1680 cases · page 28 of 56

patent mixed · Feb 24, 2020

Cde Asia Limited v.Jaideep Shekhar & Anr.

Delhi High Court · 95223394

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.

patent pending · Feb 24, 2020

Roche Products (India) Private Limited v.Cadila Healthcare Limited

Delhi High Court · 144798992

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.

patent defendant favorable · Feb 17, 2020

Central Park Estates Pvt. Ltd. v.Provident Housing Limited

Delhi High Court · 155611919

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.

patent dismissed · Feb 11, 2020

S K Cosmetics v.The Controller General Of Patents, Designs and Trade Marks

Delhi High Court · 7018831

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.

patent plaintiff favorable · Feb 10, 2020

M/S Hi-Tech Products Private Limited v.Union Of India And Ors.

Delhi High Court · 153814606

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.

patent interim order · Jan 30, 2020

Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Bdr Pharmaceuticals International Pvt. Ltd. & Anr.

Delhi High Court · 176152364

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.

patent plaintiff favorable · Jan 23, 2020

Bristol Myers Squibb Holdings Ireland Unlimited Company v.Natco Pharma

Delhi High Court · 190315997

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.

patent defendant favorable · Jan 15, 2020

Astrazeneca Ab v.Emcure Pharmaceuticals Limited

Delhi High Court · 162918859

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).

patent defendant favorable · Jan 9, 2020

Sun Pharma Laboratories Ltd v.Intas Pharmaceuticals Ltd

Delhi High Court · 142002927

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.

patent remanded · Dec 12, 2019

Ferid Allani v.Union Of India & Ors

Delhi High Court · 90686424

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.

trademark plaintiff favorable · Dec 4, 2019

Dubai Islamic Bank v.Union Of India & Ors.

Delhi High Court · 15038428

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.

patent mixed · Nov 27, 2019

M/S Laxmi Agro Impex India v.M/S Ladli India Commodities

Delhi High Court · 120133588

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.

patent mixed · Nov 20, 2019

Pharmacyclics Llc v.Union Of India And Ors.

Delhi High Court · 133174530

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.

trademark defendant favorable · Nov 20, 2019

M/S Parle Products Pvt Ltd & Anr. v.M/S B&B Bake Pvt Ltd

Delhi High Court · 58819661

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.

patent plaintiff favorable · Nov 18, 2019

Merck Sharp & Dohme Corp v.Sanjeev Gupta

Delhi High Court · 180335888

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.

patent mixed · Nov 18, 2019

Arun Chopra v.Kaka-Ka Dhaba Pvt Ltd & Ors

Delhi High Court · 138883937

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.

patent In favor of Plaintiff · Oct 31, 2019

Communication Components Antenna Inc. v.Ace Technologies Corp. And Ors.

Delhi High Court · 83669258

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.

trademark plaintiff favorable · Oct 31, 2019

Ifrs Foundation v.Rammohan Bhave & Ors

Delhi High Court · 6089333

The Delhi High Court decreed the suit in favor of IFRS Foundation against Rammohan Bhave & Ors following a comprehensive settlement. The defendants acknowledged the plaintiff's proprietary rights over the 'IFRS' trademark and its copyrighted standards. Key terms included the payment of ₹11 lakhs, the surrender of multiple domain names, the withdrawal of related trademark applications, and an undertaking to cease unauthorized use of the IFRS mark in training materials or goods.

patent mixed · Oct 22, 2019

Asianet Star Communications Pvt Ltd. v.The Registrar Of Trademarks & Anr.

Delhi High Court · 182111792

This Delhi High Court judgment addresses a dispute over the alleged abandonment of a registered trademark due to non-renewal. The petitioner argued that the mandatory O-3 notice for renewal was improperly backdated and uploaded using an outdated form (RG-3), making it invalid. The court recognized serious inconsistencies in the Trademark Registry's process, directing senior officials and the concerned Examiner to appear in court with explanations and documentation regarding the improper uploading of notices. Crucially, the court granted interim relief, ensuring the trademark would not be treated as abandoned pending a full inquiry.

trademark plaintiff favorable · Oct 17, 2019

Dharampal Satyapal Sons Private Limited v.Mr. Akshay Singhal & Ors.

Delhi High Court · 83006137

The Delhi High Court ruled in favor of Dharampal Satyapal Sons Private Limited, declaring its candy brand 'PULSE' a well-known trademark. The court found that the plaintiff had established extensive goodwill and reputation both domestically and internationally through significant promotion and unique trade dress. Consequently, the defendants were restrained from manufacturing or selling similar products under deceptively similar marks like 'PLUSS', protecting the integrity of the PULSE brand.

trademark plaintiff favorable · Oct 16, 2019

Intellectual Property Attorneys Association v.The Controller General Of Patents, Designs & Trade Marks & Anr

Delhi High Court · 140186939

The petitioner challenged the refusal of trade mark registration applications due to non-speaking orders passed by the Registrar of Trade Marks. The court held that Section 18(5) mandates the Registrar to record and communicate the grounds for refusal in writing. Consequently, Rule 36 of the Trade Marks Rules was deemed arbitrary and inconsistent with the statute.

trade-secret dismissed · Oct 14, 2019

Satish Kumar v.Khushboo Singh & Ors.

