Interim Order
196 interim order decisions from Delhi High Court - Orders.
Interim Order Decisions
196 cases | Page 3 of 7
El Baik Food Systems Co Sa v.M/S. Albaik Foods Trading Private Limited & Ors.
The Delhi High Court issued an order in a dispute between El Baik Food Systems Co Sa and M/S. Albaik Foods Trading Private Limited regarding trademark, color combination, and packaging. The court noted that the defendants were preparing to file their written statement and would seek instructions on the reliefs sought by the plaintiff. Consequently, the matter was scheduled for renotification on August 5, 2025, indicating ongoing litigation.
Rajesh Daseja (Huf) Trading As D Rajkumar v.Simran Gaba & Anr.
The Delhi High Court issued an order in a trademark dispute where Rajesh Daseja (Huf) sought the cancellation of Trademark No. 4776864 for the mark 'GSK/' from the Trade Marks Register. The court initiated the formal process, directing the petitioner to take necessary steps and issue notice to all respondents. This marks the commencement of substantive proceedings aimed at removing the disputed trademark.
Orient Electric Ltd v.Polycab India Limited
Orient Electric Ltd filed a suit against Polycab India Limited alleging that its 'Polycab Ceiling Fan Silencio Cruiser' infringes upon Orient Electric's Indian Patent No. 477284, which relates to a twisted compounded plastic blade for ceiling fans. The court passed an order appointing a Local Commissioner to inspect the Defendant's premises and collect evidence regarding the infringing products and sales.
Vertex Pharmaceuticals Incorporated v.Alivus Life Sciences Limited
The plaintiff filed a suit seeking permanent injunction and damages for infringement of Indian Patent No. IN 282654 related to Ivacaftor. The court initially allowed the exemption from pre-litigation mediation, and subsequently passed an interim order granting ex-parte injunctions against the defendant regarding the use and sale of the patented product.
Panasonic Holdings Corporation & Anr. v.Askhok Kumar & Ors.
In this Delhi High Court order concerning trademark infringement, the court granted an exemption from advanced service to allow the plaintiffs (Panasonic) to seek urgent interim relief. The core decision was the appointment of a Local Commissioner to conduct a comprehensive search and seizure operation at the defendants' premises. This action aims to confiscate counterfeit packaging materials bearing the 'ANCHOR' trademark, thereby protecting Panasonic's goodwill and preventing further infringement while the main suit proceeds.
Gsp Crop Science Pvt. Ltd. v.General Crop Science Pvt. Ltd. & Anr.
The Delhi High Court addressed several interlocutory applications filed by the defendants/counter claimants. The court condoned a 57-day delay in filing the written statement and directed the numbering of the counter claim seeking revocation of the plaintiff's patent (IN 394568). Further directions were issued regarding discovery and placing sales figures on record.
Bdr Pharmaceuticals International Pvt Ltd v.Kudos Pharmaceuticals Limited & Anr.
The suit concerned infringement of Patent IN 2287201 for Olaparib (LYNPARZA). The Plaintiff sought a temporary injunction and deposit of revenues. Given the patent was nearing its expiration, the Court issued directions requiring the Defendant to disclose earnings and earmark 20% of net sales value in a No Lien account.
Guangdong Oppo Mobile Telecommunications Corp Ltd v.Voiceage Evs Llc
The petitioners sought the revocation of Indian Patent No. IN405869 before the Delhi High Court. The court granted notice and allowed various interim applications, including directions for respondents to file prosecution records and granting extensions of time for both parties.
Saint Gobain Placo & Anr. v.M/S Steel India & Ors.
The Delhi High Court allowed the plaintiffs to be exempted from pre-litigation mediation and advance service. The court also granted permission to file additional documents and, crucially, ordered the appointment of Local Commissioners to conduct a search and seizure operation at the defendants' premises to gather evidence regarding patent infringement.
Astrazeneca Ab v.Beacon Pharmaceuticals Plc
Astrazeneca filed a suit seeking permanent injunction against Beacon Pharmaceuticals and others for infringing its patent (IN 297581) covering the compound Osimertinib. The court, after considering the prima facie case, granted an ad interim ex-parte injunction restraining the defendants from selling or offering the patented compound in any form.
