1822 cases · page 9 of 61

patent plaintiff favorable · Oct 24, 2024

Promoshirt Sm. Pvt. Ltd. v.The Registrar Of Trade Marks

Delhi High Court · W.P.(C)-IPD 29/2024

The Delhi High Court ruled in favor of Promoshirt Sm. Pvt. Ltd., directing the Registrar of Trade Marks to restore and renew a trademark registration (No. 1150198). The petitioner argued that the delay in issuing the certificate, coupled with failure to serve mandatory renewal notices (O-3 Notice), prevented them from renewing their mark despite its initial validity period expiring. Citing precedent, the Court held that the proprietor should not be penalized for administrative lapses by the Registry, mandating the restoration and subsequent renewal of the trademark.

patent plaintiff favorable · Oct 14, 2024

Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.

Delhi High Court · CS(COMM) 692/2021 & CS(COMM) 707/2021

Samsung Electronics Co. Ltd. filed applications seeking intervention to prevent the disclosure of a Patent License Agreement (PLA) dated 1st June, 2014, between Samsung and InterDigital Group Companies. The dispute centered on whether the PLA could be shared with defendants' in-house representatives within a confidentiality club established by the court. The Court ultimately directed that the PLA must be shown to the defendants' representatives, subject to specific restrictions.

patent In favor of Plaintiff · Oct 14, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile

Delhi High Court · CS(COMM) 692/2021; CS(COMM) 707/2021; I.A. 21997/2022; I.A. 41356/2024; I.A. 41357/2024; I.A. 41358/2024; I.A. 41359/2024

The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.

patent In favor of Plaintiff · Oct 14, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile

Delhi High Court · CS(COMM) 692/2021; CS(COMM) 707/2021; I.A. 21997/2022; I.A. 41356/2024; I.A. 41357/2024; I.A. 41358/2024; I.A. 41359/2024

The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.

patent In favor of Plaintiff · Oct 14, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile

Delhi High Court · CS(COMM) 692/2021; CS(COMM) 707/2021; I.A. 21997/2022; I.A. 41356/2024; I.A. 41357/2024; I.A. 41358/2024; I.A. 41359/2024

The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.

patent plaintiff favorable · Oct 14, 2024

Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.

Delhi High Court · CS(COMM) 692/2021 & CS(COMM) 707/2021

Samsung Electronics filed applications seeking intervention to prevent the disclosure of its Patent License Agreement (PLA) dated 1st June, 2014, between Samsung and InterDigital Group Companies. The dispute centered on whether the PLA could be shared with defendants' in-house representatives within a confidentiality club established by the court. The Court ultimately directed that the PLA must be shown to the defendants' representatives, subject to specific restrictions.

patent In favor of Plaintiff · Oct 14, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile

Delhi High Court · CS(COMM) 692/2021; CS(COMM) 707/2021; I.A. 21997/2022; I.A. 41356/2024; I.A. 41357/2024; I.A. 41358/2024; I.A. 41359/2024

The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.

patent defendant favorable · Oct 9, 2024

F- Hoffmann -La Roche Ag & Anr. v.Zydus Lifesciences Limited

Delhi High Court · CS(COMM) 159/2024

The plaintiffs filed an application seeking permanent injunctions and recall orders against the defendant regarding the sale of 'Sigrima', a biosimilar of Pertuzumab, infringing patents IN 268632 and IN 464646. The court dismissed the application, finding that the plaintiffs failed to establish a prima facie case or demonstrate irreparable loss.

patent plaintiff favorable · Oct 4, 2024

Ube Industries Limited & Anr. v.S. Vijaya Bhaskar & Ors.

Delhi High Court · CS(COMM) 807/2017, I.A. 5353/2018 & I.A. 11341/2018

The Delhi High Court ruled in favor of Ube Industries Limited, granting a permanent injunction against S. Vijaya Bhaskar & Ors. for trademark infringement and passing off related to the 'UBE' mark. The plaintiffs successfully demonstrated their long-standing use and registration of the distinctive trademark across various industries, despite the defendants claiming prior usage. This judgment reinforces the importance of established goodwill and registered rights in preventing unauthorized commercial exploitation.

patent plaintiff favorable · Oct 3, 2024

Thijs, Roeland Michel Mathieu v.Assistant Controller Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 70/2024

The appeal challenged the refusal by the Assistant Controller to restore Patent No. 408932, which had been ceased due to non-payment of renewal fees. The appellant argued that the failure was caused because the patent grant notification was sent to an erroneous email address instead of the registered service address. The court allowed the appeal, finding that the cessation was not the fault of the appellant.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union of India & Anr.

