Remanded Decisions
53 cases | Page 2 of 2
Best Agrolife Limited v.Deputy Controller Of Patents & Anr.
The petitioner challenged the Deputy Controller's decision granting Patent No. IN 394568, arguing that the grant was flawed because the pre-grant opposition raised on grounds like lack of novelty and non-patentability under Section 3(d) was ignored. The court found that the impugned order was non-speaking, failed to address key objections, and did not consider expert affidavits. Consequently, the matter was remanded for a fresh, reasoned decision.
Sun Pharmaceutical Industries Ltd v.Union of India
The petitioner filed writ petitions seeking directions to the respondents (Controller/UOI) to expedite the hearing and adjudication of a post-grant opposition against Patent No. IN 257402. The petitioner also challenged the validity of the Opposition Board's recommendation, alleging procedural flaws. The Court directed the Competent Authority to decide the pending representation and scheduled the patent proceedings.
Sun Pharmaceutical Industries Ltd v.Union Of India & Ors.
The petitions were filed seeking directions to expedite the hearing and adjudication of a post-grant opposition against Patent No. IN 257402, which was facing significant delays by the Respondents (Controller/UOI). The Petitioner also challenged the validity of the Opposition Board's constitution and recommendation.
Jitendra Kohli v.The Controller Of Patents
Jitendra Kohli appealed the rejection of his patent application concerning an electronic tendering system. The Assistant Controller rejected the application under Section 3(k) for being a business method, based on the original process claims. The High Court found that the Assistant Controller erred by not considering the later-filed amended 'system and process claims', leading to the setting aside of the impugned order.
Agriboard International Llc v.Deputy Controller Of Patents And Designs
Agriboard International LLC appealed the Deputy Controller's order refusing its patent application for 'Efficient Method and Apparatus for Producing Compressed Structural Fiberboard' on grounds of lack of inventive step. The petitioner argued that the refusal was cryptic and lacked proper reasoning regarding the differences between the subject invention and the cited prior art (D1).
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd. & Ors.
The appeal challenged a single judge's judgment that invalidated the Appellant's patent IN240893 under Sections 64(1)(h) and (k) of the Patents Act, 1970. The High Court held that since no issues were framed regarding these specific grounds for revocation, the learned Single Judge could not have entertained them.
Astrazeneca Pharma India Limited v.The National Pharmaceutical Pricing Authority & Ors.
Astrazeneca challenged several orders and notifications issued by NPPA regarding overcharging on its drug, OSIMERTINIB (TAGRISSO). The petitioner argued that the drug is patented and qualifies for a five-year exemption from price controls under DPCO, 2013. The Court directed NPPA to reconsider the matter afresh after taking into account the data supplied by the petitioner.
Fmc Corporation & Anr. v.Natco Pharma Limited
The plaintiffs filed a commercial suit alleging infringement by Natco Pharma Limited of their Indian Patents IN 201307 and IN 213332, covering the molecule Chlorantraniliprole (CTPR). The defendant challenged the plaint through various applications. This order addressed these interim applications.
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.
Mylan Laboratories Limited v.Union Of India & Ors.
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.
The Regents Of The University Of California v.Union Of India & Ors.
The petitioner challenged the Assistant Controller's decision to reject its patent application for 'Enzalutamide', citing lack of inventive steps. The petitioner further argued that the rejection was vitiated because the Controller failed to address or refer to crucial expert affidavits and scientific documents presented during the proceedings.
Unilin Beheer B.V. v.Balaji Action Buildwell
The dispute involved a suit for patent infringement filed by Unilin Beheer B.V. against Balaji Action Buildwell. The defendant sought a stay of proceedings, arguing that they had initiated revocation proceedings before the IPAB under Section 64 of the Patents Act, 1970. The court addressed the issue of concurrent jurisdiction and granted liberty to the defendant to withdraw the IPAB proceedings and file a Counter-Claim in the suit.
Sinopharm Weiqida Pharmaceutical Co v.Dsm Sinochem Pharmaceuticals India Pvt Ltd
The appeal challenged a decree of permanent injunction granted in favor of Sinopharm Weiqida Pharmaceutical Co. The core dispute involved alleged infringement of Patent No. 247301 concerning the 'Process for Preparing Amoxicilin Trihydrate'. The court set aside the previous order, recognizing that questions regarding territorial jurisdiction and the scope of the injunction against foreign manufacturing needed further examination.