Falcon Autotech Private Limited v.Kengic Intelligent Technology Co. Ltd.
The plaintiff filed a suit alleging infringement of its patented 'Integrated Pre-Sortation System' (Patent No. IN410846). The plaintiff sought an interim injunction to protect its statutory rights against the defendant, who was allegedly manufacturing and selling infringing sorter machines in India without proper licenses.
Incyte Holdings Corporation v.Lotus Labs Private Limited
The plaintiffs filed a suit regarding infringement of patent IN'841. The court considered the defense that the defendants were only engaged in permitted activities under Section 107(A) and had not yet obtained commercial manufacturing licenses from CDSCO. The court granted an interim order allowing the defendants to proceed with obtaining necessary permissions.
Mold-Tek Packaging Limited v.Ideal Technoplast Industries Limited & Ors.
The plaintiff, Mold-Tek Packaging Limited, filed a commercial suit seeking permanent injunction against infringement of its registered patents and designs. The court granted several procedural exemptions to the plaintiff, including exemption from advance service and pre-litigation mediation. Furthermore, the court allowed an application for Local Commissioners to conduct search and seizure at the defendants' premises regarding alleged patent infringement.
Syngenta Limited And Anr v.Gsp Crop Science Private Limited
The Delhi High Court issued an order in a patent-related suit, directing the appointment of a Scientific Advisor from IIT Delhi. The advisor is tasked with examining the manufacturing processes, sites, and chemical usage by the Defendant regarding DroneX and Azoxystrobin technical to assist the court in resolving complex technical issues.
Ht Process Controls Private Limited v.Ankur Gupta & Ors.
The petitioner, Ht Process Controls Private Limited, filed a commercial suit seeking protection of its intellectual property rights over confidential information and technical know-how related to an automatic robotic system for gas cylinder handling. The Court passed several orders allowing various applications, including granting exemptions and directing the appointment of Local Commissioners to conduct searches and seizures at the defendants' premises.
Nord Lock Ab v.Gala Precision Engineering Private Limited
The plaintiffs filed an application seeking a permanent injunction against the defendants, alleging that the defendants were infringing two registered patents related to the manufacture of washers. The court issued notice and directed that if the defendants file a suit challenging the validity or non-infringement of these patents, it must be done within the jurisdiction of the Delhi High Court.
Incyte Holdings Corporation v.Lotus Labs Private Limited
The plaintiffs filed a commercial suit alleging infringement of their Indian Patent No. 269841, which covers the compound 'Ruxolitinib'. The court granted an exemption from advance service based on the apprehension that Defendants might flood the market with infringing products before formal service could occur.
Helsinn Healthcare Sa & Anr. v.Hetero Healthcare Limited
Helsinn Healthcare filed a suit seeking permanent injunction against Hetero Healthcare Limited for infringing their patent (No. 426553) related to a combination treatment for nausea and vomiting induced by chemotherapy. The court, after considering the promotional material of 'NETUPIN', found that the defendant's product was an integrated combination of the patented compounds, thus making a prima facie case for infringement.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
The plaintiffs filed an application alleging that the defendant was non-compliant with a prior court order by promoting or advertising the 'Present and Record' feature on its global website, potentially inviting Indian users to circumvent restrictions using VPNs. The Court found that while the feature is not available for download in India (which constitutes compliance), the defendant must take steps to ensure customer care does not suggest or exhort users to use VPNs to access the feature.
Britannia Industries Ltd v.ITC Ltd
This case involves a dispute over the validity of a registered design used on 'Good Day' Biscuits labels. The defendant, ITC Ltd, sought summary judgment arguing that the design was not registrable under Section 19(1)(d) and Section 4(b) of the Designs Act, citing prior public disclosure. Britannia Industries Ltd countered this by seeking to place additional documents on record, which they claimed would correct an error in their user claim date. The court adjourned the matter to determine the admissibility of these crucial documents.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed against the refusal of its Indian Patent Application No. 201717045317 by the Assistant Controller of Patents. The appellant argued that the refusal erroneously applied the test of inventive step, failing to recognize the technical advancement and substantial differences in the claimed invention compared to prior art.
