Bench:Ravi Krishan Kapur
197 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
197 cases indexed | Page 3 of 7
Aroa Biosurgery Limited v.Controller General Of Patents, Designs And Trademarks and Anr
Aroa Biosurgery Limited challenged an order by the Controller General of Patents which dismissed its patent application for 'Tissue Scaffolds Derived From Forestomach Extracellular Matrix.' The core dispute centered on procedural fairness, as the rejection order introduced a ground of non-patentability (Section 3(i)) that was never raised during the examination process. The Calcutta High Court found that the impugned order lacked reasons and violated principles of natural justice. Consequently, the court allowed the appeal and remanded the matter back to the Controller for a fresh hearing on the merits.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Vmi Holland B.V. v.Deputy Controller Of Patents And Designs and Ors
Vmi Holland B.V. appealed a decision by the Deputy Controller of Patents and Designs which rejected their patent application, titled "Assembly for and method of making a tyre component," on the grounds that it lacked inventive steps. The High Court found the rejection order to be arbitrary, devoid of reasons, and lacking proper adjudication on the merits.
Fena Private Limited v.Bajranglal Rathi Trading As M/S. Maheshwari Soap Industries and Ors
The Calcutta High Court addressed a trademark dispute brought by Fena Private Limited against Bajranglal Rathi Trading. The court noted that prima facie, the impugned registration appears to infringe upon the appellant's rights. Furthermore, the court observed evidence suggesting a clear case of non-use regarding the respondent's mark, which was not disputed at the hearing. Consequently, the matter has been adjourned for further arguments and submissions.
Shindengen Electric Manufacturing Co Ltd v.Assistant Controller Of Patents And Designs and Ors
Shindengen Electric Manufacturing Co Ltd appealed a rejection order by the Assistant Controller of Patents, which dismissed their application for 'A LAMP LIGHTNING CONTROL CIRCUIT' on grounds of obviousness and lack of inventive steps. The High Court found that the impugned order was unsustainable because it lacked reasons and failed to address the appellant's submissions and evidence.
Shindengen Electric Manufacturing Co Ltd v.Assistant Controller Of Patents And Designs and Ors
The appeal challenged the Assistant Controller's decision to reject a patent application for a lamp lightning control circuit. The appellant argued that the rejection order failed to address their submissions and ignored evidence, thus violating natural justice. The Court found that the impugned order lacked reasons and set it aside.
Nissan Motor Co. Ltd. v.The Controller Of Patents And Designs
Nissan Motor Co. Ltd appealed a decision by The Controller of Patents and Designs rejecting its patent application for a 'Vehicle Driving Support Device and Vehicle Driving Support Method'. The rejection was based on the lack of inventive step under Section 2(1)(j) of the Patents Act, 1970. The High Court found that the impugned order lacked proper reasoning and violated principles of natural justice.
ARDENIA INVESTMENTS, LTD. v.CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR
This case involves an appeal filed by Ardenia Investments Ltd. against a previous order dismissing its patent application for a "Drug Delivery System for administration of poorly Water Soluble pharmaceutical Active Substances." The original dismissal held that the subject matter lacked technical advancement and inventive steps, specifically citing Section 3(d) of the Act. The Calcutta High Court has issued procedural directions to the appellant regarding the continuation of the appeal.
AROA BIOSURGERY LIMITED v.Controller General of Patents, Designs and Trademarks and Anr
AROA BIOSURGERY LIMITED appealed a decision by the Assistant Controller of Patents and Design regarding its application for 'TISSUE SCAFFOLDS DERIVED FROM FORESTOMACH EXTRACELLULAR MATRIX'. The invention relates to an implantable tissue scaffold device using ruminant forestomach extracellular matrix, intended for applications like wound repair and breast augmentation. The initial rejection was based on grounds including Sections 3(b) and (i), and failure to comply with Section 8 of the Patents Act, 1970.
Reata Pharmaceuticals Inc v.Deputy Controller Of Patents And Design
Reata Pharmaceuticals Inc appealed the Deputy Controller's order rejecting its patent application for 'NOVEL FORMS Of CDDO METHYL ESTER' on grounds of non-patentability under Sections 3(d) and 3(e). The appellant argued that the rejection failed to consider crucial clinical trial data demonstrating enhanced therapeutic efficacy. The High Court set aside the impugned order, holding that the authority must deal with all submitted evidence and provide reasoned orders.
