Remanded Decisions
33 cases | Page 1 of 2
Nec Corporation v.The Controller Of Patents And Designs
The appeal challenged the rejection of designs related to GUIs on display screens. The appellants argued that strict interpretations by the Controller rejected GUI as not being an article or having permanence. The court held that the respondent authorities failed to apply correct legal tests, setting aside the impugned orders and remanding the cases for fresh consideration.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to Graphical User Interfaces (GUIs), arguing that the Controller adopted an unduly strict interpretation of 'design' and 'article'. The court held that the respondent authorities failed to apply the correct legal tests regarding GUI registration. Consequently, all matters were set aside and remanded for fresh hearing.
Nec Corporation v.The Controller Of Patents And Designs
The appeals challenged the rejection of designs related to GUIs on display screens. The appellants argued that strict interpretations by the Controller regarding whether GUIs constitute an 'article' or possess permanence were flawed. The Court held that the respondent authorities failed to apply the correct legal tests, setting aside the impugned orders and remanding all matters for fresh consideration.
UPL Limited v.Haryana Pesticides Manufactures Association & Anr.
The petitioner challenged an order rejecting its patent application for 'HERBICIDAL COMBINATIONS' based on pre-grant opposition grounds (lack of novelty/inventive steps). The core grievance was that the respondent authorities failed to provide the appellant with separate opportunities of hearing under Sections 14 and 25(1) of the Patents Act, leading to a violation of natural justice.
OCV Intellectual Capital Llc v.The Controller General of Patents, Designs and Trademarks
The appeal challenged the rejection of a patent application for a high-performance glass fiber composition that achieves S-glass properties at a lower manufacturing cost. The Controller rejected it based on lack of novelty, inventive steps, and non-patentable subject matter. The High Court set aside the rejection order, finding that the Controller failed to consider key arguments regarding technical advancement and synergistic effect.
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.
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.
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.
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.
UCB Pharma GMBH v.The Controller of Patents and Designs
UCB Pharma appealed an order refusing to proceed with its patent application for a solid dispersion formulation of Rotigotine. The court found that the Controller had caused inordinate delays and violated statutory timelines, compounded by citing new prior art documents at the hearing without proper notification. Consequently, the impugned order was set aside and the matter was remanded for fresh consideration.
Bts Research International Pty Ltd v.The Controller General of Patents & Designs, Mumbai
The petitioner appealed against the rejection of its patent application, which claimed a method for generating tri-hybrid cells. The Controller rejected the application under Section 3(j) of the Patents Act, arguing that the hybrid cell fell within the definition of naturally occurring organisms or biological processes. The High Court found this conclusion unsubstantiated, noting the artificial and human intervention required to create the synthetic tri-hybrid cells.
Indian Institute Of Science (Oa ...) v.The Asst. Controller Of Patents And Designs
The appellant challenged an order by the Assistant Controller of Patents that rejected a patent application related to microfluidic apparatuses for quantifying component concentration. The appeal argued that the rejection was arbitrary, lacked independent application of mind, and violated principles of natural justice due to the absence of reasoned justification.
Nissan Motor Co. Ltd. v.The Controller Of Patents And Designs and Anr.
Nissan Motor Co. Ltd appealed an order by the Controller rejecting its patent application (3623/KOLNP/2013) due to lack of inventive steps. The court set aside the rejection, finding that certain cited prior art documents (D5 and D8) were inadmissible because they were published after the priority date.
Daikin Industries Ltd v.Union If India And Ors
Daikin Industries Ltd appealed against an order rejecting its patent application for "AIR CONDITIONING APPARATUS" due to a lack of inventive step. The court found that the rejection order was unreasoned, cryptic, and failed to apply independent mind to the prior art documents cited. Consequently, the matter was remanded back to the Controller for fresh hearing.
Oyster Point Pharma Inc. v.The Controller Of Patents And Designs Anr.
Oyster Point Pharma Inc. appealed the rejection of its patent application by the Assistant Controller, which cited prior art under Sections 2(1)(ja) and 3(d) of the Patents Act, 1970. The appellant argued that the mono-citrate salt demonstrated enhanced efficacy and stability, supported by experimental data filed during prosecution. The High Court found that the Controller failed to consider this crucial evidence regarding efficacy and stability.
