Himachal Pradesh High Court

37 decisions indexed · India ·
patent 6 trademark 1

37 cases · page 2 of 2

patent interim order · Feb 25, 2022

Boehinder Pharma v.Macleods Pharma

Himachal Pradesh High Court · COMS No. 3 of 2022

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.

patent interim order · Feb 11, 2021

Plaintiff No. 1 v.Defendants

Himachal Pradesh High Court · Civil Suit No. 13 of 2021

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.

patent defendant favorable · Jun 29, 2018

Dhanpat Seth And Others v.M/S Nilkamal Plastic Ltd

Himachal Pradesh High Court · Civil Suit No. 69 of 2005 (along with Counter Claim No. 20 of 2006)

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).

patent pending · May 31, 2018

Unknown v.Yogesh Mehra & Others

Himachal Pradesh High Court · CS No. 69 of 2005

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.

patent defendant favorable · Sep 20, 2007

Dhanpat Seth And Ors. v.Nil Kamal Plastic Crates Ltd.

Himachal Pradesh High Court · OMP No. 530 of 2005 in Civil Suit No. 69 of 2005

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).

patent defendant favorable · Aug 3, 2006

Dhanpat Seth And Ors. v.Nil Kamal Plastic Crates Ltd.

Himachal Pradesh High Court · Civil Suit No. 69 of 2005 (O.M.P.)

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.

trademark defendant favorable · Sep 7, 1994

Amrit Banaspati Company Ltd. v.Suraj Industries Ltd.

Himachal Pradesh High Court · Suit No. 151 of 1993 (Application under Order 39, Rules 1 and 2 read with Section 151 CPC)

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.

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