Delhi High Court
1664 cases · page 27 of 56
Showing 781–809Shogun Organics Ltd v.Gaur Hari Guchhait & Ors
The case involves a patent infringement dispute where the Plaintiff was granted a permanent injunction and compensation for loss of profits. The Defendants were directed to render accounts of profits and pay a specified amount to the Plaintiff.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors.
The suit was originally filed by Shogun Organics Ltd seeking permanent injunction against infringement of its process patent (IN236630) related to D-TRANS ALLETHRIN. The current application sought permission to sell existing manufactured stock prior to the final judgment. The court allowed the sale but directed the defendants to pay 5% of the sales value and deposit costs.
Monsanto Holdings Private Limited v.Competition Commission Of India
Monsanto Holdings Private Limited challenged several orders issued by the Competition Commission of India (CCI) concerning allegations of unfair trade practices related to the 'trait fee' charged for using Bt. Cotton technology. The core dispute revolved around the licensing terms and recurring fees imposed by MMBL, a subsidiary in India. The Delhi High Court dismissed the petitions, finding no reason to interfere with the CCI's administrative orders, provided they were not arbitrary or unreasonable.
Pfizer Inc v.Kwality Pharmaceuticals Limited
Pfizer Inc filed a suit against Kwality Pharmaceuticals Limited alleging infringement of two Indian Patents, IN 209251 (Sunitinib) and IN 268331 (Tigecycline composition). The defendants agreed to the permanent injunction and offered compensation. The court decreed the suit in favor of the plaintiffs.
Sungro Seeds Ltd v.Sk Tripathi & Ors
Sungro Seeds Ltd filed a suit alleging that its ex-employees misappropriated confidential information, including parent lines and breeding strategies for its hybrid cauliflower 'Katreena', which was then used by a competitor to market an identical variety named 'Riya'. The core dispute centered on the unauthorized use of trade secrets and unfair competition. However, the Delhi High Court ultimately dismissed the suit, holding that without prior registration under the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act), the plaintiff could not maintain a suit to restrain infringement.
Prof. Dr. Claudio De Simone & Next Gen Pharma India Pvt. Ltd. v.Actial Farmaceutica Srl. (Formerly known as CD Investment Srl.) & Ors.
The plaintiffs, claiming ownership over the 'De Simone Formulation' through patent rights and subsequent Know-How agreements, filed suit against CD Group entities. The core dispute revolved around whether the plaintiff retained proprietary rights (trade secrets) after the initial patent expired in 2015. The court ultimately dismissed the suit, holding that without a valid patent right in India, the plaintiffs lacked a personal cause of action to restrain the defendants from working or selling the formulation.
D & H India Ltd v.Superon Schweisstechnik India Ltd
This appeal before the Delhi High Court concerned a suit filed by Superon Schweisstechnik India Ltd against D & H India Ltd, alleging infringement and passing off related to the trademark 'SUPERON'. The core legal dispute revolved around whether the respondent could amend its plaint to establish prior user rights for 'SUPERON' since 1994. The court ultimately upheld the Single Judge's decision, finding that allowing the amendment would not prejudice the appellant, who had ample opportunity to contest the claim.
Bharat Bhogilal Patel v.Nokia Corporations & Ors
The appellant filed a Regular First Appeal against a judgment decreeing the suit instituted by the respondent/plaintiff. The original suit declared that the processes and machinery used by the plaintiff did not infringe the appellant's patents (189027 and 188787) and granted permanent injunction restraining the appellant from threatening infringement proceedings. The appeal was dismissed primarily due to the failure of the appellant to prove sufficient cause for condoning the inordinate delay.
Astrazeneca Ab & Anr. v.Jigs Chemicals Limited
Astrazeneca sued Jigs Chemicals Limited for infringing its patents covering the anti-platelet drug TICAGRELOR. The plaintiffs claimed that the defendant was commercially advertising and offering to sell API TICAGRELOR. Based on the defendant's admission regarding the exclusive rights under Section 48 of the Patents Act, the court granted summary judgment in favor of Astrazeneca.
Genentech Inc And Others v.Drugs Controller General Of India And Others
This case involves an application by Defendant No. 3 seeking to restrict the participation of the plaintiffs' internal expert, Dr. Samir Sagitrao, in the inspection of confidential clinical and pre-clinical test data related to a biosimilar drug. The court ultimately dismissed the applicant's request, emphasizing that defendants have a right to defend the suit without being deprived of opportunity due to non-disclosure.
