Dismissed Decisions
316 cases | Page 5 of 11
Reliance Industries Ltd. v.M&G Polimeri Italia S.P.A.
Reliance Industries Ltd. filed an Original Petition seeking the revocation of Indian Patent No. 220888 before the Madras High Court. The petition was filed under Section 64 of the Patents Act, 1970. However, during the proceedings, it was noted that the patent had already ceased to be in force as of January 30, 2023. Consequently, the court dismissed the petition as infructuous.
Axiom Propack Pvt. Ltd. v.Guala Closures Patents B.V.
Axiom Propack Pvt. Ltd. filed an Original Petition before the Madras High Court seeking the revocation of Indian Patent No. 207928 against Guala Closures Patents B.V. The petition, which was filed under Section 64(1) of the Patents Act, 1970, aimed to challenge the validity of the patent. However, during the proceedings, it was noted that the term of Patent No. 207928 had already expired on June 2, 2018.
Reliance Industries Ltd. v.M&G Polimeri Italia S.P.A.
Reliance Industries Ltd. filed an Original Petition seeking the revocation of Indian Patent No. 220888, which claimed a priority date of January 31, 2003. The petitioner sought this action before the Madras High Court. However, during the proceedings, it was noted that the patent had already ceased to be in force as of January 30, 2023. Consequently, the court dismissed the petition as infructuous.
Enercon ( India ) Limited v.Aloys Wobben
Enercon (India) Limited filed multiple Transfer Original Petitions before the Madras High Court seeking the revocation and removal from the register of various Indian Patents held by Aloys Wobben. The court observed that the term of all the patents in question had expired.
Mitsubishi Chemical Corporation v.Assistant Controller of Patents and Designs, Government of India
Mitsubishi Chemical Corporation filed a Transfer Civil Miscellaneous Appeal (patents) challenging an earlier order from the Assistant Controller of Patents and Designs. The appellant subsequently instructed their counsel to withdraw the appeal.
Agfa Nv v.The Assistant Controller of Patents, The Patent Office, Delhi, India
Agfa Nv filed a Transfer Civil Miscellaneous Appeal before the Madras High Court seeking to set aside an order passed by the Assistant Controller of Patents. The appellant subsequently filed a memo instructing the withdrawal of the appeal.
Enercon (India) Limited v.Aloys Wobben
Enercon (India) Limited filed multiple Transfer Original Petitions before the Madras High Court seeking to revoke several Indian Patents granted to Aloys Wobben. The court noted that the patents had expired but a counter claim was lodged by the petitioner in proceedings before the Delhi High Court.
Histogen Inc v.The Assistant Controller of Patents and designs
Histogen Inc filed a Transfer Civil Miscellaneous Appeal seeking to set aside an order passed by The Assistant Controller of Patents and designs regarding Indian Patent Application No. 5341/CHENP/2010. However, the appellant instructed their counsel to withdraw the appeal.
Bharathi Consumer Care Products Pvt.Ltd. v.Sanku Soap Works
Bharathi Consumer Care Products filed a suit against Sanku Soap Works alleging multiple infringements. The plaintiff claimed violations related to the deceptively similar use of their registered trademark 'SILVER FOAM XXX' and copyright in its artistic label/trade dress, as well as passing off. The initial prayers sought permanent injunctions and damages.
Venator Materials Uk Limited v.Assistant Controller of Patents and Designs
Venator Materials UK Limited filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order passed by the Assistant Controller of Patents and Designs. The appellant subsequently instructed his counsel to withdraw the appeal.
Venator Materials Uk Limited v.Assistant Controller of Patents and Designs, Government of India
Venator Materials Uk Limited filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order dated 14 December 2020 issued by the Assistant Controller of Patents and Designs. The appeal sought to set aside that order and allow the patent application No.7188/CHENP/2012 to proceed to grant.
Wellpet LLC v.The Registrar of Trade Marks
Wellpet LLC filed a Civil Miscellaneous Appeal challenging the Registrar of Trade Marks' refusal to register the mark 'WELLNESS' in Class 31. The appeal sought to set aside the initial refusal order from August 2018 and allow the trademark application to proceed. However, before the court could rule on the merits, Wellpet LLC filed a memo instructing its counsel to withdraw the appeal. Consequently, the Madras High Court dismissed the case as withdrawn.
Astellas Deutschland GmbH v.The Controller of Patents and Desingns
Astellas Deutschland GmbH filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order issued by The Controller of Patents and Desingns. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Allegro Pharmaceuticals Llc v.The Controller of Patents and Designs
Allegro Pharmaceuticals LLC filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to set aside an earlier order and amend its claims to secure a patent. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Huawei Technologies Co., Ltd v.The Controller General of Patents and Designs
Huawei Technologies Co. filed a Transfer Civil Miscellaneous Appeal challenging an earlier order passed by Respondent No. 3. The Madras High Court noted that the matter had already been remanded for reconsideration by the Intellectual Property Appellate Board in a previous order and closed the appeal without further adjudication.
Kishorkumar Gokaldas v.The Registrar of Trademarks
The Madras High Court dismissed three Transfer Original Petitions filed by Kishorkumar Gokaldas against the Registrar of Trademarks. The petitions sought to remove or rectify specific trademark registrations (Nos. 2224503, 2224504, and 2224505). However, both parties agreed that these trademarks had not been renewed and were therefore no longer in force, rendering the legal challenges moot and infructuous.
