Interim Order
196 interim order decisions from Delhi High Court - Orders.
Interim Order Decisions
196 cases | Page 4 of 7
Novartis Ag v.Natco Pharma Limited
The court passed an order addressing two interlocutory applications filed by the defendant. The first application led to the addition of a specific issue concerning the validity of Patent IN 233161 under Section 3(d) of the Patents Act, 1970. The second application modified the schedule for leading evidence.
E R Squibb And Sons Llc v.Beacon Pharmaceuticals Limited
The Plaintiffs filed a suit alleging that the Defendants were infringing their Indian Patent No. 340060, which covers the drug Nivolumab. The court examined the patent's validity and prima facie case before issuing interim directions.
Gsp Crop Science Pvt. Ltd. v.Devender Kumar
GSP Crop Science Pvt. Ltd. filed a suit alleging infringement of its Suit Patent (IN384184) concerning a liquid composition of Pendimethalin and Metribuzin. The Plaintiff claimed that the Defendant launched an imitation product named 'Pendamic' which matched the claims of the patent. Based on the prima facie case established, the Court granted an ex-parte ad interim injunction.
Castrol Limited v.Vivek Sen, Trading As Tridev Auto Parts & Anr.
In a suit concerning trademark and copyright infringement, Castrol Limited successfully secured several critical interim orders from the Delhi High Court. The court granted exemptions allowing the Plaintiff to proceed urgently without pre-litigation mediation or prior notice to the defendants. Crucially, the court authorized the appointment of a Local Commissioner to conduct a search and seizure operation against the Defendants for counterfeit products bearing deceptively similar marks and packaging.
3G Licensing S.A v.The Controller General of Patents, Designs and Trademarks and Anr
The appeal was filed challenging the rejection of a patent application. The Appellant argued that prior art cited by the Indian Patent Office had also been considered and the patent granted in Europe. The Court issued an interim order allowing the Appellant time to submit the European patent record.
Koninklijke Philips N.V. v.Oplus Mobitech India Pvt. Ltd. & Ors.
The Plaintiff, Koninklijke Philips N.V., filed suit alleging infringement of five Indian patents covering SEPs essential to 3G/4G telecommunication standards by the Defendants, who manufacture and sell OnePlus smartphones. The court addressed an application for a pro-tem arrangement, recognizing the importance of these SEPs in industry standards.
Balanced Body Inc. v.Yasmins Body Image Private Limited & Anr.
Balanced Body Inc., a U.S.-based company, filed suit against Yasmins Body Image Private Limited alleging infringement of its patents related to 'REFORMER EXERCISE APPARATUS' and 'ARM CORD SUPPORT RISERS'. The court examined evidence showing that the Defendant No.1 was operating gyms with machines clearly mapping on the Plaintiff's granted patents. Consequently, the Court issued directions for the Defendant No.1 to disclose the source and quantity of the alleged infringing equipment.
Shri Dhruv Gupta v.M/S Ujala Aquatech India Private Limited
The Delhi High Court addressed a suit filed by Shri Dhruv Gupta against M/S Ujala Aquatech India Private Limited concerning the trademark 'UJALA'. The Plaintiff seeks permanent injunctions for alleged infringement, passing off, and dilution. Given that the original owner of the mark is under insolvency proceedings (NCLT), the court deemed it necessary to issue notice to the Resolution Professional (RP) to ascertain their position before proceeding with the case.
Mr Archit Lohia & Ors. v.Ons Mechcon Project Private Limited & Anr.
The plaintiffs filed a suit alleging that the defendants' product, 'Alumina Ceramic Adjustable Line Orifice', infringes upon their Indian Patent IN355705 concerning a variable orifice for regulating mass transport. The court registered the plaint and issued orders regarding pleadings, interim injunctions, and exemption from pre-institution mediation.
Intervet International B.V. v.Reyaansh Healthcare
The plaintiffs, holders of Indian Patent 283279 for the veterinary product Fluralaner, filed a suit against Reyaansh Healthcare for manufacturing and selling Fluralaner tablets under the brand Flurashield without a license. The court granted an interim injunction restraining the defendants from manufacturing or selling the product until further hearing.