Radico Khaitan Limited v.Union Of India & Anr
This Delhi High Court judgment addresses a dispute over the exclusive use of the geographical name 'GOA' in relation to gin. Following a partial rectification by the Intellectual Property Appellate Board (IPAB), which limited exclusivity only to the label mark, Radico Khaitan Limited challenged this decision. The court issued an interim order staying the IPAB's judgment, clarifying that the partial rectification does not grant public domain status to the word 'GOA,' thereby protecting the petitioner's statutory rights against third-party misuse.
Lupin Ltd. v.Union Of India And Ors.
Lupin Ltd. challenged the NPPA's stance that it should have sought prior permission before launching an FDC drug (Empagliflozin and Metformin Hydrochloride), relying on a product patent exemption under Para 32(i) of DPCO, 2013. The court recognized the legal ambiguity regarding whether prior approval or mere intimation is required to avail this exemption.
Sporta Technologies Pvt. Ltd. v.Edream 11 Skill Power Private Limited
The Delhi High Court ruled in favor of Sporta Technologies Pvt. Ltd., finding that Edream 11 Skill Power Private Limited infringed upon its registered trademarks and committed passing off. The court determined that the defendant's use of 'EDREAM 11' was deceptively similar to the plaintiff's established mark, 'DREAM 11', especially given that both platforms offered identical paid fantasy sports services online. Consequently, the court granted a permanent injunction restraining the defendant from using the infringing mark.
Cde Asia Limited v.Jaideep Shekhar & Anr.
Cde Asia Limited filed a suit seeking permanent injunction against Jaideep Shekhar and others for infringing its patent (No. 307249) and registered design (No. 262629) related to material classification systems used in mining and sand aggregate production. The defendant challenged the plaint, arguing that the suit was premature as it was filed before the one-year period required for post-grant opposition under Section 25(2) of the Patents Act had lapsed. Additionally, the defense contested the court's territorial jurisdiction. The High Court dismissed the application challenging the plaint, allowing the infringement suit to proceed.
Roche Products (India) Private Limited v.Cadila Healthcare Limited
The plaintiffs, including Roche Products and F. Hoffmann-La Roche, challenged the validity of drug approvals granted by the DCGI and DoB to Cadila Healthcare Ltd. for its biosimilar product 'Trastuzumab'. The core legal issue was whether the suit was maintainable given the regulatory framework, specifically concerning appeal provisions under the Drugs Rules.
Central Park Estates Pvt. Ltd. v.Provident Housing Limited
The Delhi High Court dismissed the defendant's application seeking a three-month adjournment under Section 124 of the Trade Marks Act. The court emphasized that for this provision to apply, the defendant must explicitly plead in their formal pleadings that the plaintiff's trade mark is invalid. Despite the defendant raising indirect challenges to validity in other documents, the court held that the absence of a direct plea meant the statutory requirements were not met, thus denying the request for time to file a rectification petition.
S K Cosmetics v.The Controller General Of Patents, Designs and Trade Marks
The Delhi High Court addressed a challenge filed by S K Cosmetics against the Trademark Registry's changes in online records. The core issue was whether filing Forms TM-33 or TM-34 could unilaterally change the ownership of a registered trademark. The court clarified that these forms are strictly for changing descriptions or addresses, not for transferring proprietary rights. Any change in ownership must be processed through the appropriate assignment form (TM-P), ensuring due process and allowing interested parties to object.
M/S Hi-Tech Products Private Limited v.Union Of India And Ors.
The Delhi High Court set aside an erroneous order passed by the Trademark Registry that had treated trademark assignment applications as disposed of due to alleged non-response. The Petitioner successfully demonstrated, using online registry records, that their replies were indeed filed and uploaded within the stipulated time. The court emphasized the need for the Examiner to properly check digital records before making administrative decisions, directing the Registry to process the assignments afresh.
Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Bdr Pharmaceuticals International Pvt. Ltd. & Anr.
The plaintiffs, owners of Patent IN-381 covering the molecule APIXABAN (Eliquis®), filed a suit against Bdr Pharmaceuticals for allegedly manufacturing and intending to supply generic versions of this patented drug. The court considered arguments regarding infringement and the validity of the patent based on prior art documents submitted by the defendant.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Natco Pharma
Plaintiffs filed a suit seeking permanent injunction against Natco Pharma for infringing Indian Patent No.IN247381 (APIXABAN). The defendant sought a stay under Section 10 CPC, citing a previously instituted suit in the City Civil Court at Hyderabad concerning patent validity and infringement. The High Court dismissed the stay application.
