Bench:Ravi Krishan Kapur
197 IP cases indexed. Covers patent, trademark, design matters.
Cases Presided Over
197 cases indexed | Page 5 of 7
Daikin Industries Ltd v.Union If India And Ors
Daikin Industries Ltd appealed against an order rejecting its patent application for "AIR CONDITIONING APPARATUS" due to a lack of inventive step. The court found that the rejection order was unreasoned, cryptic, and failed to apply independent mind to the prior art documents cited. Consequently, the matter was remanded back to the Controller for fresh hearing.
Andreas Gutzeit v.The Controller General of Patents Designs and Trademark and Anr.
This matter before the Calcutta High Court's Intellectual Property Rights Division involves Andreas Gutzeit challenging a patent-related issue against The Controller General of Patents. The appellant raised a pure question of law concerning the interpretation of Section 59 of the Patents Act, 1970. Given the complexity and legal nature of the dispute, the court granted a final adjournment to allow both parties time to file their Written Notes of Submissions.
Vennootschap v.The Controller General Of Patents And Designs And Anr
The petitioner appealed against an order rejecting its patent application, which was based on a lack of inventive steps. The petitioner argued that the rejection was mechanically passed and violated natural justice because new prior art (D-2) was introduced at the hearing stage without being mentioned in the initial examination report. The Court agreed, finding no reasons in the impugned order.
Upl Limited v.Union Of India & Ors.
Upl Limited challenged a communication from respondent authorities that cancelled a scheduled hearing for its patent application, citing redundancy in cited prior art. The petitioner argued this cancellation was unjustifiable without following procedural mandates. The court found serious infractions of procedure and directed the matter to be reassigned and heard afresh.
Evonik Operations Gmbh And Anr v.The Controller Of Patents And Designs And Anr.
This appeal was filed by Evonik Operations Gmbh challenging an order dated May 2, 2023, which rejected Patent Application No. 201837000665. The court directed the appellants to file an Informal Paper Book and listed the matter for April 2025.
UPL Limited v.Astec Lifeciences Limited And Anr
The appeal challenged an earlier pre-grant objection order passed under Section 25 of the Patents Act, 1970. The court found that the impugned order suffered from a gross violation of natural justice due to its mechanical and verbatim reproduction of the private respondent's submissions without independent application of mind. Consequently, the court set aside the order and remanded the matter.
Cadbury Uk Limited v.ITC Limited
In this trademark dispute, the Calcutta High Court directed that the Registrar of Trademarks be formally included in the proceedings. This procedural step ensures all relevant parties are involved in the ongoing litigation between Cadbury UK Limited and ITC Limited. Furthermore, the court granted the petitioner liberty to carry out necessary informal amendments to their case filings. The matter is scheduled for further hearing on March 5th, 2025.
Raaj Unocal Lubricants Limited v.Phillips 66 Company And Anr.
The Calcutta High Court addressed an application seeking the rectification and cancellation of a trademark dispute between Raaj Unocal Lubricants Limited and Phillips 66 Company. The court issued interim directions, requiring both parties to file their respective Affidavits-in-Opposition within three weeks from the judgment date. This procedural step moves the matter forward in the ongoing intellectual property litigation.
M/S Aravind Laboratories v.Payal Novelty Private Limited
In this trademark dispute concerning the 'Pearl Eyeflax Kum Kum Bindi,' the Calcutta High Court issued an interim order. The court directed the respondents to attempt modifications to their product's get-up and trade dress. Furthermore, they must submit copies of these proposed changes to the petitioner's advocates by March 13, 2025, allowing the litigation to proceed while addressing potential infringement concerns.
M/S. Arvind Laboratories v.Mr. Pawan Kumar Singhania And Anr
In this trademark dispute, the Calcutta High Court issued an interim direction requiring the respondents to modify the get-up and trade dress of their product, 'Pearl Eyeflax Kum Kum Bindi.' The respondents were mandated to forward copies of these proposed changes to the petitioner's advocates by March 13, 2025. This order allows both parties time to adjust the disputed branding while keeping the litigation moving toward a resolution.
M/S. SONA BEVERAGES PVT LTD v.THE COCA-COLA COMPANY AND ANR
The Calcutta High Court allowed a petition filed by M/S. Sona Beverages Pvt Ltd seeking the removal of the mark 'SIMBA' registered in favor of The Coca-Cola Company. The court found that the trademark, which had lapsed on February 24, 2020, was never renewed despite receiving official notices from the Registry. Consequently, the court directed the expunging of the expired registration.
Super Smelters Ltd. v.Rekha Tayal &Anr.
The Calcutta High Court ruled in favor of Super Smelters Ltd., a leading manufacturer of TMT Bars, in its application to rectify a trademark registration. The court found that the respondent's mark was deceptively identical and phonetically similar to the petitioner's established 'SUPER SHAKTI' brand. Crucially, the court noted a glaring error by the registrar who failed to consider the petitioner's prior registrations during the examination process. Consequently, the High Court ordered the cancellation of the impugned registration, affirming the petitioner's strong prima facie case and preventing consumer confusion.
Paresh Ajitkumar Kapoor v.Controller Of Patents And Designs And Ors.