The Chancellor, Masters & Scholars Of University of Oxford v.Rameshwari Photocopy Services
The dispute concerned Rameshwari Photocopy Services copying and binding pages from copyrighted academic publications (Oxford/Cambridge University Press) for students at Delhi School of Economics. The High Court set aside the previous judgment, finding that triable issues of fact existed regarding the scope of permitted photocopying.
Bayer Corporation v.Union Of India And Others
Bayer Corporation appealed an order allowing Nacto Pharma Ltd. (NPL), a compulsory licensee, to export its product 'Sorafenat' outside India for clinical trials. Bayer alleged this violated the terms of the compulsory license granted under Section 84 of the Patents Act, 1970. The court directed that instead of deciding the appeal on merits, the underlying writ petition be disposed of expeditiously by impleading relevant regulatory authorities.
Gilead Pharmasset, Llc v.Union Of India & Anr
Gilead Pharmasset challenged an order passed by the Patent Office, arguing that it violated natural justice because the decision considered grounds and material from pre-grant oppositions (filed under Section 25) without giving the petitioner a hearing. The court found that the availability of this opposition material created a potential for bias, leading to the setting aside of the impugned order.
National Research Development Corporation v.M/S Industrial Carbon And Ors.
The dispute arose from a license granted by NRDC (a public sector enterprise) to M/S Industrial Carbon for manufacturing SIG contacts. The parties contested an arbitration award dated 28.05.2009 regarding royalty payments and damages. The Delhi High Court partially sustained the award, while setting aside the portion that denied NRDC's claim for royalty during the initial production period, remitting those claims back to the arbitrator.
M/S Micolube India Limited v.Rakesh Kumar Trading As Saurabh Industries & Ors
M/S Micolube India Limited filed a suit against Rakesh Kumar Trading As Saurabh Industries for infringement of its registered container design. The dispute centered on the similarity of the designs, with both parties holding registrations from the same office. The defendants challenged the validity and scope of the plaintiff's rights, raising complex legal questions regarding concurrent registration and the applicability of passing off alongside statutory design law. Given the judicial inconsistency in existing precedents, the court decided to refer these fundamental issues to a larger bench for an authoritative ruling.
Reckitt Benckiser (India) Ltd. v.Wyeth Limited
The appeal challenged the Single Judge's order which vacated the interim injunction granted to Reckitt Benckiser, allowing Wyeth Limited to proceed despite allegations of infringement of a registered S-shaped spatula design. The core dispute revolved around whether prior registration and publication of the design in foreign countries (UK, USA, Australia) could serve as a valid defense against the infringement claim under Indian law.
Glaverbel S.A. v.Dave Rose & Ors.
Glaverbel S.A. filed an application seeking an ad-interim injunction against Dave Rose & Ors., alleging that the defendants were manufacturing and selling copper-free mirrors infringing Patent No. 190380. The plaintiff claimed ownership of the innovative process and product, which lacked a copper layer.
Span Diagnostic v.Assistant Controller Of Patents And ...
The dispute involved an appeal filed by Span Diagnostic challenging a decision made by the Controller of Patents concerning a patent opposition. The core legal question was whether the appeals were maintainable in the High Court or required transfer to the Appellate Board, given subsequent amendments and notifications.
Metro Plastic Industries (Regd) v.M/S. Galaxy Footwear New Delhi
The Full Bench addressed the legal question of whether a registered design owner can obtain an injunction for infringement when a concurrent application challenging the validity of that registration under Section 51-A is pending. The court reviewed various precedents, noting conflicting views on the matter.
V.K. Industries v.Shri V.H. Mehta, Asst. Registrar Of ...
The appellant challenged the refusal by the Assistant Registrar to register the trade mark 'PLATINUM' for yarns and threads. The refusal was based on the grounds that the word was descriptive of the goods (denoting platinum color) and lacked distinctiveness in the absence of evidence of use. The High Court set aside the order and remanded the matter for fresh consideration.
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