Delhi High Court
1664 cases · page 2 of 56
Showing 31–59Novo Nordisk A/S v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk appealed a rejection of its interlocutory injunction application regarding the import and sale of Semaglutide, claiming infringement of its patent. The court dismissed the appeal, noting that the suit patent was set to expire shortly, but also found prima facie evidence suggesting the suit patent could be challenged for obviousness based on prior art (Genus Patent IN'964).
Crystal Crop Protection Ltd v.Assistant Controller Of Patents And Designs & Ors.
The appellant challenged an order concerning the patentability/inventive step. The respondent filed an application to place additional public domain documents on record. The court allowed the admission of these documents but ultimately dismissed the appeal, finding that the original Impugned Order regarding lack of inventive step was well-reasoned.
Landmark Crafts Limited v.Romil Gupta Trading As Sohan Lal Gupta & Anr.
The appellant sought rectification to cancel a registered device mark (No. 3986970) held by the respondent, alleging irregularities in its grant. The Deputy Registrar had previously cancelled the registration. The appeal before the High Court questioned whether the substitution of marks constituted a substantial alteration under the Trade Marks Act.
Boehringer Ingelheim Pharma Gmbh And Co v.The Controller Of Patents & Anr.
Boehringer Ingelheim appealed against a single judge's decision regarding the maintainability of a revocation petition (CO (COMM. IPD-PAT) 38/2022). The core issues were whether a revocation petition could survive after the patentee pleaded invalidity in an infringement suit, or if it could continue after the patent expired by efflux of time.
Grains Research And Development Corporation v.The Assistant Controller Of Patents And Designs
The Appellant filed an appeal challenging the Assistant Controller's refusal to grant a patent for a method of controlling insects in stored food using synthetic amorphous silica. The rejection was based on lack of inventive step and non-patentability under Section 3(d).
Fertin Pharma A/S v.Assistant Controller Of Patents And Designs
Fertin Pharma A/S appealed the Assistant Controller's decision to reject its patent application (no. 202017042442). The High Court found that the rejection order was cryptic, lacked clarity of objection, and failed to provide sufficient reasons for rejecting the claims based on prior art documents D1-D3.
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
The plaintiff filed a suit seeking permanent injunction for infringing Indian Patent 369150 related to extracting Alpha Yohimbine. The plaintiff later sought conditional withdrawal, arguing that the defendant was using a different plant species (Rauwolfia Vomitoria) and thus there was no current cause of action. However, the court found evidence suggesting the defendant was indeed using Rauwolfia tetraphylla, leading it to deny the permission for withdrawal.
Oswaal Books And Learnings Private Limited v.The Registrar Of Trade Marks
Oswaal Books appealed a refusal order by the Registrar of Trade Marks rejecting their application for registration of the mark 'ONE FOR ALL' in Class 16. The lower court held that the phrase was common and descriptive, lacking inherent distinctiveness or secondary meaning. The High Court overturned this decision, finding that the mark is suggestive rather than descriptive and capable of registration.
Manu Chaudhary v.Controller Of Patents And Design
Manu Chaudhary appealed the refusal of his patent application (IN 201711047431) by the Controller of Patents and Designs. The rejection was primarily based on the lack of National Biodiversity Authority (NBA) approval. The High Court found that since the appellant had applied for NBA approval, the Controller should have deferred the final order instead of refusing the patent application.
Yangtze Memory Technologie Co Ltd v.Union Of India & Anr.
The petitioner challenged the grant of its patent application, arguing that it was prevented from filing a necessary divisional application due to the timing of the grant. The petitioner claimed diligent efforts and intent to file the division before the grant. However, the court dismissed the petition, holding that the Petitioner attempted to file the divisional application after the grant date.
Neway Industries Pvt. Ltd. v.Mold-Tek Packaging Limited
Mold-Tek Packaging Ltd filed a suit for infringement against Neway Industries Pvt. Ltd regarding two patents related to pail closure systems and tamper-proof lids. The dispute reached the Delhi High Court, where appeals were heard concerning the validity of the patents and the status of interim injunctions.
