Pending
328 pending decisions from Delhi High Court - Orders.
Pending Decisions
328 cases | Page 11 of 11
Torrent Pharma Limited v.Controller General Of Patents
Torrent Pharma Limited filed an appeal challenging the order dated February 1, 2021, passed by the Assistant Controller. The said order rejected the patent application for 'Use of a Thiazolo Pyrimidinone' on grounds of lack of inventive step and non-patentability under Sections 3(e) and 3(d) of the Patents Act.
Merck Sharp And Dohme Corp v.Mr. Mahaveer Chand
The contempt petition was filed by Merck Sharp And Dohme Corp alleging non-compliance with a previous court order and settlement agreement concerning patent IN' 816. The petitioner claimed that the respondent continued dealing in products covered by the patent, specifically generic versions of Sitagliptin Phosphate Monohydrate. The Court directed the respondent to file an affidavit with an unconditional apology.
Dr. Sapna Nangia v.The Assistant Controller of Patents and Designs
Dr. Sapna Nangia filed an appeal challenging the Assistant Controller of Patents and Designs' order dated January 29, 2021. The original patent application (No. 201911010599) for a device and process was rejected primarily on the ground of lacking inventive step.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The court addressed two matters concerning the revocation of Indian Patent No. 243301, which covers the compound Linagliptin. The proceedings involved procedural steps such as treating a plaint as a petition and returning counter statements under objections.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs
The Appellant filed an appeal challenging the rejection of its patent application (No. 6500/DELNP/2011). The court first condoned a delay of 53 days in filing the appeal, and subsequently granted further time to the Respondent to file their reply.
Chia Tai Tianqing Pharmaceutical Group Co. Ltd v.The Controller of Patents and Designs
The suit was filed by Chia Tai Tianqing Pharmaceutical Group challenging an impugned order from the Assistant Controller of Patents & Designs. The rejection was based on Section 2(1)(ja), Section 3(d), and Section 10 of the Patents Act, 1970. The plaintiff argued that the objections under Section 10 were never raised during examination and that deleted claims were improperly used for rejection.
Ischemix Llc v.The Controller Of Patents
Ischemix Llc appealed the rejection of its Indian Patent Application No.4380/DELNP/2013 by the Controller of Patents, which was based on Section 3(d) of the Patents Act, 1970. The appellant challenged the basis and citation of the prior art documents used against them.
Glaxosmithkline Intellectual Property Development Limited v.The Controller of Patents
Glaxosmithkline Intellectual Property Development Limited filed an appeal against the rejection of its patent application (No. 201617034934) by the Assistant Controller of Patents & Designs. The rejection was based on lack of inventive step and non-patentability under Section 3(d) of the Patents Act, 1970.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed a decision by the Controller of Patents, Chennai, which rejected its patent application (No. 1026/DEL/2012). The High Court first condoned the delay in filing the appeal and subsequently listed the matter for further hearing to determine if the invention has been put to commercial use.
Communication Components Antenna Inc v.Ace Technologies Corp. And Ors.
The plaintiff filed a suit seeking permanent injunction and damages for infringement of its Indian Patent No. 240893, titled 'Asymmetrical Beams for Spectrum Efficiency'. The court issued directions regarding bank guarantees and continuous cash deposits from the defendants to secure the claims during the pendency of the suit. The matter remains pending trial.
Thyssenkrupp Rothe Erde Germany Gmbh v.The Controller Of Patents & Anr
The petitioner filed a petition seeking the revocation of Indian Patent No. IN254458 before the Delhi High Court. The contesting respondent raised objections regarding the court's jurisdiction, arguing that the patent was granted in Chennai and an earlier revocation petition had already been filed before IPAB, Chennai.
Chia Tai Tianqing Pharmaceutical Group Co. Ltd. v.The Controller of Patents and Designs and Anr.
The appeal was filed challenging the Assistant Controller's order dated August 24, 2021, which rejected Indian Patent Application No. 201817006495. The appellants argued that the rejection based on multiplicity of inventive concepts violated principles of natural justice as no specific objection was raised in the examination report.
Otsuka Pharmaceutical Co Ltd v.The Controller Of Patents
Otsuka Pharmaceutical Co Ltd filed an appeal challenging the Controller of Patents' order rejecting Indian Patent Application No. 8198/DELNP/2013. The appellant argued that the notice of hearing failed to cite all relevant prior arts ('D2' and 'D3') which were used as grounds for rejection.