Arjan Impex Pvt Ltd v.Ashish Padia & Anr.
Arjan Impex Pvt Ltd filed a rectification petition seeking the revocation of Patent No. 418294, titled "BONDED FUSION BOWL," registered in the name of Respondent No. 1. The court issued interim orders addressing procedural matters and restraining both parties from engaging in conduct that hinders each other's business during the pendency of the proceedings.
Zydus Healthcare Ltd. v.Assistant Controller Of Patents And Designs & Anr.
Zydus Healthcare Ltd. challenged the grant of Patent IN 426553 by alleging that the claims were broadened beyond the original filing scope, violating Section 59 of the Patents Act, 1970. The court issued an interim order addressing procedural matters (CM 61/2023) and directed notice to all parties for further consideration of the main petition.
Jay Switches (India) Pvt. Ltd. v.Sandhar Technologies Ltd & Ors.
The Plaintiff filed a suit alleging that the Defendant's fuel tank cap infringes their patent (IN427110) and registered design (275676). The court passed several orders, including allowing an exemption from pre-litigation mediation and granting interim relief regarding the production of impugned products.
Verizon Trademark Services Llc & Ors. v.Verizon Trade Services & Ors.
The Delhi High Court issued an order on April 12, 2023, in the matter of Verizon Trademark Services Llc & Ors. versus Verizon Trade Services & Ors. The court directed that the case be re-notified for a hearing on April 13, 2023. This procedural step indicates ongoing litigation concerning trademark matters between the two related entities.
Boehringer Ingelheim Pharma Gmbh And Co Kg v.The Controller Of Patents & Anr.
Boehringer Ingelheim Pharma challenged the rejection of its application seeking to quash a pre-grant opposition filed against its patent application. The petitioner argued that the opposition lacked reasonable justification, while the court addressed the issue of abuse of process under Section 25(1).
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
Plaintiff filed a suit seeking permanent injunction against infringement of his process patent related to extracting Alpha Yohimbine. The dispute centered on whether the Defendants' product was made using the patented process, and how to balance the need for evidence with the protection of Defendants' trade secrets.
Adama India Private Limited v.Fmc Corporation & Anr.
Adama India Private Limited filed a suit seeking a declaration that its process for manufacturing Chlorantraniliprole (CTPR) does not infringe Patent No. IN 298645 held by FMC Corporation. The court, while addressing an interim application, granted a temporary restraint on the defendants from contacting distributors or regulatory authorities to prevent business hindrance.
Novartis Ag v.Natco Pharma Limited
The court disposed of several interlocutory applications (I.A.) in the patent dispute between Novartis Ag and Natco Pharma Limited. The defendant withdrew its counter claim seeking invalidity of the suit patent, and the court allowed the defendant to file additional documents after imposing conditions.
Novartis Ag v.Natco Pharma Limited & Anr.
Novartis Ag appealed against an order that set aside a patent grant (IN'414518) on the ground of procedural lapses. Novartis argued that the Single Judge misinterpreted Rule 55, which pertains only to pre-grant opposition procedures, not application examination under Sections 13, 14, and 15 of the Patents Act, 1970. The Court found issues regarding the merging of proceedings and directed notice to be issued.
Honeywell International Inc. v.The Controller General Of Patents, Designs And Trademarks and Anr.
Honeywell International Inc. filed an appeal challenging the decision of the Joint Controller of Patents and Designs, which had declined its patent application under Section 3(k) of the Patents Act, 1970. The appellant argued that the decline order was non-reasoned and inconsistent with previous judicial decisions. The Delhi High Court issued directions to both parties to file detailed submissions, brief notes, and relevant documentation before proceeding with the appeal.
Bristol Myers Squibb Holdings & Ors. v.Emcure Pharmaceuticals Limited
The petitioner (Bristol Myers Squibb) filed an application seeking correction of clerical and typographical errors in a previous order concerning its US patent infringement suit against Apotex Inc. Separately, the court allowed the respondent (Emcure Pharmaceuticals) to file its written statement after condoning the delay.
