Madras High Court
1365 cases · page 10 of 46
Showing 271–299Bristol Myers Squibb Company v.Deputy Controller of Patents, Patent Office
Bristol Myers Squibb appealed the rejection of its patent application (No. 5948/CHENP/2014) for a hemisulphate salt of Compound (I), known as Rimegepant, by the Indian Patent Office. The opposition was primarily based on Section 3(d) of the Patents Act, arguing that enhanced bioavailability alone does not guarantee patentability. The High Court set aside the rejection and remanded the matter for reconsideration.
Bristol Myers Squibb Company v.Deputy Controller of Patents, Patent Office
Bristol Myers Squibb appealed the rejection of its patent application for a new hemisulphate salt of Compound (I), which was based on Section 3(d) of the Patents Act, 1970. The appellant argued that the compound demonstrated enhanced bioavailability and therapeutic efficacy compared to the free base form. The High Court set aside the rejection order and remanded the matter for reconsideration by a different officer.
Ttk Prestige Limited v.Butterfly Gandhimathi Appliances
The plaintiff filed a suit against the defendant for infringing on its design registration for the Svachh Deluxe Alpha pressure cooker. The defendant was set ex-parte after failing to respond adequately to the claims.
Bia Separations D.O.O. v.Assistant Controller of Patents and Designs, Government of India
Bia Separations D.O.O. appealed the rejection of its Patent Application No.185/CHENP/2009 for 'METHOD FOR INFLUENZA VIRUS PURIFICATION'. The appeal challenged the Controller's finding that the invention lacked inventive step under Section 2(1)(ja) of the Patents Act, 1970.
Sapporo Medical University v.Assistant Controller of Patents and Designs, Government of India
Sapporo Medical University appealed the rejection of its Patent Application No.1899/CHENP/2010 by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order was cryptic and failed to properly consider the prior art or the detailed explanations provided regarding inventive step. The High Court found the respondent's conclusion unsupported by material and allowed the appeal, remitting the matter for fresh consideration.
3M Innovative Properties Company v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 20174704977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, arguing that the invention was a computer program/implementable method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection (computer program vs. mathematical/statistical), leading to the matter being remanded for fresh consideration.
3M INNOVATIVE PROPERTIES COMPANY v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 201747024977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, claiming the invention was a non-technical computer program or mathematical method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection, leading to the matter being remanded for fresh consideration.
M/s.The Zero Brand Zone Pvt. Ltd. v.The Controller of Patents & Designs
The appellant challenged the rejection of their patent application for an eco-friendly lamp made from panchagavya and leaves. The appellant argued that the product was novel and not merely traditional knowledge, while the respondents contended that the invention fell under Section 3(p) as it related to traditional ingredients and was obvious based on prior art D1 to D3.
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The appellant argued that the respondent's order was cryptic, failing to discuss prior arts or submitted evidence like a US patent grant. The High Court found merit in these arguments and allowed the appeal.
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The High Court found the original order cryptic, noting that it failed to discuss prior arts or address specific submissions made by the appellant regarding synergistic effects and foreign patents. Consequently, the appeal was allowed, and the matter was remanded for fresh scrutiny.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 5584/CHENP/2010). The rejection was based on lack of inventive step and exclusion as a computer program per se. The High Court allowed the appeal, finding that the invention possesses enhanced technical effect and meets the inventive step criteria.
Bennet, Coleman & Company Limited v.Arvind Fashions Limited
The Madras High Court dismissed two rectification petitions filed by Bennet, Coleman & Company Limited against the trademark registration of 'NNNOW'. The dispute centered on removing specific descriptions of services from the impugned registration. Crucially, both parties reached a Joint Compromise Memo before the court. Consequently, the petitions were withdrawn, marking an amicable resolution to the intellectual property conflict.
Nokia Of America Corporation v.Assistant Controller of Patents and Designs, Government of India
Nokia appealed the rejection of its patent application, arguing that the respondent's order failed to properly discuss the invention and how it was hit by obviousness. The court found that the Controller merely concluded that a person skilled in the art could calculate technical glitches using prior arts without adequately testing them against the claimed invention.
