Delhi High Court - Orders
2164 cases · page 33 of 73
Showing 961–989Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
The Delhi High Court heard several part-heard matters concerning a common legal question under Section 3(k) of the Patent Act, 1970. The order was passed in hybrid mode and scheduled for further hearing.
Ab Skf & Anr v.M/S Osaka International Inc. & Ors.
The Delhi High Court issued several orders in favor of Ab Skf & Anr, reinforcing existing injunctions while addressing new infringement concerns. The court directed a defendant involved in non-compliance with an earlier injunction to file a compliance affidavit regarding sales cancellations and refunds. Furthermore, based on evidence of counterfeit goods and domain squatting, the court ordered Defendant No. 12 (GoDaddy LLC) to immediately lock and suspend the infringing domain name 'www.skfsg.com', demonstrating proactive enforcement against trademark misuse.
Glaxo Group Limited v.Mohd. Nazim And Anr.
The Delhi High Court registered the commercial suit filed by Glaxo Group Limited against Mohd. Nazim And Anr., concerning alleged trademark infringement of 'AUGMENTIN' by the use of 'ZENMENTIN' for similar pharmaceutical products. The court allowed several procedural applications, including exemption from pre-institution mediation and granting permission to submit sealed documents related to sales figures. Crucially, the court directed that notice be issued to the defendants regarding the injunction application (I.A. 5188/2024), setting the stage for a full trial on the infringement claim.
Vertex Pharmaceuticals Incorporated v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
The petitioner challenged the acceptance of a pre-grant opposition by the Patent Office despite an internal decision to proceed with the patent grant. The court addressed procedural issues related to the timing of the decision versus the filing of the opposition, referencing Section 43 of the Patents Act.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
The Delhi High Court addressed a complex trademark dispute between Rexcin Pharmaceuticals and Rekin Pharma concerning the similar corporate names 'REXCIN' and 'REKIN'. The court noted that while Rexcin holds registrations for 'REXCIN', they are not currently using it commercially, whereas Rekin has registered 'REKIN-SP' in Class 05. To resolve the conflict, the Court proposed a potential settlement where both parties could agree to restrict the use of the disputed term only as part of their corporate name, rather than as a trademark or trade name. Both counsels agreed to consult their clients on this proposal and were directed to consider mediation.
Western Digital Technologies Inc. v.Daichi International
In this trademark infringement suit, Western Digital alleged that Daichi International was rebranding and reselling used/refurbished HDDs originally manufactured by WD under the 'Daichi' brand. The Delhi High Court issued conditional interim directions, allowing sales to continue but mandating that all impugned products must carry a clear disclaimer stating they are used and refurbished goods. Furthermore, the defendant was ordered to file detailed stock statements regarding the purchase and sale of these specific HDDs.
Wings Pharmaceuticals P. Ltd. v.Khatri Healthcare P. Ltd. & Anr.
The Delhi High Court clarified its earlier order in this trademark cancellation petition. The Petitioner, Wings Pharmaceuticals P. Ltd., sought clarification after raising objections regarding territorial jurisdiction. Consequently, the court allowed the application, permitting the Petitioner to withdraw the current case and file a fresh petition before the appropriate Trademark Registry in Mumbai. Crucially, the court emphasized that this withdrawal does not prejudice the parties' rights or express any view on the merits of the original dispute.
Mukesh Kumar Vidyarthi v.Controller Of Patents New Delhi & Anr.
The appeal challenged the Deputy Controller's order rejecting the appellant's patent application for 'Charge Recirculation Air Intake Main Ford (CRAIM)' on grounds of lack of novelty and inventive step. The Court, after considering submissions from both parties and an Assistant Controller, allowed the appeal.
Alpha Werke Alwin Lehner Gmbh And Co Kg v.Ssf Plastics India Private Limited & Anr
Alpha Werke Alwin Lehner Gmbh And Co Kg appealed the rejection of its patent application (No. 10851/DELNP/2014) by the Assistant Controller of Patents and Designs. The rejection was based on insufficient disclosure and lack of inventive step, as also in the context of a pre-grant opposition.
Su Kam Power Systems Limited v.Kunwer Sachdev & Anr. Kantaloop Communications & Anr.
