Interim Order
52 interim order decisions from Calcutta High Court.
Interim Order Decisions
52 cases | Page 1 of 2
IFB Industries Limited v.Mehul Bharatbhai Vavdiya And Others
The Calcutta High Court admitted the plaint in the case of IFB Industries Limited vs Mehul Bharatbhai Vavdiya And Others. The court granted leave under relevant procedural rules, allowing the matter to proceed for scrutiny by the Department.
Vertex Pharmaceuticals Incorporated v.Deputy Controller Of Patents And Designs and Anr.
The petitioner, Vertex Pharmaceuticals Incorporated, filed an appeal against the Deputy Controller of Patents and Designs. The court addressed a preliminary issue regarding the maintainability of the matter raised by the respondent Controller.
Raaj Unocal Lubricants Limited v.Phillips 66 Company And Anr.
The Calcutta High Court addressed an application seeking the rectification and cancellation of a trademark dispute between Raaj Unocal Lubricants Limited and Phillips 66 Company. The court issued interim directions, requiring both parties to file their respective Affidavits-in-Opposition within three weeks from the judgment date. This procedural step moves the matter forward in the ongoing intellectual property litigation.
East India Pharmaceutical Works Limited v.Anil Keshrwani And Ors
The Calcutta High Court admitted the plaint filed by East India Pharmaceutical Works Limited against Anil Keshrwani and Ors. The court granted necessary procedural leaves, including exemption from pre-institution mediation.
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.
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.
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.
R J Reynolds Tobacco Company (Sr ...) v.The Controller General Of Patents Designs And Trademarks
R J Reynolds Tobacco Company challenged an order by The Controller General of Patents and Designs, which had refused its patent application. The refusal was based on Section 3(b) of the Patent Act, citing concerns over public order or morality due to the nature of tobacco products. The appellant argued that the process—a method for preparing a sugar-containing syrup from Nicotiana species stalk (tobacco flavourant)—should not be rejected simply because all forms of tobacco are injurious. The court directed the Controller to take necessary instructions before further proceedings.
Andreas Gutzeit v.The Controller General of Patents Designs and Trademark and Anr.
This matter before the Calcutta High Court's Intellectual Property Rights Division involves Andreas Gutzeit challenging a patent-related issue against The Controller General of Patents. The appellant raised a pure question of law concerning the interpretation of Section 59 of the Patents Act, 1970. Given the complexity and legal nature of the dispute, the court granted a final adjournment to allow both parties time to file their Written Notes of Submissions.
Smart Call Centre Solution Private Limited v.Harinder Singh And Anr.
The plaintiff filed a suit seeking damages against the defendant for alleged disclosure of confidential and proprietary information. The court granted leave under Clause 12 of Letters Patent and dispensed with the pre-mediation process due to grave urgency. Subsequently, an interim order was passed restraining the defendant from disclosing or utilizing confidential client data and trade secrets.
Raaj Unocal Lubricants Limited v.Phillips 66 Company And Anr.
The Calcutta High Court addressed an application seeking the rectification and cancellation of a trademark dispute between Raaj Unocal Lubricants Limited and Phillips 66 Company. The court issued interim directions, requiring both parties to file their respective Affidavits-in-Opposition within three weeks from the judgment date. This procedural step moves the matter forward in the ongoing intellectual property litigation.
Ori-Plast Limited v.Molecor Tecnologia S.L.
Ori-Plast Limited sought an injunction against Molecor Tecnologia S.L., which had terminated a license agreement related to the use of the Molecor PVC-O System. The petitioner feared that the withdrawal of remote assistance would cause irreparable loss, while the respondent argued for immediate termination based on alleged breaches of confidentiality and reverse engineering.
Unique Entrepreneurs And Finance Limited v.Really Agritech Pvt. Ltd.
The plaintiff filed a suit alleging that the defendant is using the deceptively similar trademark 'REALLY' against the plaintiff's registered mark 'RALLI', leading to infringement and passing off. The court granted various leaves sought by the plaintiff, including leave under Clause 12 of the Letters Patent and Section 12A of the Commercial Courts Act, allowing the suit to proceed.
Shankar Engineering Works And Ors v.Sankar Iron Engineering Works Pvt Ltd And Ors.
The plaintiffs filed a suit seeking perpetual injunction against the defendants concerning an alleged mark used by the defendants for identical products. The plaintiffs argued that there was urgency and sufficient cause to bypass the pre-mediation process.
Krishna Chandra Dutta (Spice) Pvt Ltd v.Ashok Kumar Anr.
Krishna Chandra Dutta (Spice) Pvt Ltd filed a suit seeking perpetual injunction against Ashok Kumar Anr. for infringing their registered trademark 'COOKME'. The plaintiffs alleged that they only discovered the infringement in July 2024, necessitating urgent legal action. The Calcutta High Court granted leave to proceed with the suit under various provisions, including Section 12A of the Commercial Courts Act, allowing the plaint to be admitted subject to departmental scrutiny.
