Prathiba M. Singh
475 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
475 cases indexed | Page 12 of 16
Novartis Ag v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction against Msn Laboratories Private Limited for alleged infringement of Patent No. 237430 (Inhibitors of Tyrosine Kinases). The dispute centered on whether the Department of Pharmaceuticals' public notice constituted government authorization to manufacture the drug Nilotinib. The court, without considering the merits of infringement or validity, directed that Msn Laboratories must provide four weeks' advance notice before commencing commercial production.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction and damages against Centurion Remedies Private Limited for infringing Indian Patent No. 229051 concerning pharmaceutical compositions comprising Valsartan and NEP Inhibitors. The court clarified that the Department's Public Notice was merely to collate local manufacturers and did not constitute Government Authorization under Section 100 of the Patents Act, 1970. Consequently, the suit was decreed granting a permanent injunction against Centurion Remedies.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction and damages against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 233161. The court examined the defendant's affidavit, which claimed no commercial activity related to the patented drug ELTROMBOPAG OLAMINE/ REVOLADE. Furthermore, the Department of Pharmaceuticals clarified that its public notice was merely for collating local manufacturers and did not constitute government authorization under Section 100 of the Patents Act, 1970.
The Regents of the University of California v.Controller General of Patents, Designs & Trademarks & Anr.
The Regents of the University of California filed an appeal challenging the rejection of their patent application, No.10336/DELNP/2013, titled "Blockade Of Inflammatory Proteases With Theta - Defensins." The initial rejections were based on objections under Section 2(1)(ja) and non-patentability under Section 3 of the Patents Act, 1970. After subsequent amendments, the application was rejected again under S. 59 r/w S.15. This order sets out procedural directions for the parties to file replies and written submissions before the next hearing.
Novartis Ag v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction and damages against MSN Laboratories for alleged infringement of Patent No. 283133 concerning Pyrrolopyrimidine compounds. The dispute also involved whether a public notice issued by the Department of Pharmaceuticals constituted government authorization to manufacture the patented drug, Ribociclib.
Patanjali Aryurved Limited v.Raj Mandir Retails Private Limited And Ors
The Delhi High Court addressed a trademark infringement suit concerning the 'PATANJALI' brand, specifically 'PATANJALI COW'S GHEE'. While the Plaintiff sought strict enforcement against alleged counterfeiters, the court opted for an amicable resolution approach. The parties, including Defendant No.1 (Raj Mandir Retails Private Limited) and Defendant No.3, were referred to the Mediation Centre. Furthermore, the Court granted interim relief allowing Defendant No.1 to exhaust its existing genuine stock while seeking a structured path toward resolving the dispute.
Shakthi Fashion & Anr. v.Burberry Limited
The Delhi High Court addressed a revision petition challenging the dismissal of an application to reject a plaint based on territorial jurisdiction in a trademark infringement suit. The court examined whether the cause of action had arisen within its jurisdiction, considering both past incidents in Bangalore and ongoing activities in New Delhi. While acknowledging the plaintiff's claims regarding online sales (IndiaMart) and local solicitation in Delhi, the High Court ultimately dismissed the revision petition, stating that the question of territorial jurisdiction is a mixed question of fact and law requiring evidence at trial.
Ht Media Limited & Anr. v.Www.Hindustantimes.Tech & Anr.
The Delhi High Court granted permission to HT Media Limited to proceed against the infringing domain name www.hindustantimes.tech in a suit covering copyright, trademark, and passing off. The court found that the impugned website was deceptively similar to the Plaintiffs' established brand 'Hindustan Times' and was reproducing their copyrighted content. Crucially, the judgment provided a strong enforcement mechanism by directing the communication of the order to ICANN, leveraging Registrar Accreditation Agreement clauses to ensure compliance from domain registrars.
Merck Sharp And Dohme Corp v.Beaukev Pharma International Pvt. Ltd
Merck Sharp And Dohme Corp filed a suit seeking permanent injunction against Beaukev Pharma International Pvt. Ltd for infringing its registered patent (IN'816) related to Sitagliptin. The dispute was subsequently settled under the Delhi High Court Mediation and Conciliation Centre.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the rejection of its patent application for "ghosted synchronization" by the Assistant Controller of Patents & Designs. The rejection was primarily based on non-patentability under Section 3(k). The Court directed the Assistant Controller to submit a comprehensive report addressing the objections raised in the First Examination Report.