The Delhi High Court addressed multiple rectification petitions concerning the 'Su-Kam' trademark, pitting Su Kam Power Systems Limited against Kunwer Sachdev. The court noted that while the petitioner company holds a key registration, the defendant claims original conceptualization of the mark. Given the complex history involving insolvency and prior civil judgments, the court has directed both parties to file detailed notes and encouraged them to explore amicable resolution through mediation before listing the matter again.
Wb Innovations Limited v.Assistant Controller Of Patents And Designs
The appeal challenged an order refusing patent application No. 2293/DELNP/2011, which cited issues regarding lack of single inventive concept and incomplete specification. The Delhi High Court found that the refusal reasoning did not meet legal requirements and allowed the appeal.
Tirth Agro Technology Private Limited v.Navkar Agriculture Industries
The Delhi High Court granted an ex parte ad interim injunction in favor of Tirth Agro Technology Private Limited against Navkar Agriculture Industries. The court found a prima facie case regarding the alleged infringement of the 'SHAKTIMAN' trademark and associated artistic work/trade dress used on agricultural products like rotavators. Consequently, the defendant was restrained from using similar marks or trade dresses, and the plaintiff was permitted to seize and seal all infringing material.
Shri Ram Autotech Private Limited v.Garima Singh Proprietor Of Ambika Industries
In this interim order concerning trademark infringement, the Delhi High Court accepted the Defendant's proposal to substantially modify their contested mark. Despite the Plaintiff's concerns regarding residual similarity in font style, the Court ruled that the overall changes sufficiently reduced the likelihood of consumer confusion. The Defendant was allowed a grace period of two months to exhaust existing inventory while transitioning to the new mark, provided they comply with all regulatory requirements.
Campus Activewear Limited v.Jqr Sports(India) Private Limited & Ors
The Delhi High Court initiated proceedings in Campus Activewear Limited vs Jqr Sports(India) Private Limited regarding alleged infringement of trademarks and designs related to shoes. The court formally registered the commercial suit and set out procedural timelines for filing written statements, replications, and affidavits of admission/denial. Furthermore, the urgent application seeking a permanent injunction was listed for further hearing, indicating that the core dispute over copying Campus's brand and design is moving forward.
Sk Bioscience Co Ltd v.Assistant Controller Of Patents And Designs
Sk Bioscience Co Ltd appealed the order dated October 31, 2023, issued by the Assistant Controller of Patents and Designs. The Impugned Order rejected the Appellant's patent application (No. 77/DELNP/2015) under Section 2(1)(j) and Section 3(e) of the Patents Act, 1970. The court disposed of applications related to condonation of delay and exemption from filing documents while allowing the respondent to file a reply.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals appealed a rejection order issued by the Assistant Controller of Patents. The appeal challenged the refusal, which cited claims that were not part of the final application submission. The High Court found the impugned order to be unreasoned and procedurally flawed.
Galaxy Packtech Private Limited v.Ashok Chaturvedi & Anr.
The petition seeks revocation of patent No. 282428 under Section 64 of the Patents Act, 1970. The Petitioner contends that they are an aggrieved person and that the Patent Office overlooked relevant prior art disclosures regarding the patented invention.
Ynsect v.The Controller Of Patents
Ynsect appealed the Controller of Patents' rejection of its patent application concerning a method for treating insects. The High Court found that the Controller failed to adequately analyze the differences between the subject invention and the cited prior art, particularly regarding higher protein content and lower fat content. Consequently, the appeal was allowed and the matter was remanded back to the Controller for fresh consideration.
Calm Water Therapeutics Llc v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of its divisional patent application (No. 201918017795), which was rejected on grounds including conflict with the parent application and non-compliance with various sections of the Patents Act, 1970. The Delhi High Court found that the Assistant Controller evaluated the application based on claims that had been waived by the appellant, leading to inconsistencies in the refusal order.
Adama India Private Limited v.FMC Corporation & Anr.
This order addresses multiple suits filed in the Delhi High Court concerning patent infringement. Adama India Private Limited has sought a declaration that its CTPR manufacturing process does not infringe FMC Corporation's patent (IN 298645), while FMC Corporation seeks permanent injunction against Adama India for infringement.
Burberry Limited v.M/S Petrol Perfume & Ors.