Canva Pty Ltd & Ors. v.Rxprism Health Systems Private Limited & Anr.
Canva appealed a single judge's decision that had granted an interim injunction against its 'Present and Record' feature, alleging infringement of Rxprism Health Systems Private Limited's Indian Patent No. 360726. The appeal challenged the finding of infringement and the direction to deposit Rs. 50 lakhs as security.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
Rexcin Pharmaceuticals filed a suit seeking permanent injunction against Rekin Pharma regarding trademark infringement, passing off, and domain name misuse. The core dispute revolved around the similarity between 'REXCIN' (Petitioner) and 'REKIN-SP' (Respondent), particularly concerning pharmaceutical goods in Class 5. The court dismissed the interim injunction application, finding that the Petitioner failed to establish continuous use of REXCIN as a source identifier for Class 5 products.
Merck Sharp & Dohme Corp. v.Ranvir Kumar Bindeshwari Singh
Merck Sharp & Dohme Corp. filed a suit seeking permanent injunction and damages against Ranvir Kumar Bindeshwari Singh for infringing Patent No. 209816, which covers SITAGLIPTIN. The court ultimately decreed the suit in favor of the plaintiffs, awarding substantial compensatory, exemplary, and costs damages.
Jesal Vimal Jetha v.Controller General Of Patents, Designs and Trade Marks
The appeal challenged the Controller's refusal of a patent application for a customizable comforter system, citing failure to meet objections under Section 2(1)(ja). The appellant argued that the decision was mechanical and violated natural justice due to procedural irregularities in handling prior art documents. The High Court set aside the order and remanded the matter for fresh consideration.
Karan Rathore v.Registrar Of Trade Marks & Anr.
Karan Rathore appealed a decision by the Registrar of Trade Marks that dismissed his opposition against the registration of the mark 'JBR'. The dispute centered on whether 'JBR' was likely to cause confusion with Karan Rathore's pre-existing device mark used for motor parts and automotive accessories. The court allowed the appeal, finding that both marks were identical and the goods were similar enough to warrant refusal.
Hirotsu Bio Science Inc v.Assistant Controller Of Patents And Designs
Hirotsu Bio Science Inc appealed the rejection of its patent application for a cancer detection method using nematode olfaction. The Appellant argued that the invention was merely a detection method (in vitro) and not a diagnosis, despite descriptive language in the specification. However, the High Court upheld the original order, finding that the claimed method functioned as a diagnostic method under Section 3(i) of the Act.
Vishal Choudhary v.SNPC Machines Private Limited
Vishal Choudhary appealed an order that restrained him from manufacturing and selling subject brick-making machines, which were patented by SNPC Machines Pvt. Ltd. The appeal primarily raised issues of territorial jurisdiction and the merits of patent infringement. The court dismissed the appeal, upholding the injunction in favor of the plaintiff (SNPC).
Zydus Lifesciences Limited v.E. R. Squibb And Sons, Llc
Zydus Lifesciences appealed an injunction restraining it from selling its anti-cancer drug ZRC 3276, which was allegedly infringing E. R. Squibb's patent (5C4). The court considered the conflict between protecting IP rights and ensuring access to life-saving medication. Ultimately, the court modified the order by vacating the injunction but requiring Zydus to file audited accounts of sales until the patent expires.
Kapil Goyal v.The Registrar Of Trade Marks
Kapil Goyal appealed the refusal by The Registrar of Trade Marks to register the mark 'DOUBLE-CHOICE' under Section 91 of the Trade Marks Act, 1999. The initial rejection was based on the mark being non-distinctive and descriptive. The High Court allowed the appeal, finding that the reasoning for deeming the mark descriptive was unfounded, especially since the application was filed on a proposed-to-be-used basis.