Pharmacyclics Llc v.Deputy Controller Of Patents And Designs
Pharmacyclics Llc appealed the Deputy Controller of Patents and Designs' decision dated March 5, 2024, which refused to grant a Patent under Section 15 of the Act. The appellant also filed an application seeking condonation of eight days delay in filing the appeal.
Regency Plywood Industries Pvt. Ltd v.Chowdhury Enterprise And Ors
The plaintiff filed a suit seeking relief concerning its registered mark "METRO" against the respondents. The court addressed procedural matters, granting the plaintiff leave to add prayers and confirming jurisdiction under specific legal provisions.
Inreco Entertainment Private Limited v.M/S. Nav Records Private Limited (Nupur Audio)
The Calcutta High Court admitted the plaint filed by Inreco Entertainment Private Limited against M/S. Nav Records Private Limited. The court granted necessary procedural leaves and dispensed with certain requirements due to the urgency pleaded in the case.
Pentraxin Therapeutics Limited v.Controller General of Patents, Designs and Trademarks and Anr.
This case involves Pentraxin Therapeutics Limited challenging matters before the Controller General of Patents. The High Court at Calcutta received this matter via transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Commercial Appellate Division to issue notices and file a report, setting the stage for further litigation.
Battelle Memorial Institute v.Controller General of Patents, Designs and Trademarks and Anr.
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices to both parties and file a report before proceeding with the case. Liberty was also granted for either party to apply for an early hearing.
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks And Anr.
This case involves Sanofi - Aventis challenging decisions related to its patent application (OA/11/2019/Pt/Kol). The matter was transferred from the Intellectual Property Appellate Board (IPAB) following the implementation of the Tribunals Reform Act, 2021. The Calcutta High Court directed the Commercial Appellate Division to issue necessary notices and file a report before proceeding with the hearing.
Aroa Biosurgery Limited v.Controller General of Patents, Designs and Trademarks and Anr.
Aroa Biosurgery Limited approached the Calcutta High Court regarding a matter transferred from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court noted that no parties appeared on the date and directed its Commercial Appellate Division to issue necessary notices to both sides prior to the returnable date. This procedural order sets the stage for further hearing in the High Court.
Wyeth Holdings Corporation v.Controller General of Patents, Designs and Trademarks
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue necessary notices to both parties and file a report before proceeding further. This procedural step sets the stage for the continuation of the patent dispute.
Sasol Technology (Pty.) Limited v.Controller General Of Patents, Designs And Trademarks and Anr.
This judgment records the transfer of a patent appeal matter (OA/8/2018/PT/KOL) from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court, following the implementation of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue necessary notices to both parties and file a report before setting the next hearing date.
Chemocentryx, Inc v.Controller General of Patents, Designs and Trademarks and Anr.
This case involves Chemocentryx, Inc challenging proceedings before the Controller General of Patents. The matter was transferred to the Calcutta High Court's Commercial Appellate Division following the enactment of the Tribunals Reform Act, 2021. The court directed that notices be issued to both parties and a report filed prior to the returnable date, setting the next hearing for March 6, 2023.
Viacyte Inc. v.Controller General Of Patents, Designs and Trademarks And Anr
This case involves Viacyte Inc. challenging a decision or proceeding before the Controller General of Patents. The matter was transferred to the Calcutta High Court from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued directions for the Commercial Appellate Division to issue notices and file a report, setting the next hearing date.
Glaxosmithkline Biologicals Sa v.Controller General Of Patents Designs and Trademarks And Anr
This matter was transferred to the Calcutta High Court from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue necessary notices to both parties and file a report before proceeding further. This procedural order sets the stage for the continuation of the patent dispute.
Grunenthal Gmbh v.The Controller General Of Patents, Designs And Trademarks and Anr
This case involves Grunenthal Gmbh appealing before the Calcutta High Court following the transfer of its matter from the Intellectual Property Appellate Board (IPAB) due to the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue necessary notices to both parties and file a report. Consequently, the case was scheduled for further hearing on March 6, 2023.
Otsuka Pharmaceutical Co Ltd v.The Controller General Of Patent Design and Trademarks And Anr
This case involves Otsuka Pharmaceutical Co Ltd appealing against a decision that was previously handled by the Intellectual Property Appellate Board (IPAB). Following the enactment of the Tribunals Reform Act, 2021, the matter was transferred to the Calcutta High Court. The court directed its Commercial Appellate Division to issue necessary notices and file a report before setting the next hearing date.
Array Biopharma Inc v.Controller General Of Patents, Designs And Trademarks and Anr
This case involves Array Biopharma Inc challenging a patent matter before the Calcutta High Court. The proceedings were transferred from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before setting the next hearing date.
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