In this trademark infringement suit, Burberry Limited filed a claim against M/S Petrol Perfume & Ors., alleging that the defendants' perfumes bearing 'MY PETROL' and 'MR. PETROL' marks were deceptively similar to Burberry's registered trademarks and trade dress. The Delhi High Court issued several procedural orders, including granting exemptions for document filing and directing the defendants to provide a detailed affidavit regarding all goods manufactured under the impugned marks. This order sets the stage for the full trial on infringement and passing off.
Antex Pharma Pvt Ltd & Anr. v.Elder Projects Ltd & Anr.
The Delhi High Court granted an interim injunction in favor of Antex Pharma Pvt Ltd, restraining Elder Projects Ltd and its representatives from issuing baseless threats of legal action against the plaintiffs concerning the use of the trademark 'ELDER' and 'ELDERVIT'. The court relied heavily on a prior judgment establishing that the registered ownership of the 'ELDER' mark belongs to Elder Pharmaceuticals Limited (EPL), which is currently in liquidation. This ruling protects the plaintiffs from harassment while maintaining that the interim order does not grant them absolute entitlement to use the trademark.
Gopaljee Foods v.Subhash Chand & Ors.
In Gopaljee Foods vs Subhash Chand & Ors., the Delhi High Court addressed ongoing trademark disputes, noting that an ex-parte ad interim injunction previously granted in favor of the petitioner regarding trademark infringement had been confirmed by a Coordinate Bench. The court also noted attempts by respondents to revive abandoned trademarks and make changes to user dates, requiring them to place supporting documentation on record for further consideration.
Kewal Krishan Bansal Propreitor Of Ms Vee Pee Bansal And Company v.Puneet Chhabra Propreitor Of Rama Wire Industries
The Delhi High Court dismissed the defendant's application to vacate an interim injunction granted in a trademark and passing off suit. The court found that the plaintiff's prior registration history, spanning from 1979, coupled with their copyright registration, strongly supported the initial finding of infringement. The judge noted the suspicious timing of the defendant's attempts to register identical marks after the plaintiff's mark was temporarily removed from the registry due to non-renewal, buttressing the decision to maintain the injunction.
Vertex Pharmaceuticals Incorporated v.Controller General Of Patents, Design, Trademark and Geographical Indications & Ors.
Vertex Pharmaceuticals Incorporated filed a petition challenging a notice issued regarding a pre-grant opposition filed by respondent no. 3 against its Indian Patent Application. Vertex claims that the opposition could not have been filed after the Controller had already decided to proceed with the grant of the patent.
Saint Gobain Abrasives Inc v.Controller Of Patents
The appellant challenged the Assistant Controller's order rejecting their patent application, which cited three pieces of prior art (D1, D2, D3) as making the invention obvious. The court found that the impugned order failed to provide a useful analysis of how the combination of prior arts led to the conclusion of obviousness. Furthermore, the court noted the rejection of amendments lacked proper discussion.
Rukmini Devi And Ors. v.Union Of India And Ors.
The Delhi High Court addressed a writ petition challenging the acceptance of an alleged trademark assignment by the Registrar. The core dispute involved complex succession issues among the heirs of the original assignor, leading to multiple conflicting claims regarding the validity of the deed. Recognizing the ongoing litigation and disputes, the court did not rule on the merits but instead directed the petitioner to file comprehensive objections with the Trademark Registry. This move ensures that the assignment is subject to a fresh de novo review and hearing, effectively pausing the previous decision.
Mitsui Chemicals Inc v.Controller Of Patents
Mitsui Chemicals Inc appealed the refusal of its patent application (No. 3877/DELNP/2009), which was rejected on grounds that the claims were unpatentable as a 'method of agriculture' (Section 3(h)) and that amendments violated Section 59. The Appellant argued that the original PCT filing supported the amended composition claims, making the refusal invalid.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
F- Hoffmann -La Roche filed a suit for infringement against Zydus Lifesciences Limited concerning two patents related to Pertuzumab, a monoclonal antibody used in cancer treatment. The court issued several procedural orders and directed both parties to provide exhaustive legal and scientific assistance, including disclosing experts and considering an independent Scientific Advisor, while the core issue of formulation identity remains pending.
Blick System India Private Limited v.Franz Safford And Others
The petitioner filed an application seeking the revocation of a suit patent granted to the respondents. The dispute involved whether a previous undertaking given by the respondents, restricting them from hindering the petitioner's business through distributors, should continue. The court ultimately held that the undertaking was no longer sustained.
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