Delhi High Court · W.P.(C) 5315/2020 & CM APPL. 19189/2020, 4237/2023, 56264/2024

The matter concerns the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to present a general, bulk procurement process and disclose all its relevant patents and patent applications in India.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · W.P.(C) 5315/2020

The petition addressed the extremely cumbersome and long-drawn process for procuring rare disease medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD patients.

patent pending · Sep 27, 2024

Master Drashtant Jhala Through His Next Friend and Natural Father Sh. Jaydeep Singh Jhala v.Union of India & Anr.

Delhi High Court · W.P.(C) 5315/2020 & CM APPL. 19189/2020, 4237/2023, 56264/2024

The petition addresses the extremely cumbersome and long-drawn process for procuring rare disease medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to DMD patients.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India And Ors.

Delhi High Court · W.P.(C) 5315/2020 & CM APPL. 19189/2020, 4237/2023, 56264/2024

The petition concerns the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record its general bulk procurement process and provide details of all granted patents and patent applications in India related to these medicines.

patent pending · Sep 27, 2024

Lakshay Agarwal v.Union Of India & Anr.

Delhi High Court · W.P.(C) 5315/2020 & connected matters

The petitioner raised concerns regarding the extremely cumbersome and long-drawn process for procuring specialized medicines on a patient-to-patient basis. The court directed M/s. Sarepta Therapeutics to place on record the general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD medicines.

patent pending · Sep 27, 2024

Master Arnesh Shaw Through His Next Friend And ... v.Union Of India & Anr.

Delhi High Court · W.P.(C) 5315/2020 & CM APPL. 19189/2020, 4237/2023, 56264/2024

The petition addressed the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta to document a bulk procurement process and provide details of all its relevant Indian patents and patent applications.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · W.P.(C) 5315/2020 & CM APPL. 19189/2020, 4237/2023, 56264/2024

The petition addressed the extremely cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to these medicines.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · W.P.(C) 5315/2020

The petition addressed the extremely cumbersome and long-drawn process for procuring specialized medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to DMD patients.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · W.P.(C) 5315/2020 & CM APPL. 19189/2020, 4237/2023, 56264/2024

The court heard matters concerning the procurement process for medicines used for DMD patients, noting that the current patient-by-patient system is cumbersome and unrealistic. The court directed M/s. Sarepta Therapeutics to present a general bulk procurement process and disclose its relevant patent portfolio in India.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · W.P.(C) 5315/2020 & CM APPL. 19189/2020, 4237/2023, 56264/2024

The court heard multiple connected matters concerning the procurement of rare disease medicines, specifically those used for DMD patients. The petitioner argued that the current patient-to-patient process is extremely cumbersome and inefficient. Consequently, the court directed M/s. Sarepta Therapeutics to present a bulk procurement process and disclose its relevant patent information.

trademark plaintiff favorable · Sep 26, 2024

Bry-Air (Asia) Pvt. Ltd. v.Union Of India, Through Its Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry & Anr.

Delhi High Court · W.P.(C)-IPD 17/2024

Bry-Air (Asia) Pvt. Ltd. challenged the status update issued by the Union of India, which deemed its patent application withdrawn under Section 11B(4) due to non-filing of a request for examination. The petitioner argued that this failure was solely attributable to the negligence of their erstwhile Patent Agent and not due to any fault or lack of intent on their part. Citing previous judgments where courts extended time in such circumstances, the Delhi High Court allowed the petition. Consequently, the court quashed the deemed withdrawal status and directed the Indian Patent Office to restore the application and allow the petitioner a chance to proceed with examination.

patent plaintiff favorable · Sep 20, 2024

Biotyx Medical (Shenzhen) Co. Ltd v.The Assistant Controller Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 403/2022

Biotyx Medical challenged the refusal of its patent application for an absorbable iron-based alloy implantable medical device. The Controller had rejected the application citing lack of novelty and inventive step under the Patent Act, 1970. The Delhi High Court found that the impugned order lacked sufficient scientific reasoning and proper methodology in adjudicating the invention's merits. Consequently, the court set aside the rejection order and remanded the application back to the Controller for a detailed assessment of the inventive step.

patent settled · Sep 19, 2024

Jumeirah Beach Resort Llc v.Designarch Consultants Private Ltd

Delhi High Court · FAO(OS)(COMM) 144/2021 & CM APPL. 40965/2021 (and related appeals)

This Delhi High Court judgment resolves a complex trademark dispute between Jumeirah Beach Resort LLC and Designarch Consultants Private Ltd through a comprehensive settlement. The parties mutually agreed to acknowledge each other's core trademarks, such as 'BURJ AL ARAB' and 'BURJNOIDA'. Crucially, the agreement mandates the withdrawal of numerous pending cancellation petitions and oppositions filed by both sides, effectively clearing the path for continued use while establishing clear boundaries on brand usage.

patent plaintiff favorable · Sep 19, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile Telecommunications Corp. Ltd.