Sun Pharma Laboratories Ltd v.B.B. Mohan Kumar Trading As East West Pharma & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by Sun Pharma Laboratories Ltd against Trademark No. 1764708. The court noted that the trademark in question had expired on December 17, 2018, and was not subsequently renewed. Consequently, the petitioner's request to remove the entry from the register became infructuous.
Bluechip Amusements (India) Pvt. Ltd. v.Crazy Concepts And Mazes Pvt.Ltd.
The Madras High Court dismissed the Original Petitions filed by Bluechip Amusements against Crazy Concepts and Mazes. The dismissal was due to non-prosecution, as the petitioner informed the court that they no longer operated their outlet under the name 'HORROR HOUSE.' This outcome highlights the importance of active litigation management in trademark disputes.
M.Sarojini v.M/s. Ce Biotech (P) Limited
The Madras High Court dismissed a petition filed by M.Sarojini seeking the expungement of the trademark ZIPROVIT (No. 1631278) from the register, which was held in the name of M/s. CE Biotech (P) Limited. The petitioner subsequently informed the court that they were withdrawing the petition due to the non-renewal of the relevant trademark registration. This outcome highlights the procedural necessity of maintaining active IP rights.
Ramesh Gupta And Rajan Gupta Partners Of M/s Ganga Containers v.M.A.Hameed Proprietor, AH Food products
The Madras High Court dismissed a trademark petition filed by Ramesh Gupta and Rajan Gupta Partners against M.A. Hameed Proprietor. The court noted that the core subject matter, Trademark Registration No. 1879905, had been cancelled. Since the underlying right was no longer valid, the entire petition became infructuous, leading to its dismissal without any order regarding costs.
Bharatiya Janata Party Kisan Morcha, Andhra Pradesh Unit v.Monsanto Technology, LLC
The petitioner filed a Transfer Original Petition seeking the revocation of Indian Patent No. 232681 held by Monsanto Technology. The first respondent submitted that the term of this patent had already expired on June 5, 2022.
M/s. Adwaith Lakshmi Industries Limited v.Mylsamy Ranga Ramanujam
M/s. Adwaith Lakshmi Industries Limited filed an Original Petition seeking the rectification or revocation of Patent No. 262529, alleging it was invalid and obtained by misrepresentation. The petitioner subsequently withdrew the petition.
M.Y. Mumtaj Begum & M. Badrudeen v.K.R. Iqbal Ahmmed & The Registrar of Trade Marks
The Madras High Court addressed an Original Petition seeking the rectification and cancellation of Trademark Registration No. 1509172, which was granted to K.R. Iqbal Ahmmed for beedies and tobacco products. However, before any substantive hearing could take place, the petitioners communicated their decision to withdraw the petition. Consequently, the court dismissed the Original Petition as withdrawn without making any order regarding costs.
Novartis AG v.The Controller of Patents and Designs
Novartis AG appealed against an order passed by the Controller of Patents and Designs regarding an opposition filed under Section 25(2) concerning Patent No. 223313. The court noted that the term of Patent No. 223313 had expired on May 16, 2023.
Kurian John Melamparambil v.Sulbha G. Shenoi; The Trademark Registry
The Madras High Court dismissed the Original Petition filed by Kurian John Melamparambil seeking rectification of Trademark No. 1301085. The dismissal was based on a submission from the first respondent, stating that the trademark had not been renewed since August 6, 2014. Consequently, the petition to remove or rectify the entry became infructuous.
M/S.Thalappakattu Biriyani & Fast Food v.M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel; The Deputy Registrar of Trademarks, Chennai
The Madras High Court addressed a petition filed by M/S.Thalappakattu Biriyani & Fast Food seeking the cancellation and rectification of Trademark No. 1408388, which was registered in favor of another party. However, before the court could rule on the merits of the trademark dispute, the petitioner voluntarily chose to withdraw the Original Petition. Consequently, the High Court dismissed the case as withdrawn without making any order regarding costs.
Novartis AG v.Asst.Controller of Patents and Designs, Government of India
Novartis AG filed a Transfer Civil Miscellaneous Appeal challenging an order passed by the Assistant Controller of Patents and Designs regarding a Post Grant Opposition to Patent No. 237273. The appeal was subsequently withdrawn by the appellant.
Upl Limited v.Basf Se
UPL Limited filed an Original Petition (Patent) seeking the revocation of Patent No. 262428 against Basf Se and The Controller of Patents. However, the petitioner subsequently instructed their counsel to withdraw the petition.
Sun Pharmaceutical Industries Limited v.The Controller of Patents and Designs
Sun Pharmaceutical Industries Limited filed a Transfer Civil Miscellaneous Appeal challenging an earlier decision by the Controller of Patents and Designs concerning Patent No. 224855. However, both parties submitted that the term of Patent No. 224855 had already ceased on October 14, 2019.
India Nippon Electricals Limited v.M/s. Denso Corporation
India Nippon Electricals Limited filed an Original Petition seeking the revocation of Indian Patent 240996 granted by the Controller of Patents. However, the petitioner's counsel subsequently instructed to withdraw the petition.
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