Pending
328 pending decisions from Delhi High Court - Orders.
Pending Decisions
328 cases | Page 10 of 11
Eris Lifesciences Limited v.Controller Of Patents & Anr.
Both petitions sought the revocation of Indian Patent No. 243301 under Section 64 of The Patents Act, 1970. The court condoned delays in filing written statements and disposed of related interlocutory applications. The matter was listed for further hearing due to the patent's impending expiry.
Natco Pharma Limited v.Bristol Myers Squibb Company And Anr
The court consolidated a rectification petition and a suit related to the same patent. An additional issue was framed regarding whether Indian Patent IN 247381 is liable for revocation under specific sections of the Patents Act, 1970.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft filed an appeal challenging the Controller of Patents' order dated October 29, 2021. The original rejection was based on non-patentability under Section 3(c) of the Patents Act, 1970, and lack of clarity.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
Elanco Tiergesundheit Ag appealed a decision by the Assistant Controller of Patents and Designs which rejected its patent application (No. 3679/DELNP/2015) for 'Preparation of Live Vaccines' due to lack of novelty and inventive step. The court first addressed applications regarding exemption from affidavits, filing additional documents, and condonation of delay.
Glaxosmithkline Intellectual Property Development Limited v.The Controller of Patents
Glaxosmithkline Intellectual Property Development Limited appealed against an order passed by The Controller of Patents rejecting its patent application (No. 201617034934). The rejection was based on lack of inventive step and non-patentability under Section 3(d) of the Patents Act, 1970.
Dow Agrosciences Llc v.The Controller Of Patents
Dow Agrosciences Llc filed an appeal challenging the rejection order dated September 9, 2020, concerning its patent application for 'ENDPOINT TAQMAN METHODS FOR DETERMINING ZYGOSITY OF COTTON'. The case was listed before the Delhi High Court after being transferred from the IPAB due to the Tribunals Reforms Act, 2021.
Gsp Crop Science Private Limited v.Fmc Agro Singapore Pte Ltd.
The court heard several applications filed by Gsp Crop Science Private Limited, including an application seeking interim injunction and discovery. The Petitioner sought protection against the Respondents interfering with its business related to the process claimed in patent IN 252004.
Communication Components Antenna Inc v.Mobi Antenna Technologies (Shenzhen) Co. Ltd.
The Delhi High Court passed an order on September 22, 2022, addressing several interlocutory applications in a suit concerning antenna technology. The court listed one application for hearing regarding the certificate of validity under Section 113 of the Patents Act, 1970.
Bayer Healthcare Llc v.MSN Laboratories Private Limited
This order addressed various interlocutory applications in the commercial suit filed by Bayer Healthcare Llc against MSN Laboratories Private Limited. The court allowed several procedural requests, including granting time extensions and allowing additional documents. It also noted that the defendant had not yet launched its product and directed it to maintain status quo.
Fmc Corporation v.Best Crop Science Llp
Plaintiffs filed a suit seeking permanent injunction against Best Crop Science LLP for allegedly using the patented process IN '645 to manufacture Chlorantraniliprole (CTPR) under the brand name CITIGEN. Defendants contested the suit, raising issues of patent invalidity due to non-working and allegations of evergreening by plaintiffs. The Court ordered the appointment of a Local Commissioner and Scientific Advisors to independently analyze the product and map the defendants' process against the suit patent.
3D Systems Incorporated v.The Controller Of Patents
3D Systems Incorporated filed an appeal challenging the rejection of its patent application (No. 201717015945) by the Assistant Controller of Patents & Design on grounds of lack of inventive step. The High Court issued notice and directed the respondent to file written submissions.
Msn Laboratories Private Limited v.Bristol Myers Squibb Holdings Ireland Unlimited Company
The petitioner filed a revocation petition under Section 64 of the Patents Act, 1970, seeking to revoke patent number 247381 covering APIXABAN. The court allowed notice and directed the completion of pleadings within prescribed timelines.
Art Screw Co., Ltd. v.The Assistant Controller Of Patents And Designs
Art Screw Co., Ltd. appealed against the rejection of its patent application (No. 6541/DELNP/ 2011) by The Assistant Controller of Patents and Designs, which cited lack of inventive step. The court directed the petitioner to place international granted patents on record and ordered further submissions from both parties.
Ravinder Singhania v.Union Of India & Anr.
Ravinder Singhania filed a writ petition challenging the rejection of a patent application by Respondent No. 2, seeking to quash the impugned decision and direct reconsideration. The petitioner primarily argued that he did not receive an essential email containing the examination report, preventing him from responding within the stipulated time.
Bayer Intellectual Property Gmbh v.The Controller Of Patents
Bayer Intellectual Property Gmbh appealed the Patent Office's order rejecting its divisional patent application (No. 201918027661). The rejection was based on a lack of inventive step and insufficient experimental data. The Court directed the parties to submit the full file wrapper of both the parent and subject applications for further consideration.