The appellant, Paresh Ajitkumar Kapoor, appealed against an order by the Deputy Controller cancelling his registered design for an Air Cooler (No. 233559) based on alleged prior publication in China. The appeal contended that the cancellation relied only on insufficient evidence from the CNIPA website and ignored previous rejections of similar claims. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
Emami Limited v.Hindustan Unilever Limited
In a trademark dispute concerning the use of 'Handsome' and 'Glow and Handsome,' Emami Limited sought an injunction against Hindustan Unilever Limited (HUL) in the Calcutta High Court. However, Emami decided to withdraw its current application (GA No.3/2021), stating that it had filed a substantially similar application earlier (GA No.2/2020). The court granted leave for withdrawal and directed that the original, pending application (GA No.2/2020) be taken up for hearing on July 5, 2021.
Biotron Limited v.The Controller General Of Patents & Designs & Anr
Biotron Limited appealed a rejection of its patent application concerning novel antiviral compounds. The initial rejection was based on lack of inventive steps, insufficient disclosure, and non-patentability under Section 3(d) of the Patents Act, 1970. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
Oyster Point Pharma Inc. v.The Controller Of Patents And Designs Anr.
Oyster Point Pharma Inc. appealed the rejection of its patent application by the Assistant Controller, which cited prior art under Sections 2(1)(ja) and 3(d) of the Patents Act, 1970. The appellant argued that the mono-citrate salt demonstrated enhanced efficacy and stability, supported by experimental data filed during prosecution. The High Court found that the Controller failed to consider this crucial evidence regarding efficacy and stability.
The Raring Corporation And Anr v.Neogie Engineering Works Pvt Ltd
The petitioners sought interim protection against the respondent for copying their registered design, 'Sonic Nozzle', which is an essential component of their dust suppression system. The dispute centered on whether the respondent's product infringed the petitioner's protected shape and configuration, or if the design was purely functional and therefore unprotectable.
Guangdong Oppo Mobile Telecommunications Corp., Ltd. v.The Controller of Patents and Designs
Oppo Mobile appealed the rejection of its patent application for a novel charging system and power adapter. The appellant contended that the rejection lacked reasons, failed to appreciate the requirements for novelty/inventiveness, and violated procedural rules by not issuing a Second Examination Report after amendments. The High Court allowed the appeal and remanded the matter back to the Controller for fresh consideration.
Decco Worldwide Post Harvest Holdings B.V v.The Controller of Patents and Designs
The appellants appealed against the Assistant Controller's rejection of their patent application for a fungicidal treatment using Ortho-phenyphenol (OPP) to treat black sigatoka in banana plants. The Controller rejected the application citing lack of novelty, inventive steps, and non-patentability under Section 3(h).
Google Llc v.Assistant Controller Of Patents And Designs
Google LLC appealed the rejection of its patent application concerning a method and system for capturing panoramic images. The core contention was that the Patent Office failed to examine the amended claims under Section 13(3) of the Patents Act, 1970, leading to an unsustainable rejection order.
Cambridge Enterprises Ltd. v.The Controller General Of Patents And Designs And Anr
The appellant challenged an order from the Deputy Controller of Patents & Designs that refused Patent No. 2216/KOLNP/2009, claiming it was filed beyond the statutory time limit. The court examined the filing records and found that the application was correctly filed on June 5, 2009, within the stipulated deadline.
Ust Global (Singapore) Pte Ltd v.The Controller Of Patents And Designs and Anr.
Ust Global appealed the rejection of its application for registering a design titled "Touch Screen," which was a Graphical User Interface (GUI). The Controller rejected it, arguing that GUI is incapable of design registration because it is software-based and only visible when the product is operating. The High Court set aside this order, finding that GUI qualifies as an industrial process applied to an article and is registrable.
Medtronic Xomed, Inc v.Controller General Of Patents, Designs and Trademarks And Anr
The Calcutta High Court addressed an opposition matter (OA/4/2018/PT/KOL) involving Medtronic Xomed, Inc. The court noted that no counsel appeared for the appellant on the hearing date. Consequently, the matter was adjourned to March 30, 2023, with specific directions issued to the respondent authorities to serve a copy of the application on the appellant and file an Affidavit of Service.
Inreco Entertainment Private Limited v.M/S. Nav Records Private Limited (Nupur Audio)
The Calcutta High Court admitted the plaint filed by Inreco Entertainment Private Limited against M/S. Nav Records Private Limited. The court granted necessary procedural leaves and dispensed with certain requirements due to the urgency pleaded in the case.
XY LLC v.The Asst .Controller Of Patents And Designs and Anr
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in April 2023.
Pentraxin Therapeutics Limited v.Controller General of Patents, Designs and Trademarks and Anr.
This case involves Pentraxin Therapeutics Limited challenging matters before the Controller General of Patents. The High Court at Calcutta received this matter via transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Commercial Appellate Division to issue notices and file a report, setting the stage for further litigation.
Battelle Memorial Institute v.Controller General of Patents, Designs and Trademarks and Anr.
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices to both parties and file a report before proceeding with the case. Liberty was also granted for either party to apply for an early hearing.
Maruishi Pharmaceutical Co Ltd v.Deputy Controller Of Patents and Designs (Hearing Officer) and Anr
The case was received by the Calcutta High Court upon transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter for March 2023.
Glaxosmithkline Llc v.Controller General Of Patents And Designs And Anr.
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.
JW Pharmaceutical Corporation (Formerly Choongwae Pharma Corporation) v.Controller General of Patent and Designs and Anr
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices to both parties and file a report before listing the matter in March 2023.
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