Controller General Of Patents Designs and Trademark And Anr.
Andreas Gutzeit appealed a decision by the Controller General of Patents which rejected his patent application, "Blood Flow Control System and Method for In-vivo Imaging and Other Application," primarily on grounds of non-compliance with Section 59 of the Patents Act. The core dispute centered on whether the amendment—specifically changing the claim from a method to a system—was permissible under the law. The Calcutta High Court found serious infirmities in the Controller's order, noting that it failed to properly assess if the amendments broadened the scope beyond the original specification. Consequently, the court set aside the rejection and remanded the matter for fresh adjudication on the merits.
Nocil Ltd v.Finorchem Ltd And Anr
The defendants filed an application seeking revocation of the dispensation granted under Section 12A of the Commercial Courts Act, 2015. The dispute involves allegations of patent infringement and breach of confidentiality concerning the manufacturing process of 4-ADPA. The court ruled that the plaintiff had sufficiently pleaded urgency based on a holistic reading of the plaint.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors, Dolutegravir and Cabotegravir. The court found the rejection order unsustainable due to misinterpretation of previous orders and noted an exceptional delay in the process. Consequently, the appeal was allowed, directing fresh adjudication by another Controller.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors Dolutegravir and Cabotegravir. The appeal challenged the rejection order, citing exceptional delays in the patent process. The court allowed the appeal, setting aside the impugned order.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revoke a dispensation granted under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement against Anita Anu for using the deceptively similar mark 'Poly Punkaj'. However, the court found that the plaintiff failed to provide adequate justification for the nine-month delay between discovering the issue (January 2024) and filing the suit (September 2024). Consequently, the application seeking revocation was dismissed.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court concerned an application seeking revocation of a dispensation granted to the plaintiff (Pankaj Plastic Industries Private Limited) allowing them to bypass pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement by the defendant using 'Poly Punkaj'. However, the court found that the plaintiff failed to provide a satisfactory explanation for the nine-month delay between becoming aware of the infringement (January 2024) and filing the suit (September 2024). Consequently, the court allowed the application seeking revocation of dispensation.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revive its trademark infringement and passing off suit against Anita Anu. The core dispute centered on whether the plaintiff could override a previous court order that required adherence to pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The defendant argued that the nine-month delay between the alleged knowledge (January 2024) and filing the suit (September 2024) was unexplained, suggesting an artificial creation of urgency.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court concerned an application by Pankaj Plastic Industries Private Limited seeking to revoke a dispensation granted under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement by the defendant using the mark 'Poly Punkaj'. However, the court found that the plaintiff failed to provide adequate justification for the nine-month delay between becoming aware of the issue (January 2024) and filing the suit (September 2024). Citing precedents, the judge held that without a clear explanation for the delay, the urgency was artificially created, leading to the revocation of the dispensation.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case involved a dispute over trademarks and copyright infringement concerning plastic products marketed under 'Pankaj Flex' by the plaintiff. The core legal issue before the Calcutta High Court was whether the plaintiff could revoke an earlier dispensation granted to bypass mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The court scrutinized the nine-month delay between the alleged date of knowledge (January 2024) and the filing of the suit (September 2024).
Upl Ltd v.The Controller Of Patents Designs And Trademark
Upl Ltd challenged the rejection of its patent application concerning a novel agrochemical fungicide combination. The core dispute centered on whether adding a multi-site fungicide to existing SDHI combinations provided a synergistic and unexpected technical advantage, or if it was merely an obvious aggregation of known substances. The Calcutta High Court found that the original order lacked proper analysis of the experimental data supporting synergy and noted procedural lapses by the Controller in failing to issue a Second Examination Report (SER). Consequently, the court set aside the rejection order and remanded the matter for fresh consideration.
ITC Limited v.The Controller of Patents, Designs & Trademark
ITC Limited appealed the rejection of its patent application for a novel chemical-based nicotine aerosol delivery device. The Controller had rejected the application, citing public health concerns related to nicotine and referencing various statutes. ITC argued that since the device operates purely through a chemical reaction without electrical components, it should not be classified as an ENDS or e-cigarette. The Calcutta High Court ultimately ruled in favor of ITC Limited, emphasizing international IP principles (TRIPS and Paris Convention) which mandate that patentability cannot be denied merely because commercial exploitation is restricted by domestic law.
Huawei Techonologies Co. Ltd. v.The Controller General of Patents Designs and Trademark and Anr.
Huawei Technologies challenged the rejection of its patent application (No. 202237060506) by the Controller General of Patents. The initial rejection was based purely on procedural grounds, specifically alleging deficiencies in the General Power of Attorney (GPA). Huawei argued that this formalistic approach ignored the technical merits and violated principles of natural justice. The Calcutta High Court ultimately set aside the impugned order, finding the sole ground for rejection untenable, and remanded the matter to a new Hearing Officer.
R J Reynolds Tobacco Company (Sr 6/2020/PT/KOL) v.The Controller General Of Patents Designs and Trademarks And Anr
R J Reynolds Tobacco Company challenged the refusal of its patent application for a tobacco flavorant method, which was rejected solely on the grounds that all forms of tobacco are injurious to human health (Section 3(b) of the Patents Act). The petitioner argued that the rejection lacked any scientific basis or reasoning, being based merely on a preconceived notion. The Calcutta High Court agreed, finding the Assistant Controller's order unsubstantiated and arbitrary. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration.
Vifor (International) Ag v.Controller Of Patents
Vifor (International) Ag appealed an order by the Assistant Controller rejecting its patent application for a pharmaceutical composition used to treat iron deficiency. The appellant argued that the rejection based on lack of novelty and inventive step was flawed, as the prior art cited was irrelevant and the Controller ignored technical data provided.
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