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks
Sanofi - Aventis challenged an order passed by the Assistant Controller Patent and Designs, which rejected their subject invention under Sections 2(i)(j)(a) and 3(c) of the Patents Act, 1970. The Calcutta High Court took cognizance of this appeal (Oa/11/2019/Pt/Kol). While the Respondent Controller remained unrepresented, the court directed Sanofi - Aventis to ensure proper service on the Controller and file an Affidavit of Service before listing the matter for further hearing.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration. However, the court noted that the petitioner failed to disclose a material disclaimer in its registration certificate, which limited exclusive use of the device 'Swastik'. Consequently, the application was dismissed as an abuse of process.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration and obtaining copyright protection. However, the court found that the petitioner had suppressed a material fact—a disclaimer in its own registration certificate limiting exclusive use. Consequently, the application was dismissed as an abuse of process.
Fiacre Telematics Private Limited v.The Controller General Of Patents Designs And Trademark
The petitioner appealed an order from the Assistant Controller of Patents, Kolkata, arguing that the rejection of their patent application lacked reasoning and failed to address the arguments regarding inventive steps. The court found a serious infirmity in the impugned order due to its unreasoned nature and remanded the matter.
ITC Limited v.The Controller of Patents Designs and Trademark
ITC Limited appealed the rejection of its patent application for 'A Heater Assembly to Generate Aerosol,' which was denied under Section 3(b) of the Patents Act, 1970. The Controller had rejected the invention on grounds that its use could cause serious prejudice to human health or public order. ITC argued that the rejection was arbitrary, lacked reasoned basis, and violated principles of natural justice due to the introduction of unsupplied documents. The Calcutta High Court set aside the impugned order, remanding the matter back to the Controller for a fresh decision after ensuring all parties are heard.
Dhunseri Petrochem And Tea Ltd. v.Mr. Dhanraj Khatri And Anr.
Dhunseri Petrochem And Tea Ltd. filed an application seeking rectification of a copyright registration held by its opponents, alleging that the respondent's artistic work was a deceptive and substantial reproduction of the petitioner's established labels ('Lal Ghora' and 'Kala Ghora'). The petitioner demonstrated long-standing use and exclusive association with their distinctive packaging designs for tea. The court found that the respondent's design was deceptively similar, noting only cosmetic changes while retaining the core features and color scheme. Consequently, the registration of the impugned artistic work was directed to be expunged.
Tirupati Vancom Private Limited v.James Glendye And Co Limited and Ors
The Calcutta High Court, in its Intellectual Property Rights Division, admitted the plaint filed by Tirupati Vancom Private Limited against James Glendye and Co Limited. The court granted leave under relevant provisions due to the urgency pleaded by the plaintiff.
Andreas Gutzeit v.The Controller General Of Patents Designs and Trademark And Anr.
Andreas Gutzeit appealed a decision by the Controller General of Patents which rejected his patent application, "Blood Flow Control System and Method for In-vivo Imaging and Other Application," primarily on grounds of non-compliance with Section 59 of the Patents Act. The core dispute centered on whether the amendment—specifically changing the claim from a method to a system—was permissible under the law. The Calcutta High Court found serious infirmities in the Controller's order, noting that it failed to properly assess if the amendments broadened the scope beyond the original specification. Consequently, the court set aside the rejection and remanded the matter for fresh adjudication on the merits.
Nocil Ltd v.Finorchem Ltd And Anr
The defendants filed an application seeking revocation of the dispensation granted under Section 12A of the Commercial Courts Act, 2015. The dispute involves allegations of patent infringement and breach of confidentiality concerning the manufacturing process of 4-ADPA. The court ruled that the plaintiff had sufficiently pleaded urgency based on a holistic reading of the plaint.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors, Dolutegravir and Cabotegravir. The court found the rejection order unsustainable due to misinterpretation of previous orders and noted an exceptional delay in the process. Consequently, the appeal was allowed, directing fresh adjudication by another Controller.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors Dolutegravir and Cabotegravir. The appeal challenged the rejection order, citing exceptional delays in the patent process. The court allowed the appeal, setting aside the impugned order.
The Regents of the University of California & Others v.Union of India & Others
The petitioner challenged the actions of the Opposition Board regarding an interlocutory application related to their granted patent. The dispute centered on procedural infirmities in the post-grant opposition proceedings, specifically concerning the admissibility of evidence filed by the respondent. The court held that since the matter was still pending before the Hearing Officer and no final decision had been reached, the writ petition was premature.
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