Nokia Technologies Oy v.Vivo Mobile Communication Co., Ltd & Ors.
The court heard various interlocutory applications in a patent infringement suit filed by Nokia Technologies Oy against Vivo Mobile Communication Co., Ltd & Ors. The core issue addressed was whether the Plaintiff could amend its claims to include additional infringing devices or assert infringement under other patents during the pendency of the suit.
Incyte Holding Corporation v.Assistant Controller Of Patents And Designs
Incyte Holding Corporation appealed the rejection of its patent application (No. 8686/DELNP/2010) by the Assistant Controller of Patents. The appeal was filed after a considerable delay of 530 days. The court condoned this delay, allowing the main appeal to proceed.
Osaka University v.Assistant Controller Of Patents And Designs
Osaka University appealed the Patent Office's order rejecting its patent application (No. 3495/DELNP/2012) for 'Bridged Artificial Nucleoside and Nucleotide'. The rejection was based on lack of novelty, inventive step, and Section 3(d) of the Patents Act, 1970.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants filed an appeal challenging the order dated November 15, 2021, passed by the Assistant Controller of Patents. The original application (No. 201817032492) was rejected on the ground of lack of novelty under Section 2(1)(j) of the Patents Act, 1970.
Proprietect L P v.The Controller Of Patents
Proprietect L P filed an appeal challenging the rejection of its patent application (No. 5706/DELNP/2011) by the Asst. Controller of Patents. The primary issue addressed in this order was the condonation of a significant delay in filing the appeal, which was ultimately granted.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft appealed an order by The Controller of Patents which rejected its patent application (No. 9149/DELNP/2014). The rejection was based on the grounds that the antibodies claimed were naturally occurring and thus non-patentable under Section 3(c) of the Act. The court allowed various interlocutory applications, including condonation of delay, and issued notice for further arguments.
Pfizer Inc And Ors v.Jodas Expoim Pvt Ltd And Anr
The court framed several issues in this commercial suit concerning alleged patent infringement by the defendants against Pfizer Inc and Ors. The core questions revolve around whether the defendants' activities infringe two specific Indian Patents (No. 218291 and No. 209251) and if the plaintiffs are entitled to permanent injunction or damages.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the rejection of its patent application for "ghosted synchronization" by the Assistant Controller of Patents & Designs. The rejection was primarily based on non-patentability under Section 3(k). The Court directed the Assistant Controller to submit a comprehensive report addressing the objections raised in the First Examination Report.
Sequenom Inc v.The Controller Of Patents
Sequenom Inc appealed the rejection of its patent application (No. 3139/DELNP/2012) by the Assistant Controller of Patents and Designs, which held it non-patentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the invention was a screening test, not a diagnostic test, while the respondent relied on the broad definition of 'Pre-Natal Diagnostic Test' under the PCPNDT Act.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed the rejection of its patent application (l026/DEL/2012) by the Controller of Patents, Chennai. The rejection was based on Section 3(i) of the Patents Act, 1970. The court ordered a report to be filed regarding novelty and inventive step before further consideration.
Novartis Ag & Anr. v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction against Msn Laboratories Private Limited for alleged infringement of Indian Patent No. 283133, which covers PYRROLOPYRIMIDINE (RIBOCICLIB). The cause of action arose from an Office Memorandum indicating the government's intent to procure RIBOCICLIB TAB/CAP, and Novartis argued this posed a threat to its patent rights.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 233161, which covers 'ELTROMBOPAG OLAMINE / REVOLADE'. The cause of action arose from an Office Memorandum issued by the Department of Pharmaceuticals indicating that the defendant was included in a list for procuring the patented preparation.
Getaround, Inc. v.Assistant Controller Of Patents And Designs
The appeal challenges the rejection of a patent application for "VEHICLE ACCESS CONTROL SERVICES AND PLATFORM" by the Patent Office, which cited two US patents (D5 and D6) on grounds of lack of inventive step. The appellant argued that their invention differs significantly from the prior arts, particularly regarding communication flow.
Valent Biosciences Llc v.The Controller of Patents and Designs
Valent Biosciences Llc filed an appeal challenging the Assistant Controller's order rejecting its patent application (No. 201717025151). The rejection was based on a lack of inventive step under relevant sections of the Patents Act, 1970. The court allowed applications for additional documents and exempted filing fees, and listed the appeal for further hearing.
Interdigital Technology Corporation v.Guangdong Oppo Mobile Telecommunications Corp. Ltd.
The court heard various interlocutory applications in a patent infringement suit concerning standards essential patents related to 3G, 4G, and 5G communications. The primary focus was on allowing the Plaintiffs (Interdigital) to reserve rights to add future infringing devices and additional patents from their large portfolio.
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