Himachal Pradesh High Court
37 cases · page 1 of 2
Showing 1–29M/s. Shilpa Medicare Limited v.M/s. Salus Pharmaceutical & anr.
M/s. Shilpa Medicare Limited filed a commercial appeal against an order, seeking condonation of delay due to initial incorrect nomenclature. The court allowed the delay condonation, noting that procedural rules are handmaids of justice. Subsequently, the court set aside a single judge's order and remanded the matter for consideration on merits, emphasizing continuous infringement.
Boehringer Ingelheim International GmbH & Anr. v.Femilab Healthcare & Anr.
Boehringer Ingelheim filed an application seeking permanent injunction to restrain Femilab Healthcare from infringing Patent No. 268846 related to Empagliflozin and its formulations. The court, relying on Supreme Court precedents (Novartis v. Natco), observed that the patent in issue had already expired. Consequently, the interim protection granted earlier was vacated.
Boehringer Ingelheim International GmbH v.Femilab Healthcare
The applicant sought an interim injunction against the respondents for infringing Patent No. 268846 related to Empagliflozin and its formulations. The court, however, noted that the subject patent had already expired, leading to the vacation of the existing interim protection.
SML Limited v.Mohan & Company &Anr.
The plaintiff, SML Limited, filed a suit seeking permanent prohibitory injunction against Mohan & Company &Anr. for infringing its agricultural composition patent (IN'092). The infringement was alleged through the sale and marketing of products under the brand name 'Aladdin'.
M/S Shilpa Medicare Limited v.M/S. Salus Pharmaceuticals And Another
The defendants filed an application seeking rejection of the plaint on the grounds that the plaintiff had not demonstrated urgency and failed to comply with the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The court found contradictions in the plaintiff's statements regarding when they became aware of the infringement and noted a significant delay between knowledge/patent grant and filing the suit.
Novenco Building & Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The plaintiff filed a civil suit alleging infringement of its patents and design rights concerning axial fans. The defendants moved an application seeking rejection of the plaint on the ground that the suit was barred by law because the plaintiff failed to comply with mandatory Pre-Institution Mediation under the Commercial Courts Act, 2015.
Novenco Building & Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The defendant filed an application seeking the return of the plaint, arguing that no cause of action had accrued in Himachal Pradesh. The plaintiff contended that the defendants were selling infringing fans and conducting business in the state. The court dismissed the application, holding that the defendants' techno-commercial offer made in Baddi demonstrated they were carrying on business within the territorial jurisdiction.
Ulink Agritech Private Ltd. v.Sml Limited & Others
The appellant challenged an ex-parte ad-interim injunction granted by the Single Judge, which restrained them from infringing Patent No. 282092 (covering 'SELZIC'). The core legal issue was whether the Single Judge's order contained adequate reasons as mandated by proviso to Order 39 Rule 3 CPC. The High Court found that the conclusion of a prima facie case was not preceded by any proper reasoning, leading to the setting aside and remittance of the injunction.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim (through its Power of Attorney Holder), filed an application seeking interim relief against Eris Lifesciences Limited. The dispute centers on the alleged infringement of Indian Patent No. 268846 by the defendant's manufacturing and sale of generic versions of Empagliflozin and related formulations, including products sold under the trade mark 'Linares-E'.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, represented by Boehringer Ingelheim International GmbH and its Indian subsidiary, sought an interim injunction against Eris Lifesciences Limited for allegedly infringing their Indian Patent No. 268846 related to Empagliflozin. The court found that the plaintiffs had established a prima facie case and balance of convenience, leading to the grant of temporary relief.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim International GmbH (through its Power of Attorney Holder), filed an application seeking interim relief against Eris Lifesciences Limited for infringing Indian Patent No. 268846. The patent covers pharmaceutical products like Empagliflozin and related formulations. The court found that the plaintiffs had established a prima facie case, leading to the grant of an injunction.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim (through its Power of Attorney Holder), filed an application seeking an interim injunction against Eris Lifesciences Limited. The suit concerns alleged infringement of Indian Patent No. 268846 related to the medicinal product Empagliflozin and its formulations. The court found that the plaintiffs had established a prima facie case and granted the requested restraint.
Boehringer Ingelheim International GmbH v.Nexkem Biotech Pvt. Ltd.
Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial suit seeking protection against the infringement of its patent (IN 282092) by M/S Happy Agro Chemicals & Ors., specifically concerning their product 'SELZIC'. The court, after considering arguments and expert testimony, found that a prima facie case was made out.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial civil suit seeking protection against infringement of its patent (IN282092) by M/S Happy Agro Chemicals & Ors., who market the product 'ZINKING'. The court, after considering submissions and expert reports, found that a prima facie case was made out.
Sml Limited v.Mohan & Company & Another
Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer product named Zeeka Sulf, which infringes upon its Indian Patent No. IN 282092. The plaintiff provided chemical analysis reports and expert opinions confirming that the composition of Zeeka Sulf falls within the scope of the patented claims.
Sml Limited v.Mohan & Company & Another
Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer composition named 'Aladdin' which infringes upon its granted Indian Patent No. IN 282092. Chemical analysis confirmed the defendant's product contained sulphur (67.8%) and zinc oxide (22.7%), falling within the patented range. The court found a prima facie case of infringement.