Chasvinder Singh v.The Registrar Of Copyrights & Ors
This Delhi High Court order addressed a writ petition filed by Chasvinder Singh against The Registrar of Copyrights. During arguments, respondents raised objections regarding the maintainability of the petition, arguing that the appropriate legal remedy for challenging the copyright grant was through a rectification petition under Section 45 of the Copyright Act, 1957. The court granted time to the petitioner to take further instructions before listing the matter for hearing.
Wockhardt Limited v.Zymes Bioscience Private Limited & Anr.
Wockhardt Limited filed a suit alleging that Zymes Bioscience Private Limited infringed its Indian Patent No. IN 318858, which covers the formulation of a new generation antibiotic combination (2 grams cefepime and 2 grams tazobactam). The court registered the plaint and granted an interim injunction restraining the defendants from manufacturing or marketing products containing this specific combination.
Anita Agarwal v.Vankon Modular Pvt. Ltd.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Anita Agarwal, who owns the registered trademark 'VENSOR'. The court found prima facie that the defendant, Vankon Modular Pvt. Ltd., was circulating notices that were defamatory and disparaging towards the plaintiff's mark and goods. This preliminary order aims to protect the plaintiff's goodwill while the main suit proceeds, addressing both alleged trade mark infringement and passing off.
Sirona Hygiene Private Limited v.Amazon Seller Services Private Limited
The court heard an application filed by Defendant 7 seeking permission to place screenshots and a research paper on record to challenge the novelty of Design No. 263764 asserted by Sirona Hygiene Private Limited. The plaintiff opposed the application, citing delay. The Court allowed the documents but directed the plaintiff to file an affidavit of admission or denial.
Imberatek Llc v.Samsung Electronics Co. Ltd.
The Delhi High Court passed an order in CS(COMM) 763/2022 addressing several interlocutory applications filed by Imberatek Llc against Samsung Electronics Co. Ltd. The court granted exemptions from pre-institution mediation and allowed the plaintiff to file confidential documents related to the suit patent under strict confidentiality terms.
S. Bir Pal Singh v.Pawandeep Singh Walia Trading As M/S. Pawandeep Singh & Company and Ors.
In this trademark dispute before the Delhi High Court, S. Bir Pal Singh sought interim protection against Pawandeep Singh Walia Trading As M/S. Pawandeep Singh & Company. The court issued a crucial order directing Respondent No. 1 not to create any third-party rights in four specific registered trademarks associated with 'AKALI PATRIKA.' This protective measure ensures the status quo is maintained while the main litigation proceeds, setting a key date for further hearing.
Boehringer Ingelheim International GmbH v.Mr X Trading As Messrs Amar Medical Store & Ors.
Boehringer Ingelheim International sought an ex-parte ad-interim injunction in a suit concerning its pharmaceutical products. The Plaintiff asserted rights over its trademarks and distinctive trade dress, which it claimed constituted original artistic works under the Copyright Act. While the court allowed the application for interim relief, it mandated that notice be issued to the Defendants before execution of the order, setting the stage for further litigation regarding brand protection.
Boehringer Ingelheim Pharma Gmbh Co v.Centurion Remedies Private Limited
The plaintiffs (Boehringer Ingelheim) filed a suit alleging that the defendants were manufacturing/importing generic versions of medicines covered by their Indian Patent No. 243301, which relates to Linagliptin compounds. The court found that the plaintiffs made out a good prima facie case and granted an ad-interim injunction restraining the defendants from manufacturing or selling the infringing products.
Starbucks Corporation v.Star Bucks Café & Anr.
Starbucks Corporation successfully sought an ex-parte ad-interim injunction against Star Bucks Café & Anr. in the Delhi High Court, asserting that its globally recognized trademarks and logos are being infringed upon. The court granted the interim relief, allowing Starbucks to proceed with a local commission to seize infringing materials such as packaging, uniforms, and menus from the defendants' premises. This order sets the stage for aggressive enforcement action against unauthorized use of the brand.
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