Bench:Arindam Mukherjee
7 IP cases indexed. Covers patent matters.
Cases Presided Over
7 cases indexed | Page 1 of 1
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks And Anr.
Sanofi - Aventis appealed an order from the Assistant Controller of Patents & Designs. The appellant argued that the impugned order was perverse because it failed to adequately address arguments concerning lack of inventive steps and should have been based on Section 3(d) of the Patents Act, 1970.
Spencer'S Retail Limited v.Geetha Jorge Alias Geetha George & Others
Spencer'S Retail Limited filed a suit against Geetha Jorge Alias Geetha George & Others, alleging trademark infringement. The plaintiff argued that the City Civil Court was not the proper forum for seeking relief due to restrictions in the City Civil Courts Act, 1953, and because the matter had already been adjudicated.
OCV Intellectual Capital, LLC v.Union Of India & Ors.
The appellant challenged an order dated March 30, 2016, passed by the Deputy Controller of Patents & Designs rejecting its patent application. The court found that two appeals were filed challenging the same order (AID 18/2022 and IPDPTA 34/2022), making AID 18/2022 redundant. However, since the primary appeal (IPDPTA 34/2022) was dismissed for default, the court directed the parties to appear on a future date.
Bidisha Ghoshal v.The Registrar Of Trade Marks
Bidisha Ghoshal appealed the rejection of her trademark application '42 orchids' by The Registrar of Trade Marks, arguing that the Examiner's refusal was mechanical and lacked sufficient reasoning. The Calcutta High Court agreed, finding the impugned order cryptic and devoid of substantive discussion regarding similarity or likelihood of confusion. Consequently, the court set aside the rejection order and remanded the matter back to the authorities for a fresh examination, ensuring due process.
Takeda Pharmaceutical Co. Ltd v.Controller Of Patents And Designs
Takeda Pharmaceutical Co. Ltd filed an appeal under Section 117A of the Patent Act, 1970, challenging the Deputy Controller of Patents & Designs' order dated April 12, 2023, which rejected its application for patent registration.
Upl Limited v.Haryana Pesticides Manufactures Association and Anr.
Upl Limited filed an appeal before the Calcutta High Court challenging an earlier order issued by the Controller General of Patents, Designs & Trademark. The court admitted the appeal, noting that no interim relief was warranted at this stage. The judgment sets out a clear procedural roadmap, directing the appellants to prepare and file comprehensive informal paper books within specified timelines for the matter to be heard on its merits.
Kanishk Sinha v.Dr Saumitra Mohan & Ors.
Kanishk Sinha filed a suit alleging patent infringement against Dr Saumitra Mohan & Ors. The plaintiff sought urgent interim relief but failed to satisfy the court regarding the necessity for dispensing with procedural formalities under the Commercial Courts Act, 2015. The Court granted one further opportunity to the plaintiff to address these formal requirements.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.