Delhi High Court · CS(COMM) 692/2021 & CS(COMM) 707/2021

The application sought clarification on the extent to which Interdigital's Patent Licensing Agreements (PLAs) should be disclosed to the in-house employees of Guangdong Oppo Mobile, who are part of the Confidentiality Club. The court ruled that both parties must follow a consistent disclosure model, directing that all seven PLAs held by the plaintiffs and the full Qualcomm agreement held by the defendants must be shown to all members of the Confidentiality Club.

patent settled · Sep 19, 2024

Designarch Consultants Pvt Ltd And Anr v.Jumeirah Beach Resort Llc

Delhi High Court · FAO(OS)(COMM) 144/2021 & CM APPL. 40965/2021 (and related appeals)

The Delhi High Court disposed of cross-appeals between Designarch Consultants and Jumeirah Beach Resort LLC based on a comprehensive settlement agreement reached by both parties. The settlement mandates that Designarch must cease using certain 'BURJ' formative marks (other than BURJNOIDA) and refrain from designing buildings resembling Jumeirah’s pictorial references. In return, Jumeirah agrees to withdraw several cancellation petitions filed against Designarch's trademarks, while Designarch acknowledges Jumeirah's ownership of its key brands.

patent plaintiff favorable · Sep 19, 2024

Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.

Delhi High Court · CS(COMM) 692/2021 & CC 9/2022 (and CS(COMM) 707/2021 & CC (COMM) 23/2022)

The application sought clarification on the extent to which Interdigital's Patent Licensing Agreements (PLAs) should be disclosed to the in-house employees of Guangdong Oppo Mobile, who are part of a Confidentiality Club. The court ruled that both parties must follow a reciprocal disclosure model, requiring full access to PLAs for all members of the Confidentiality Club.

patent mixed · Sep 18, 2024

Modern Mold Plast Pvt. Ltd. v.Flipkart Internet Pt. Ltd.

Delhi High Court · CS(COMM) 803/2024

This Delhi High Court judgment addressed a suit filed by Modern Mold Plast Pvt. Ltd. against Flipkart Internet Pt. Ltd., alleging trademark infringement, passing off, and copyright violation related to their 'MAHARAJA' brand. The core issue was unauthorized sellers latching onto the plaintiffs' product listings on the e-commerce platform, using the plaintiff's trademark in invoices. While the suit was ultimately disposed of without a final judgment on damages, the Court issued critical mandatory directions compelling Flipkart to actively prevent this practice and immediately disable the 'latching-on' feature upon notification from the plaintiffs.

trademark plaintiff favorable · Sep 17, 2024

Koteshwar Chemfood Industries Pvt. Ltd. v.Sachdeva And Sons Industres Pvt. Ltd.

Delhi High Court · C.O. (COMM.IPD-TM) 375/2021

The Delhi High Court granted rectification in favor of the petitioner, Koteshwar Chemfood Industries Pvt. Ltd., regarding the disputed trademark 'PRIME'. The court found that the respondent's registration for 'PRIME' should be limited to rice and allied goods, specifically deleting salt and spices from its scope. This decision was based on the petitioner's long-standing use of the mark in Class 30 (iodized salt) since 1995, establishing prior goodwill and preventing consumer confusion.

trademark plaintiff favorable · Sep 13, 2024

Mrs Arti Gupta & Anr. v.Puran Rana & Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 89/2024

The Delhi High Court allowed a rectification petition filed by Mrs Arti Gupta against Puran Rana, leading to the cancellation of the trademark 'KONVIO NEER' registered in Class 35. The court found that the petitioner was the prior adopter and user of the mark since 2018, while the respondent obtained registration much later in 2022. Citing provisions of the Trade Marks Act, 1999, the High Court ruled that the subsequent registration by the respondent was not made in good faith and constituted a contravention of statutory rights.

patent mixed · Sep 13, 2024

Axcess Limited v.Controller Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 288/2022

Axcess Limited appealed the Controller's refusal of its Indian Patent Application (No. 2427/DELNP/2011), which covered bile acids and biguanides as protease inhibitors for gut peptides. The Controller had rejected the application under Section 59(1) of the Patent Act, arguing that the amendments exceeded the original scope. However, the Delhi High Court found that a detailed examination of the complete specification supported the amended claims regarding composition as a product. Consequently, the court set aside the rejection and remanded the matter back to the Controller for fresh consideration.

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