Janssen Pharmaceuticals Inc And Others v.Clevus Lifesciences and others
The plaintiffs, exclusive licensees of the patent holder for Indian Patent No. 232231, filed a suit alleging infringement by defendant No. 1 and others who were manufacturing and offering Canagliflozin tablets under brand names like Adkana. The court found a prima facie case in favor of the plaintiffs.
Janssen Pharmaceuticals & Others v.MSN Laboratories Pvt. Ltd.
The plaintiffs, patent holders of Indian Patent No. 312847 covering a combination therapy for diabetes (Metformin + Canagliflozin), filed suit against the defendant for infringement. The court found that a prima facie case was made out in favor of the plaintiffs and granted an ad interim injunction restraining the defendant from manufacturing or marketing the infringing product.
Janssen Pharmaceuticals & Others v.MSN Laboratories Pvt. Ltd.
Plaintiffs, exclusive licensees of a patent holder (Mitsubishi Tanabe Pharma Corporation), filed suit alleging that Defendant No. 1 was manufacturing and marketing Canagliflozin Tablets/Capsules, which falls under Indian Patent No. 232231. The defendant opposed the interim injunction, arguing that damages could be quantified and there was no irreparable loss. The court found a prima facie case in favor of the plaintiffs.
Jansen Pharmaceuticals & Others v.Aeon Formulations Pvt. Ltd.
The plaintiffs, who are exclusive licensees of the patent holder (Mitsubishi Tanabe Pharma Corporation), filed a suit alleging that Defendant No. 1 was manufacturing and marketing Canagliflozin Tablets/Capsules, thereby infringing Indian Patent No. 232231. The court found a prima facie case in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The applicants (Boehringer Ingelheim) filed applications seeking interim directions against the respondents (MSN Laboratories and others) for alleged infringement of their patent covering the compound Linagliptin. The court found that the defendants had not laid any credible challenge to the validity of the patent, thus tilting the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The plaintiffs, Boehringer Ingelheim Pharma, filed applications seeking interim directions against respondents (including MSN Laboratories and others) for infringing their patent rights related to the medicinal product Linagliptin. The court found that the defendants had not presented a credible challenge to the patent's validity and tilted the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The plaintiffs, Boehringer Ingelheim Pharma, filed applications seeking interim directions to restrain respondents from infringing their patent rights related to Linagliptin. The court found that the defendants had not presented a credible challenge to the patent's validity and tilted the balance of convenience in favor of the plaintiffs.
MSN LABORATORIES PRIVATE LIMITED v.THE CONTROLLER OF PATENTS, BOUDHIK SAMPADA BHAVAN, DWARKA, SECTOR-32, PLOT 14 NEW DELHI-400037; BOEHRINGER INGELHEIM PHARMA GMBH & CO. KG
The plaintiff (MSN Laboratories) filed a petition seeking the revocation of Indian Patent No. IN 243301. The defendants argued that the petition was time-barred as it was filed more than three years after the patent grant date. The court dismissed the applications, holding that the limitation period for challenging a patent is not necessarily from the date of grant but when the right to sue accrues, and affirming its territorial jurisdiction.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The applicants (Boehringer Ingelheim Pharma) filed applications seeking interim directions to restrain the respondents (MSN Laboratories and others) from infringing their patent rights over the medicinal product, Linagliptin. The court found that the defendants had not laid a credible challenge to the validity of the patent and tilted the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim International GmbH & Co. KG v.Macleods Pharmaceuticals Limited
The plaintiffs sought an injunction and damages against the defendant for infringing their patent rights related to Linagliptin. The defendant challenged the plaint's validity, arguing that the suit was barred by law under Section 53(4) of the Patents Act or not properly filed. The court dismissed the application seeking rejection of the plaint.
Boehringer Ingelheim International GmbH v.Dr. Reddy's Laboratories Limited
Plaintiffs (Boehringer Ingelheim) filed a suit seeking permanent prohibitory injunction against the defendants (Dr. Reddy's Laboratories) for infringing their patent No. 268846, covering Empagliflozin products. The court heard applications concerning the continuation and vacation of an existing ad-interim injunction.
Boehringer Ingelheim International GmbH v.Msn Laboratories Private Limited
The plaintiffs (Boehringer Ingelheim) sought confirmation of an interim injunction restraining the defendants (Msn Laboratories) from infringing their patent (IN 268846) related to Empagliflozin. The court addressed two main issues: the merits of the injunction and whether the defendant could challenge it without a written statement, ultimately allowing the defendant's application for vacation.
The North Face Apparel Corp. v.Pranav Kant Sharma
The North Face Apparel Corp. filed a Letters Patent Appeal challenging the dismissal of its application for temporary injunction against Pranav Kant Sharma (North Face Adventure Tours), alleging trademark infringement due to deceptive similarity. The respondent argued that since they operate in different classes of goods (Class 39 vs. appellant's classes), there is no likelihood of confusion or deception. The High Court upheld the lower court's decision, finding that because the parties trade in different classes, the appellant failed to establish a prima facie case for injunction.
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