Decco Worldwide Post Harvest Holdings B.V v.The Controller of Patents and Designs
The appellants appealed against the Assistant Controller's rejection of their patent application for a fungicidal treatment using Ortho-phenyphenol (OPP) to treat black sigatoka in banana plants. The Controller rejected the application citing lack of novelty, inventive steps, and non-patentability under Section 3(h).
The General Hospital Corporation And Anr. v.The Controller of Patents And Designs And Anr.
The General Hospital Corporation appealed against an order passed by the Controller of Patents and Designs under Section 15 of The Patents Act, 1970, which dismissed their patent application. By consent of both parties, the Calcutta High Court set aside the impugned order.
Multimodal Technologies, LLC v.Deputy Controller of Patents and Designs
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the relevant department to correct its records and subsequently listed the matter for January 2023.
Dahon Technologies Ltd. v.The Controller Of Patents And Designs and Anr.
Dahon Technologies Ltd. appealed a rejection order issued by the Controller of Patents and Designs regarding its invention titled 'PUMP', a portable pump for bicycle tyres. The appellant contended that the rejection was non-speaking, violated principles of natural justice, and failed to comply with mandatory provisions of the Patents Act.
I. M. A. Industria Macchine Automatiche S. P. A. v.The Controller of Patents and Designs
The appellant, a manufacturer of packaging materials, appealed against the Controller's rejection of its patent application for a transporting apparatus. The rejection was based on lack of inventive step over cited prior art documents. The High Court found that the impugned order lacked sufficient reasons and failed to deal with the merits or arguments raised by the appellant.
Telefonaktiebolaget Lm Ericsson (Pub) v.The Controller of Patents and Designs and Ors.
The appeal was filed by Telefonaktiebolaget Lm Ericsson against the Assistant Controller's refusal to grant a patent. The court found that there had been a violation of the principle of natural justice, specifically regarding the lack of opportunity for the appellant to deal with fresh objections.
Dystar Colours Distribution Gmbh v.Jay Chemical Industries Ltd
The plaintiff filed a suit seeking interim protection for infringement of a patent. The court noted that the defendant had already filed its written statement and decided to expedite the hearing process.
Jasper Motors Private Limited And Another v.The Proprietor, Basantee Battery Operated Rickshaw and Others
The applicant (Defendant No.2) filed an application seeking recall of a prior injunction order, arguing that the plaintiff's patent was invalid based on grounds like prior art and lack of inventive step under Section 64 of the Patents Act. The court found prima facie satisfaction regarding the patent's invalidity and noted the defendant's manufacturing activity, leading to the recall of the interim order.
Krishna Plastic Industries v.Controller Of Patents And Designs & Ors.
Krishna Plastic Industries appealed against an order allowing the cancellation of its registered design for a 'plastic seal'. The High Court found that the Deputy Controller failed to properly examine and reason regarding the distinctive surface pattern, which was claimed as the source of novelty. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration.
Siemens Aktiengesellschaft v.The Controller General Of Patents, Designs and Trademarks & Anr.
Siemens Aktiengesellschaft appealed against an order passed by the Assistant Controller of Patents and Designs. The court found that the authority rendered the decision without granting the petitioner's representative a proper opportunity to clarify objections, despite the petitioner having requested accommodation for his absence. Consequently, the impugned decision was set aside and the matter was remanded for a de novo hearing.
Mr. Gigaram M.Patel v.The Assistant Controller Of Patents & Designs & Anr.
Mr. Gigaram M.Patel appealed a decision by the Assistant Controller of Patents & Designs regarding the cancellation of a registered design (No. 225589). The High Court set aside the original order, finding that the petitioner was not given adequate opportunity to produce the complete set of Yellow Pages necessary to establish the date of publication.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed against the rejection of its application for cancellation of a registered design. The appellant argued that the design was prior published, evidenced by sales and advertisements from 2003-2005. The High Court set aside the Controller's order due to non-appreciation of material evidence and remanded the matter back to the Controller for consideration of merits.
Lucky Exports v.The Controller Of Patents & Designs & Ors.
Lucky Exports appealed a rejection order by the Controller of Patents, challenging the decision that its registered design could not be cancelled. The appellant argued that the design had been prior published and that the Controller failed to consider crucial evidence from a suit filed in Ludhiana. The High Court set aside the Controller's order due to non-appreciation of materials and remanded the matter for further consideration.
Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.
Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider during the initial proceedings.
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