Semco Infratech Pvt Ltd v.Simla Chemicals Pvt Ltd
This Delhi High Court judgment resolves a trademark dispute between Simla Chemicals (owner of SIMCO) and Semco Infratech (using SEMCO). The parties reached an amicable settlement, leading the court to decree the original suit in terms of this agreement. Under the settlement, Simla retains ownership of 'SIMCO' but is permitted to expand its product range, while Semco can continue using 'SEMCO' for specific goods and services, provided they pursue necessary registrations. The ruling provides a clear path forward for both parties to operate without ongoing litigation.
M/S Subros Educational Society v.Union Of India
The Delhi High Court allowed an appeal filed by M/S Subros Educational Society against the refusal of registration for its trademark 'SBS World School'. The court found that the Registrar failed to properly consider the Appellant's existing registrations for similar marks under 'SBS' in Class 41. Consequently, the refusal order was set aside, and the matter was remanded back to the Registrar of Trademarks for fresh consideration.
Novartis Ag v.Msn Laboratories Pvt Ltd
The case involves a dispute over the infringement of a patent related to the drug Pazopanib Hydrochloride. The Plaintiff claims that the Defendant manufactured stock during the patent's lifetime, while the Defendant argues that they launched the product only after the patent expired.
Radico Khaitan Ltd v.The Registrar Of Trade Marks
The Delhi High Court heard an appeal filed by Radico Khaitan Ltd challenging the rejection of its trademark application for "EFKAY'S FIVE STAR MYSORE BRANDY." The court found that the Senior Examiner failed to properly consider the Appellant's existing assigned rights in 'EFKAY'S.' While this addressed the Section 11 objection, the court remanded the matter back to the Registrar. The examiner must now reconsider the application based on the remaining descriptive elements of the mark, ensuring a fair hearing for the appellant.
Radico Khaitan Ltd. v.Registrar Trade Marks
Radico Khaitan Ltd. appealed the rejection of its trademark application 'EFKAY'S XXX RUM (DEVICE)' by the Registrar of Trademarks, citing conflicts with existing marks. The appellant argued that several related 'EFKAYS' series marks had been legally assigned to them. The Delhi High Court acknowledged the arguments and directed all related appeals concerning similar mark rejections to be listed together for a comprehensive hearing.
Makind Pharma Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed Makind Pharma Limited's appeal against the rejection of its trade mark application for "DON'T WORRY" in Class 3. The court held that, given the Appellant's existing registrations of the mark across various classes, the refusal based solely on lack of distinctiveness was unwarranted. The application was permitted to proceed for advertisement before acceptance, provided it is associated with the registered trademark 'MANKIND'S DON'T WORRY', and no exclusive rights are granted in the words 'DON'T' or 'WORRY' alone.
Northland Rubber Mills v.Varun Mahajan & Anr.
Northland Rubber Mills filed a civil suit seeking an injunction against Varun Mahajan and others to prevent the use of the trademark 'NORTHLAND' or similar marks. The plaintiff asserted ownership based on historical adoption dating back to 1972. However, the defendants argued that Defendant No. 1 had rights as a legal heir and ex-partner of the firm. The court registered the suit and issued notice for the injunction application, setting the stage for further arguments.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed the rejection of its patent application (l026/DEL/2012) by the Controller of Patents, Chennai. The rejection was based on Section 3(i) of the Patents Act, 1970. The court ordered a report to be filed regarding novelty and inventive step before further consideration.
Jitendra Kohli v.The Controller Of Patents
Jitendra Kohli appealed the rejection of his patent application concerning an electronic tendering system. The Assistant Controller rejected the application under Section 3(k) for being a business method, based on the original process claims. The High Court found that the Assistant Controller erred by not considering the later-filed amended 'system and process claims', leading to the setting aside of the impugned order.
Sequenom Inc v.The Controller Of Patents
Sequenom Inc appealed the rejection of its patent application (No. 3139/DELNP/2012) by the Assistant Controller of Patents and Designs, which held it non-patentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the invention was a screening test, not a diagnostic test, while the respondent relied on the broad definition of 'Pre-Natal Diagnostic Test' under the PCPNDT Act.