V.Sundaresan & Ors. v.Varalakshmi Starch Industries Pvt. Ltd., & Anr.
The Madras High Court addressed multiple appeals and petitions concerning a trademark infringement dispute over the 'Varalakshmi' brand name used for sago/sabudana products. Recognizing the overlap between the appellate issues and the main suit, the Court directed the Commercial Court to expedite the original trademark suit within 16 weeks. Crucially, while vacating previous stays on proceedings, the High Court ensured that the existing interim order from the lower court would remain in effect until the final judgment of the main suit.
M/s.Babu Ram Om Prakash v.A.Manickavel
The Madras High Court disposed of an Original Petition concerning the rectification of Trade Mark No. 502558 after both parties entered into a Joint Memorandum of Compromise. The petition, which had been transferred from the Intellectual Property Appellate Board, was settled amicably between M/s. Babu Ram Om Prakash and A. Manickavel. This resolution allows the matter to be closed without further judicial intervention.
M/s.V.A.Mishra & Sons v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s.V.A.Mishra & Sons, issuing a Writ of Mandamus against The Registrar of Trademarks. The petitioner sought direction to accept an old renewal request (dated 27.03.2013) for their trademark due to alleged inaction by the Registry. The Court found that the mandatory notice required under Section 25(3) of the Trademarks Act, 1999, was not provided to the proprietor. Consequently, the Registrar was directed to accept the renewal request and allow further renewals.
Microsoft Technology Licensing, LLC v.The Assistant Controller of Patents and Designs, The Patent Office
Microsoft Technology Licensing appealed an order rejecting the grant of a patent application (No. 2559/CHENP/2012) on grounds of lack of inventive step. The Appellant argued that the Controller failed to provide proper consideration or independent reasons for concluding the invention was obvious in light of prior art and common general knowledge.
Chennai Super Kings Cricket Limited v.Samavist Energy Solutions Private Ltd.
The Madras High Court judgment in India Cements Limited vs Samavist Energy Solutions Private Ltd. (though the parties listed are Chennai Super Kings Cricket Limited vs Samavist Energy Solutions Private Ltd.) resulted in the dismissal of the trademark infringement suit. The plaintiff, Chennai Super Kings Cricket Limited, chose to withdraw the case on June 27, 2024, before a final judgment could be delivered. This action effectively ended the litigation regarding the use of the deceptively similar mark 'NOIDA SUPER KINGS' against the defendant.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed the refusal of its patent application, which was rejected citing lack of inventive step and being a mere admixture. The appellant argued that the crucial feature—the formation of a double population structure—was ignored by the respondent. The High Court allowed the appeal, finding procedural lapses in the rejection order, and remitted the matter for fresh consideration.
Naveel Danish v.The Registrar of Trade Marks
In this Madras High Court judgment, the court addressed a writ petition seeking direction for the re-examination of Trademark Application No. 55070330. The petitioner sought intervention to compel the Registrar to act on previous representations requesting fresh examination and criminal proceedings. While the initial prayer was broad, the court ultimately directed the Registrar to proceed with fresh orders in accordance with law, ensuring all parties are given a fair opportunity during the process.
Ajinomoto Co., INC v.The Assistant Controller of Patents and Designs, Government of India
Ajinomoto Co. appealed the Controller's decision to reject its patent application (No. 4039/CHENP/2014). The core issue was whether the Authority complied with Section 13(3) of the Patents Act, 1970, which requires examination of amended specifications in a manner similar to the original specification. The High Court found that this procedure had not been followed.
Sree Devi Video Corporation v.M/s.Sri Murugan Pictures
The plaintiff sued the defendants seeking a declaration that it was the absolute owner of limited video, cable TV, and internet copyrights in certain films, acquired from M/s.Sri Murugan Pictures under an agreement dated 02.12.2000. The suit also sought permanent injunction against infringement by the defendants. The court found that the plaintiff successfully established its case through documentary evidence.
