Calcutta High Court
425 cases · page 3 of 15
Showing 61–89Otsuka Pharmaceuticals Co.Ltd. v.Controller General Of Patents, Designs And Trademarks and Anr.
Otsuka Pharmaceuticals appealed a decision by the Deputy Controller of Patents which rejected its application for a patent related to aripiprazole microspheres. The core contention raised by Otsuka was that the rejection order lacked any reasoned justification, failing to discuss the invention or adequately address prior art documents (D1, D2, D3). The Calcutta High Court agreed with this assessment, finding the impugned order unreasoned and unsustainable.
Oramed Ltd. v.The Controller General Of Patents And Designs & Anr.
Oramed Ltd. appealed against an order refusing patent grant for its oral insulin composition. The appeal contended that the Deputy Controller made arbitrary omissions of prior art documents and ignored crucial technical data and expert testimony when assessing inventive steps under Section 3(e) of the Patents Act, 1970.
Goodfaith Holding Private Limited v.M/S Supreme Wood Products Private Limited
The appeal challenges a previous judgment where the defendant's application for revocation of leave granted to the plaintiff under Clause 12 of the Letters Patent was allowed, leading to the dismissal of the suit. The respondent questioned the maintainability of this appeal.
Kamterter Products Llc v.The Assistant Controller Of Patents
Kamterter Products Llc appealed against an order rejecting its patent application (IN 1044/KOLNP/2010) for a 'SEED TESTING METHOD AND APPARATUS' under Section 15 of the Patent Act, 1970. The appellant contended that the rejection order was devoid of reasoning and violated principles of natural justice. The High Court allowed the appeal, setting aside the impugned order.
Shaperon Inc. v.The Controller General Of Patents And Designs, Mumbai and Anr.
Shaperon Inc. appealed an order passed by the Deputy Controller regarding its patent application for a biological surfactant used as an anti-inflammatory agent and tissue preservative solution. The appellant contended that the Deputy Controller failed to consider expert evidence provided by Dr. Seung-yong Seong, violating principles of natural justice. The High Court found the impugned order unsustainable due to this omission.
Shaperon Inc. v.The Controller General Of Patents And Designs, Mumbai and Anr.
Shaperon Inc. appealed an order passed by the Deputy Controller of Patents & Designs, Kolkata, challenging its validity. The appellant contended that the Deputy Controller failed to consider crucial expert evidence provided by Dr. Seung-yong Seong regarding the invention's technical advancement and advantages. The High Court found the impugned order unsustainable due to this procedural lapse.
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.
ITC Ltd v.The Controller Of Patents Designs And Trademark
ITC Ltd appealed a rejection order issued by The Controller of Patents Designs and Trademark regarding its patent application for an 'Electronic Aerosol Generating Device'. ITC contended that the rejection was based on technical materials not provided to them, violating principles of natural justice. Given this procedural lapse, the High Court allowed the appeal, setting aside the original rejection and remanding the matter back to the Controller for a fresh hearing.
Aroa 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.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
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.
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