Sandisk Llc v.Jpy Mobile Phone Accessories & Anr.
In a significant ruling concerning trademark infringement, the Delhi High Court addressed persistent violations by JPY Mobile Phone Accessories despite an existing interim injunction. The court found that the defendants continued to sell counterfeit 'SanDisk' products, even after large stocks were seized and returned on superdari. Consequently, the court issued bailable warrants against the promoters of the defendant and directed the police to take custody of all previously inventoried infringing goods for the plaintiff's safe keeping.
Gujarat Cooperative Milk Marketing Federation Ltd v.Sujay Kumar & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Gujarat Cooperative Milk Marketing Federation Ltd (AMUL). The court condoned a delay in filing an amended plaint and allowed Defendant No.1 to participate fully in the proceedings, recalling an earlier ex-parte order. Crucially, the court reiterated previous directions requiring social media platforms like Meta and Google to take down content featuring AMUL's brand or mascot that targets the company in the context of animal cruelty within 36 hours of notification.
Jagran Prakashan Limited v.The Registrar Of Trade Marks, Delhi
Jagran Prakashan Limited appealed the abandonment of its trademark application for 'JAGRAN' in Class 12, which was initiated due to non-filing of a reply to the Examination Report (FER). The Delhi High Court ultimately dismissed the appeal, finding that the appellant had approached the court too belatedly. Despite acknowledging the appellant's existing rights in related marks, the court held that the delay in responding to the FER and filing the present appeal was too long to be condoned.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
The Delhi High Court addressed a complex matter involving the trademark 'FIELD MARSHAL,' which had been pending for decades across multiple forums, including the IPAB. The court set aside an earlier order dismissing the cancellation petition by default, finding that the dismissal was erroneous given the long-standing nature of the dispute and common evidence already led. Consequently, the High Court restored the cancellation petition and consolidated it with the original suit (Suit No. 2408/1985), directing the matter to be listed for final arguments.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 233161, which covers 'ELTROMBOPAG OLAMINE / REVOLADE'. The cause of action arose from an Office Memorandum issued by the Department of Pharmaceuticals indicating that the defendant was included in a list for procuring the patented preparation.
Novartis Ag & Anr. v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction against Msn Laboratories Private Limited for alleged infringement of Indian Patent No. 283133, which covers PYRROLOPYRIMIDINE (RIBOCICLIB). The cause of action arose from an Office Memorandum indicating the government's intent to procure RIBOCICLIB TAB/CAP, and Novartis argued this posed a threat to its patent rights.
Novartis Ag v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction against Msn Laboratories for alleged infringement of its patent (No. 237430) covering Inhibitors of Tyrosine Kinases, specifically related to the drug NILOTINIB/TASIGNA. The dispute arose from an Office Memorandum indicating that the Defendant was being considered by the Department of Pharmaceuticals for manufacturing this patented preparation.
Novartis Ag v.Centurion Remedies Private Limited
Novartis Ag filed a suit seeking permanent injunction against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 229051, which covers pharmaceutical compositions comprising Valsartan and NEP Inhibitors. The cause of action arose from an Office Memorandum issued by the Department of Pharmaceuticals, Ministry of Chemicals & Fertilizers, listing the defendant for procurement of 'SACUBITRIL + VALSARTAN'.
Getaround, Inc. v.Assistant Controller Of Patents And Designs
The appeal challenges the rejection of a patent application for "VEHICLE ACCESS CONTROL SERVICES AND PLATFORM" by the Patent Office, which cited two US patents (D5 and D6) on grounds of lack of inventive step. The appellant argued that their invention differs significantly from the prior arts, particularly regarding communication flow.
Karim Hotels Pvt. Ltd. v.The Registrar Of Trademarks
Karim Hotels Pvt. Ltd. successfully appealed a trademark rejection by The Registrar of Trademarks in the Delhi High Court. The court overturned the Senior Examiner's decision, which had cited lack of distinctiveness and descriptive nature. Recognizing the extensive goodwill and long-standing use of the 'KARIM/KARIM'S' mark since 1913, the court allowed the application to proceed for registration, subject only to association with existing registrations regarding specific descriptive terms.
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