Ten Xc Wireless Inc & Anr v.Mobi Antenna Technologies(Shenzhen) Co Ltd
The Delhi High Court passed an order addressing an interim relief application and framing an additional issue regarding the validity of a patent. The core dispute involves whether Patent Number IN 240893 is liable for revocation under specific sections of the Patents Act, 1970.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed the decision of the Assistant Controller of Patents and Designs which rejected its patent application (No. 2109/DEL/2011). The rejection was based on the claim subject not fulfilling the requirements of Section 2(1)(j) of the Act. The High Court granted certain exemptions but directed further proceedings, including the presence of the Assistant Controller.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
Rxprism Health Systems Private Limited filed a suit against Canva Pty Ltd seeking permanent injunction to restrain the defendants from infringing its patented technology, titled 'Present and Record Feature of Canva'. The court allowed the plaint to be registered as a suit and set out directions for issuing summons and filing written statements.
Intelligent Packaging Pty Ltd v.The Controller General Of Patents
Intelligent Packaging Pty Ltd filed an appeal challenging the Controller General of Patents' refusal to grant Indian Patent Application Number No. 156/DELNP/2014. The court issued several interim orders regarding procedural matters such as condonation of delay, exemption from filing documents, and granted time for the respondent to file a reply.
PFIZER INC v.NATCO PHARMA LIMITED
The plaintiffs (Pfizer Inc) informed the court that the present matter relates to Patent No. 218291 and is connected to several other pending cases involving the same patent. The court directed that the present matter be listed along with these related matters before the Judge In-charge on September 30, 2021.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd. & Ors.
The appeal challenges a single judge's decision that invalidated the Appellant's patent (IN240893). The Appellant argues that the ground of Section 64(1)(h) was not pleaded or evidenced, while the Respondent seeks to uphold the revocation based on various sections of the Patents Act.
Novartis Ag & Anr. v.Assistant Controller Of Patents And Designs
Novartis Ag & Anr. filed an appeal challenging the Assistant Controller's refusal to grant their Indian Patent Application No. 10611/DELNP/2015. The court allowed an interlocutory application regarding document filing and issued notice to the Defendant, setting the matter for further hearing.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner filed a writ petition challenging the Controller's order rejecting its pre-grant opposition under Section 25(1) of the Patents Act, 1970, which led to the grant of a patent in favor of the respondent. The court addressed arguments regarding whether a writ petition is an efficacious remedy against such rejection.
Koninklijke Philips N.V. v.Xiaomi Inc & Ors.
Koninklijke Philips N.V. filed a commercial suit alleging infringement of its patents concerning UMTS enhancement (HSPA, HSPA+) and LTE technologies used in mobile phones by Xiaomi Inc & Ors. The court issued several orders regarding interim applications, including granting an ad-interim injunction request and directing the defendants to maintain Rs. 1000 crores in bank accounts.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner filed a writ petition challenging the Deputy Controller of Patents and Designs' order passed during Pre-Grant Opposition under Section 25(1) of the Patents Act. The respondent argued that the patent was already registered and other remedies, including Post-Grant Opposition, were available.
Astrazeneca AB & Anr. v.Torrent Pharmaceuticals Ltd.
The plaintiffs presented an overview of their case. Since the defendant challenged the validity of the suit patent (IN-235625), the court directed the defendant to present arguments on that matter.
Torrent Pharmaceuticals Limited v.Union Of India, Represented By The Secretary, Department For Promotion Of Industry And Internal Trade & Ors.
Torrent Pharmaceuticals Limited filed a Writ Petition seeking to quash certain respondent orders and obtain a declaration that patent IN 235625 has lapsed. The court noted the contention regarding delay and latches, which needs to be decided first.
Telefonaktiebolaget Lm Ericsson (Pub) v.Gionee Communication Equipment Co. Ltd & Anr
The Delhi High Court passed an order in a patent infringement suit concerning several Ericsson patents related to 2G, EDGE, and 3G technology. The court framed issues regarding whether the patents are Standard Essential Patents (SEPs), whether there is infringement by Gionee, and whether the plaintiff complied with FRAND commitments.
Sugen Inc. v.K.V. Prakash & Ors
The petitioner (Decree Holder) filed an application alleging that the respondents (Judgment Debtors), including K.V. Prakash, SP Accure Labs Pvt. Ltd., and Accure Labs Pvt. Ltd., were violating a permanent injunction decree by making, selling, or dealing in products infringing Indian Patent No. 209251. The petitioner specifically cited the marketing of medicines named SUNIT 50 and SPUNIT 25. The court directed JD No.1 to appear in person for further inquiry.
Hindustan Unilever Limited v.Eureka Forbes Limited & Anr
This order addressed preliminary issues in an infringement suit. The court noted that a registered design holder is entitled to sue another registered holder if there is infringement, and suggested this principle should apply to patents as well. It was also informed that the plaintiff applied for patent grant earlier than the defendant.
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