Steigerwald Arzneimittlewerk Gmbh v.Assistant Controller Of Patents And Designs
The Appellant challenged the Assistant Controller's refusal to grant a patent application (No. 1285/DEL/2009) on grounds of lack of novelty and inventive step. The invention relates to a method for producing a plant-based medicament, Iberogast, which requires a specific mixing sequence for stable quality. The High Court found infirmities in the Controller's order regarding the reasoning under Sections 3(d) and 3(e), setting aside the Impugned Order and remanding the matter.
Mankind Pharma Limited v.Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its subject trade mark, 'PETKIND', citing similarity to a prior application. The Appellant argued that their extensive use and established goodwill with marks containing 'KIND' should qualify them for higher protection. The High Court allowed the appeal, setting aside the rejection order.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors.
The suit was filed seeking permanent injunction against Defendants for infringing the registered Trade Mark 'POSTMAN', used for refined groundnut oil. The Plaintiffs contended that despite a temporary discontinuation, they had not abandoned the mark and it held substantial goodwill. While some issues were decided in favor of the Plaintiffs (including granting an injunction), the court recalled its previous pronouncement and directed the suit to remain pending for further determination on damages.
Maj (Retd.) Sukesh Behl Proprietor, M/S Pearl Engineering Company & Anr. v.Koninklijke Philips Nv
The appeals challenged the Single Judge's decree awarding substantial damages against the appellants (Maj Retd. Sukesh Behl & Anr.) for infringing Patent IN 2182555 held by Koninklijke Philips Nv. The court adjudicated applications seeking stay of execution of this judgment and decree.
Automat Irrigation Pvt. Ltd. v.Aquestia Limited
Automat Irrigation Pvt. Ltd. appealed a Single Judge's decision which held that its product, Hydromat Valve (an FCV), infringed Patent IN 4270503 of Aquestia Limited. The appellate court found errors of principle in the lower judgment regarding claim interpretation and fundamental differences in technology between the two valves.
Mr. Sumit Vijay & Anr. v.Major League Baseball Properties Inc. & Anr.
The appeal challenged a Single Judge's order that struck off the registered BLUE-JAY trade mark under Section 57(2) of the Trade Marks Act, 1999. The court examined whether the removal was justified based on grounds like bad faith and prior user status.
Dindayal Industries Ltd. v.Dindayal Ayurved Bhawan.
Dindayal Industries Ltd. appealed against an order that dismissed its application for interim injunction, alleging that the respondents were infringing on its trademarks and engaging in passing off. The appellant claimed to be a long-standing user of the 'DINDAYAL' mark since 1927, possessing substantial goodwill and numerous registered trademarks. The court found that the plaintiff had established a prima facie case of infringement and passing off, concluding that refusing interim relief would cause irreparable injury to its reputation.
Castrol Limited v.Vivek Pratap Singh
The Delhi High Court allowed Castrol Limited's appeal, recognizing that the respondent was engaged in blatant counterfeiting of its motor oil brand. The court emphasized the severe public safety risk associated with substandard counterfeit engine oils. Consequently, the court directed the appointment of a Local Commissioner to inventory and take custody of the infringing products, granting immediate relief to protect the appellant's market and consumers.
Novo Nordisk As v.Dr. Reddys Laboratories Limited & Anr.
Novo Nordisk filed a suit alleging infringement of its patent (IN'697) covering Semaglutide, a GLP-1 analogue used for diabetes and obesity. The Plaintiff sought an interim injunction to restrain the Defendants from importing or dealing in the compound. The Court ultimately dismissed the application, finding that the Plaintiff failed to establish a prima facie case for the grant of relief.
Ganraj Enterprises v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order allowing the Respondent No. 1 to file several additional documents in the ongoing trademark litigation. The application sought modification of a prior order, primarily to bring on record evidence concerning the change of ownership of trademarks and detailed arguments regarding the alleged deceptive similarity between the parties' marks. This procedural step allows the court to consider complex issues related to assignment dates and examination objections.
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