Professor Jayashankar v.Monsanto Technology LLC
Professor Jayashankar filed an Original Petition seeking the revocation of Patent No. 232681, granted to Monsanto Technology LLC, under Section 64 of the Patents (Amendment) Act, 2005. The petition was heard by the Madras High Court on June 13, 2024. However, due to the petitioner's failure to appear despite being served notice, the court dismissed the Original Petition for non-prosecution.
Professor Jayashankar, Telangana State Agricultural University v.Monsanto Technology LLC
Professor Jayashankar, representing Telangana State Agricultural University, filed an Original Petition seeking the revocation of Patent No. 232681 held by Monsanto Technology LLC. The petition aimed to challenge the validity of the patent under Section 64 of the Patents (Amendment) Act, 2005. However, despite being served notice, the petitioner failed to appear before the Madras High Court on multiple occasions. Consequently, the court dismissed the Original Petition for non-prosecution.
Ashish Anilkumar Desai (M/s. Sujanil Chemo Industries) v.M/S.Maas Herbals Private Limited
The Madras High Court dismissed the Original Petition filed by Ashish Anilkumar Desai against M/S. Maas Herbals Private Limited. The petition sought rectification and cancellation of the trademark 'LICYL' from the register, citing issues with Registration No.2089321. Crucially, the court noted that despite multiple opportunities and service of notice, the petitioner failed to appear for hearing. Consequently, the case was dismissed purely on grounds of non-prosecution.
Skoda Auto A.S. v.M.R.Sanjeevi
Skoda Auto A.S. filed a suit against M.R. Sanjeevi and others, alleging infringement and passing off concerning its well-known trade mark 'SKODA' and its logo. The plaintiff sought permanent injunctions and damages for unauthorized use of similar marks. However, on the date of hearing (June 11, 2024), the court noted that the plaintiff had failed to file the required proof affidavit for chief examination as directed by the Court. Consequently, the suit was dismissed for default.
Indian Institute of Technology (IIT Madras) v.The Controller of Patents & Designs
IIT Madras appealed the refusal of its patent application concerning a method for doping potassium into ammonium perchlorate to increase burn rates in solid propellants. The Controller rejected the application citing lack of novelty, inventive step, and Section 3(d) restrictions. The High Court upheld the rejection on grounds of Sections 3(d) and 2(1)(ja), finding the claimed technical advance obvious.
M/s. Vemula Buchamma And Sons v.Vemula Manikyam
The Madras High Court dismissed an Original Petition filed by M/s. Vemula Buchamma And Sons against Vemula Manikyam and the Registrar of Trade Marks. The petitioner sought the removal or cancellation of the trademark 'KISMAT BEEDI' from the register, citing concerns over maintaining the purity of the register. However, due to the petitioner's failure to appear for hearing despite being duly served notice, the court dismissed the petition for non-prosecution.
Tintometer India Pvt.Ltd v.M/s Wensar Weighing Scales Limited
The Madras High Court partially decreed the suit filed by Tintometer India Pvt.Ltd against M/s Wensar Weighing Scales Limited regarding trademark infringement. The court granted permanent injunctions restraining the defendants from using or passing off the identical mark 'TINTOMETER' in relation to colorimeter products, and ordered the surrender of infringing materials for destruction. While rejecting the claim for specific damages, the court passed a preliminary decree compelling the defendants to render true accounts of profits made through the use of the disputed trademark.
Reckitt Benckiser (India) Private Limited v.The Advertising Standards Council of India
Reckitt Benckiser challenged an order passed by the learned Judge which rejected its application for an interim injunction against The Advertising Standards Council of India (ASCI). Reckitt, a manufacturer of consumer health products like MORTEIN mosquito repellent, sought to prevent ASCI from adjudicating complaints against its new product advertisements. The Madras High Court ultimately found that the suit did possess cause of action and jurisdiction in Tamil Nadu, setting aside the initial order and remanding the matter for fresh consideration on merits.
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