Astrazeneca Ab v.Emcure Pharmaceuticals Limited
Astrazeneca sued Emcure Pharmaceuticals Limited and MSN Laboratories Limited for infringing their patents related to the pharmaceutical compound TICAGRELOR, marketed as BRILINTA. The plaintiffs sought an interim injunction against the defendants' generic versions (TICAPLAT and TIARE).
Sun Pharma Laboratories Ltd v.Intas Pharmaceuticals Ltd
The Delhi High Court dismissed Sun Pharma's appeal against a lower court order that denied an interim injunction. Sun Pharma sought protection for its registered trademark 'BEVETEX' against Intas Pharmaceuticals' use of 'BEVATAS,' alleging infringement and passing off in the pharmaceutical sector. The court found no prima facie case for infringement, noting that while both drugs are cancer treatments, their trade dress and administration methods were not remotely similar. Consequently, the appeal was dismissed.
Ferid Allani v.Union Of India & Ors
The petitioner challenged the rejection of his patent application (IN/PCT/2002/00705/DEL), which covered a method and device for accessing web information. The Patent Office rejected it under Section 3(k) as a non-patentable computer program per se, and the IPAB dismissed the appeal citing lack of technical effect. The High Court allowed the petition and directed re-examination.
Dubai Islamic Bank v.Union Of India & Ors.
The Delhi High Court overturned the refusal of trademark registration for 'Dubai Islamic Bank - The Better Way To Bank'. The court found that the Senior Examiner had incorrectly applied a foreign judgment, failing to consider the composite nature of the mark (including the slogan) and established Indian legal principles. Consequently, the matter was remanded back to the Registrar of Trade Marks for fresh consideration, ensuring the Petitioner's arguments regarding existing registrations and global use are properly evaluated.
M/S Laxmi Agro Impex India v.M/S Ladli India Commodities
The Delhi High Court admitted an appeal challenging a lower court's decision regarding trademark infringement. The core issue was that the Single Judge incorrectly compared the plaintiff's mark ('A') with a new defendant mark ('C'), instead of comparing it with the original relevant mark ('B'). Recognizing this procedural error, the Chief Justice granted a stay on the challenged order, preserving the status quo until the appeal is finally disposed of.
Pharmacyclics Llc v.Union Of India And Ors.
This petition challenged the Controller's decision allowing an opponent to file additional evidence during a pending post-grant opposition. The petitioner argued that such late filings violated procedural timelines and prejudiced their case. While acknowledging the need for timely disposal of oppositions, the Court ultimately held that since the petitioner had already responded to the new evidence, it was appropriate for the Controller to consider all pleadings and documents when rendering the final decision.
M/S Parle Products Pvt Ltd & Anr. v.M/S B&B Bake Pvt Ltd
The Delhi High Court overturned an injunction restraining the appellant from using 'AMERICANA' for butter cookies. The court held that since 'AMERICANA' is a common dictionary word, its legal protectability is lesser, especially when it is not registered exclusively by the plaintiff. Furthermore, the court found no prima facie case of passing off because the products (cookies vs. burger buns) had distinct looks and packaging, making consumer confusion unlikely. The matter was remanded for further proceedings.
Merck Sharp & Dohme Corp v.Sanjeev Gupta
The plaintiffs alleged that the defendants were infringing their Indian Patent No. 209816 for the drug Sitagliptin by manufacturing and selling a product named 'Swizglipt' containing Sitagliptin Phosphate Monohydrate (SPM). The dispute centered on whether manufacture solely for export fell under patent infringement, and the court ultimately confirmed the injunction in favor of the plaintiffs.
Arun Chopra v.Kaka-Ka Dhaba Pvt Ltd & Ors
The Delhi High Court modified an existing interim injunction in the trademark infringement suit filed by Arun Chopra against Kaka-Ka Dhaba Pvt Ltd. While acknowledging the Plaintiff's prior use and reputation in Delhi, the court balanced this against the Defendants' established presence in Nashik. The final order permits the Defendants to continue operating their existing outlets under certain names but strictly prohibits them from opening new branches or using the name 'Kaka-Ka Hotel', ensuring a status quo while the main suit proceeds.
Communication Components Antenna Inc. v.Ace Technologies Corp. And Ors.
The case involves a patent infringement dispute where the plaintiff alleges that the defendants infringed their patent. The court issued an injunction and required the defendants to deposit a percentage of sales during the pendency of the suit.
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