M/S Reflect Sculpt Private Ltd. v.Abdus Salam Khan
In a suit concerning alleged counterfeiting and infringement, the Delhi High Court granted several interim reliefs in favor of M/S Reflect Sculpt Private Ltd. The court allowed exemptions for urgent proceedings, including waiving advance service and pre-institution mediation, recognizing the need for swift action against counterfeit products. Furthermore, the court appointed a Local Commissioner to investigate the alleged infringements, allowing access to premises and financial records to gather evidence regarding the unauthorized use of unique designs and the 'GAURAV GUPTA' trademark.
Kubota Corporation v.Kaira Agros & Ors.
The Delhi High Court granted urgent interim relief to Kubota Corporation in its suit against Kaira Agros. Recognizing the threat posed by counterfeit products, the court allowed an ex-parte appointment of a Local Commissioner. This commissioner is directed to search premises and seize packaging, stickers, and promotional material bearing infringing marks, while also documenting non-infringing machinery. The order paves the way for the formal registration of the suit.
Pfizer Inc. v.Incepta Pharmaceuticals Limited
The court confirmed an ex-parte ad-interim injunction granted earlier, restricting defendants from dealing in infringing products related to Patents No. 243571 and 250050, as other patents had expired. The court also directed service of notice for discovery regarding the origin and import of impugned products and allowed amendments to the plaint.
Niranjan Arvind Gosavi And Ors v.Innovatiview India Private Limited
The plaintiffs filed a commercial suit alleging that the defendant infringed their patent (No. 336205) related to secure document validation methods by bidding for an NTA e-tender requiring enhanced QR Code solutions. The court refused to grant an ad-interim injunction, considering the impact on the tendering process, but directed the defendant to maintain full accounts if they succeed in the tender.
Eli Lilly And Company Private Limited v.Eskayef Pharmaceuticals Limited
Plaintiffs, Eli Lilly And Company, filed a suit alleging infringement of their Indian Patent No. IN 297760 (covering Abemaciclib) by the Impugned Drug 'Abeclib', manufactured by Defendant No. 1. The court prima facie found that 'Abeclib' infringes the patent and granted an interim injunction.
M/S. Serveshwar Food Products Pvt. Ltd. v.Mr. Sachin Gupta Trading As M/S Jai Balaji Grah Udyog & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S. Serveshwar Food Products Pvt. Ltd. against the Defendants for alleged trademark infringement and passing off related to the 'LACY' brand. The court allowed the Plaintiff to conduct a search and seizure operation at the Defendants' premises using Local Commissioners, aiming to prevent further unauthorized use of deceptively similar marks like 'LECY'. This order establishes strong preliminary protection for the Plaintiff's established goodwill in the FMCG sector.
Astrazeneca Ab & Anr. v.Azista Industries Pvt Ltd & Ors.
The suit concerns the infringement of Plaintiff No. 1's patent (IN 297581) related to the drug Osimertinib, a second-line treatment for non-small cell lung cancers. The Plaintiffs sought an ad interim injunction against the Defendants who were allegedly manufacturing and selling infringing versions under the brand OSITAB.
Macleods Pharmaceuticals Ltd. v.Alkem Laboratories Ltd. & Anr.
Macleods Pharmaceuticals filed an application seeking permission from the Delhi High Court to initiate trademark rectification proceedings against Alkem Laboratories. The core issue was challenging the validity of the Defendant's registered mark, ALSITA, in Class 5. The court accepted notice and scheduled the matter for further hearing, allowing the parties time to file their respective responses.
Incyte Holdings Corporation v.Tiba Pharmaceutical Pvt Ltd
Plaintiffs filed suit alleging infringement of their Indian Patent (IN269841) covering the compound 'Ruxolitinib'. The court granted exemption from advance service, noting that the Defendant had not yet launched infringing products. Furthermore, the court passed detailed orders allowing for an ex-parte ad interim injunction and appointed a Local Commissioner to search premises and seize any infringing stock.
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