Delhi High Court · 26833448

Satish Kumar filed a suit against Khushboo Singh and others, alleging the misappropriation of confidential information, trade secrets, and clientage belonging to his company, Plasma Impex Inc. The plaintiff sought permanent injunctions and damages, claiming that the defendants used proprietary data obtained during their employment. However, the court ultimately dismissed the suit as withdrawn by the plaintiff.

patent defendant favorable · Oct 11, 2019

Gaur Hari Guchhait & Ors v.Shogun Organics Ltd

Delhi High Court · 77795834

The appeal was filed by the original defendants against a decree that found them infringing the plaintiff's patent for the process of manufacturing d-trans Allethrin. The appellants argued that the process was already known due to its registration under the Insecticides Act, 1968. The court dismissed the appeal, holding that product registration does not equate to disclosure of the manufacturing process required for patentability.

copyright mixed · Oct 11, 2019

Less Than Equals Three Services Pvt. Ltd. v.Paras Mehra & Ors

Delhi High Court · 6319931

The dispute involves Less Than Equals Three Services Pvt. Ltd., which alleges that its founders and employees established a competing business using the source code and MySQL database of the petitioner's website, quickcompany.in. The core legal challenge raised by the defendants was whether the company could maintain a copyright infringement suit without clearly pleading the identity of the author and an agreement vesting the rights in the company. The court analyzed this issue against previous judgments, ultimately finding that the plaintiff's disclosures were sufficient to overcome the preliminary objection.

patent remanded · Sep 30, 2019

Mylan Laboratories Limited v.Union Of India & Ors.

Delhi High Court · 64814827

Mylan Laboratories Limited challenged the Deputy Controller's order regarding a patent application, arguing that prior arts were not adequately considered. The court examined the matter and held that since there are efficacious alternative statutory remedies (post-grant opposition or revocation), the writ petition would not be entertained.

patent plaintiff favorable · Sep 30, 2019

M/S Psychotropics India Ltd. v.M/S Syncom Healthcare Ltd.

Delhi High Court · 153217104

The Delhi High Court allowed M/S Psychotropics India Ltd. to appoint Local Commissioners in the execution phase of a trademark infringement suit against M/S Syncom Healthcare Ltd. Despite initial rejection by the Trial Court, the High Court emphasized that permanent injunctions related to pharmaceutical products require strict enforcement due to public interest and consumer safety. The appointed commissioners were directed to seize infringing goods bearing the mark CTZ-10 and inspect sales accounts.

patent plaintiff favorable · Sep 26, 2019

Onyx Therapeutics Inc. v.Union Of India & Ors

Delhi High Court · 161145069

Onyx Therapeutics Inc. challenged the Deputy Controller of Patents' orders that restricted its right to cross-examine expert witnesses during a post-grant opposition filed by Fresenius Kabi Oncology Ltd. The core dispute centered on whether the patentee, having filed objections under Rule 58, was entitled to challenge the veracity of the opponent's experts through cross-examination. The Delhi High Court ultimately ruled in favor of Onyx, quashing the restrictive orders and allowing the cross-examination without imposing any condition regarding the filing of evidence by the patentee.

patent plaintiff favorable · Sep 18, 2019

Reliance Life Sciences Private Limited v.M/S Genentech Inc And Ors.

Delhi High Court · 99133603

This case involves a dispute between Reliance Life Sciences (the appellant) and Genentech/Roche (the respondents) concerning the launch of the biosimilar drug TrastuRel. The respondents sought an injunction against TrastuRel, alleging inadequate testing under Indian regulatory guidelines despite the original patent having lapsed. The Delhi High Court ultimately allowed the appeal, granting an interim stay on the restrictive order, thereby allowing Reliance to continue its manufacturing and marketing operations.

trademark defendant favorable · Aug 30, 2019

M/S Ever Bake v.M/S Everbake Bakers Private Ltd.

Delhi High Court · 72525377

The Delhi High Court dismissed M/S Ever Bake's petition challenging the rejection of its application to dismiss a trademark infringement suit. The respondent, M/S Everbake Bakers Private Ltd., had filed a suit claiming violation of their registered 'EVER BAKE' trademark. Although the petitioner argued lack of territorial jurisdiction because they operated in Assam, the Court upheld the trial court's decision. Citing Section 134 of the Trademarks Act and relevant Supreme Court precedents, the High Court found that since the respondent's registered office was in Delhi, the suit was correctly filed within the proper jurisdiction.

patent plaintiff favorable · Aug 29, 2019

Cargill India Pvt Ltd v.Gati Ltd

Delhi High Court · 74405910

The Delhi High Court allowed Cargill India Pvt Ltd's application to frame an issue concerning the validity of Gati Ltd's registered trademark, 'GATI Nature Fresh Apples.' Despite Gati Ltd arguing that Cargill was barred by limitation due to prior knowledge of the registration, the court rejected these objections. The judgment clarified the procedural mechanism under Section 124 of the Trademarks Act, allowing the plaintiff time to pursue rectification proceedings before the IPAB, thereby keeping the core validity question alive in the litigation.

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