Himachal Pradesh High Court
43 cases · page 2 of 2
Showing 31–42MSN 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 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.
Boehinder Pharma v.Macleods Pharma
Boehinder Pharma filed an application seeking ad-interim relief to restrain Macleods Pharma from infringing its patent rights over 'Linagliptin'. The applicants argued that their patent was still valid and the respondent was manufacturing and selling the product under brands LINAMAC and LINAONE. The court, finding a prima facie case, granted an interim injunction restraining the respondent from manufacturing or selling Linagliptin.
Plaintiff No. 1 v.Defendants
The plaintiffs, owners of two patents covering the compound LINAGLIPTIN and its derivatives, filed a suit alleging that the defendants were manufacturing LINAGLIPTIN tablets under the brand name BRLENTA-5 without consent. The court found a prima facie case for injunction.
Dhanpat Seth And Others v.M/S Nilkamal Plastic Ltd
The plaintiffs filed a suit seeking an injunction and damages, alleging that the defendant infringed their Patent No. 195917 for a device used for manually hauling agricultural produce. The court examined the patent's validity and found that the invention lacked inventive step, as it was merely a substitution of bamboo with plastic in a traditionally known item (Kilta).
Unknown v.Yogesh Mehra & Others
The plaintiffs argued that the court should not proceed with the civil suit while a statutory appeal was pending before the Statutory Authority. The defendant relied on a precedent (Dr. Aloys Wobben vs. Yogesh Mehra & others) which established rules concerning counter-claims and patent revocation petitions. The court accepted the defendant's submissions regarding the applicability of the precedent and listed the matter for arguments.
Dhanpat Seth And Ors. v.Nil Kamal Plastic Crates Ltd.
The plaintiffs appealed against the rejection of their interim relief application seeking to restrain the defendant from infringing Patent No. 195917, which covered a plastic Kilta device for hauling agricultural produce. The defendant argued that the patent was fraudulently obtained and that the invention was merely an old traditional product (Kilta).
Dhanpat Seth And Ors. v.Nil Kamal Plastic Crates Ltd.
The plaintiffs sought a temporary injunction against the respondent, alleging infringement of Patent No. 195917 for an agricultural hauling device. The court examined the claims and found that the patented device was merely an imitation of the traditional 'Kilta', lacking novelty or inventive step as per Section 2(j) of the Patents Act.
Amrit Banaspati Company Ltd. v.Suraj Industries Ltd.
The petitioner (Amrit Banaspati Company Ltd.) sought an ad interim injunction against the respondent (Suraj Industries Ltd.), alleging that the defendant was using a deceptively similar mark ('ANGAN' with a flower device) for Vanaspati oil, causing passing off. The court dismissed the petition, finding that the plaintiffs failed to prove a prima facie case and that granting the injunction would cause irreparable injury to the defendants.
SML Limited v.M/s Happy Agro Chemicals
SML Limited filed a patent infringement suit against M/s Happy Agro Chemicals, alleging that the defendant's product 'SELZIC' infringes their patent rights under Indian Patent No.282092. The plaintiff sought an interim injunction to restrain the defendant from infringing their patent rights. However, the court dismissed the application due to lack of territorial jurisdiction. The court held that the alleged wrong was not committed within its territorial jurisdiction, and therefore, it had no jurisdiction to grant the interim injunction.
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