India Patent Cases
2,847 decisions indexed
Page 12 of 95 · 2,847 total
Otsuka Pharmaceuticals Co.Ltd. v.Controller General Of Patents, Designs And Trademarks and Anr.
Otsuka Pharmaceuticals appealed a decision by the Deputy Controller of Patents which rejected its application for a patent related to aripiprazole microspheres. The core contention raised by Otsuka was that the rejection order lacked any reasoned justification, failing to discuss the invention or adequately address prior art documents (D1, D2, D3). The Calcutta High Court agreed with this assessment, finding the impugned order unreasoned and unsustainable.
Asian Paints Limited v.Ram Babu
Asian Paints Limited challenged the High Court's decision that barred its ability to appeal a criminal acquittal concerning counterfeit products. The case originated from an incident where the company found unauthorized, similar-looking paint in the market. The Supreme Court addressed the core legal question of whether the company, as the rights holder and victim of IP infringement (trademark and copyright), could utilize the provisions of Section 372 CrPC to challenge the acquittal. The apex court held that the proviso creates a substantive right for victims, allowing the appeal to be restored.
Mold Tek Packaging Limited v.Pronton Plast Pack Pvt. Ltd.
Mold Tek Packaging Limited challenged a Commercial Court order that had vacated an ad-interim injunction restraining Pronton Plast Pack Pvt. Ltd. from manufacturing and selling products infringing Mold Tek's patents (IN 4014173 and IN 2987244). The suit patents relate to tamper-evident lid closure systems used for food containers. The Delhi High Court set aside the impugned order, finding that the Commercial Court had erred in its application of legal principles regarding infringement. Consequently, the original injunction was restored to remain in operation pending a fresh consideration by the lower court.
Vijay v.Havells India Limited
This order addresses procedural matters concerning a suit filed by an unnamed plaintiff against Vijay, which involves claims of trademark infringement, copyright violation, passing off, and unfair trade practices. The petitioner (Vijay) is defending this suit, and the court directed that the petition be formally registered as CM (Main) (IPD) to ensure proper handling within the Intellectual Property Division of the High Court.
Natco Pharma Limited v.Array Biopharma Inc & Anr.
Natco Pharma Limited filed a revocation petition against Indian Patent IN304285 before the Delhi High Court. The court also addressed several interlocutory applications filed by the petitioner regarding document submission and extensions, while formally initiating the main revocation proceedings.
Dolby International Ab v.Lava International Limited
Dolby filed a suit claiming infringement of its SEPs related to AAC technology against Lava. During negotiations, which failed, Dolby sought interim relief and the court directed Lava to provide security. The court subsequently ordered Lava to deposit or guarantee INR 20,08,06,293.92 covering past sales (2019-2024) as a pro tem measure.
Hero Investcorp Private Limited & Anr. v.Kapoor Bike Point
The Delhi High Court granted several interim reliefs in favor of Hero Investcorp Private Limited & Anr. against Kapoor Bike Point, affirming the seriousness of the alleged IP infringements. The court exempted the plaintiffs from pre-litigation mediation and advance service to the defendant, recognizing the urgent need for protection due to potential consumer deception. Crucially, the Court granted an injunction based on trademark and copyright infringement claims, allowing for a Local Commissioner to conduct a search and seizure operation at the defendant's premises.
Ram Roop Singh Trading As M/S Durga Trading Co. v.Girjesh Singh Trading As M/S Murli Trading Co.
Ram Roop Singh Trading As M/S Durga Trading Co. filed a commercial suit against Girjesh Singh Trading As M/S Murli Trading Co., alleging infringement of trademarks and copyrights related to edible products. The Delhi High Court addressed several interlocutory applications, granting the plaintiff exemption from pre-litigation mediation due to the potential health risks associated with substandard goods. Furthermore, the court condoned a delay in re-filing the suit, allowing the main plaint seeking permanent injunction for infringement to be registered and listed before the court.
Tvs Motor Company Limited v.The Deputy Controller of Patents and Designs, The Patent Office
TVS Motor Company appealed the rejection of its Indian Patent Application No. 784/CHE/2012 for an 'Accelerator Safety Control Device'. The Controller rejected the application citing lack of inventive step based on prior art documents D1-D3, which were primarily related to four-wheeler vehicles. The High Court set aside the impugned order and remanded the matter for reconsideration.
Adventia Pharma, S.L & Anr. v.The Assistant Controller of Patents and Designs
Adventia Pharma appealed against the Assistant Controller's order dated January 29, 2025, which refused to grant a patent for Indian Patent Application No. 202117035025. The court allowed applications for exemption and condonation of delay before directing parties to file synopsis and list the case.
Gruner Ag v.Guangxi Ramway Technology Co. Ltd.
The plaintiff filed a suit seeking permanent injunctions and damages against the defendants for alleged patent infringement. The court registered the plaint as a suit, issued summons, and set timelines for filing written statements and replication. Various interim applications regarding stay, additional documents, and directions to Customs were also addressed.
Albemarle Corporation v.The Controller Of Patents
Albemarle Corporation appealed the refusal of its patent application (No. 2897/DELNP/2012) by the Controller of Patents, which cited lack of novelty and inventive step. During the appeal, the appellant sought to file an auxiliary claim set restricting the scope to a process aspect for cleaning polyurethane foam. The Court allowed this amendment and remanded the matter for fresh examination.
Oramed Ltd. v.The Controller General Of Patents And Designs & Anr.
Oramed Ltd. appealed against an order refusing patent grant for its oral insulin composition. The appeal contended that the Deputy Controller made arbitrary omissions of prior art documents and ignored crucial technical data and expert testimony when assessing inventive steps under Section 3(e) of the Patents Act, 1970.
Conqueror Innovations Private Limited v.Xiaomi Technology India Private Limited
The plaintiffs filed a suit seeking permanent and interim injunction against Xiaomi for allegedly infringing their patented technology, 'A Communication Device Finder System', which is listed as a Standard Essential Patent (SEP). The court dismissed both applications for interim injunction, citing the plaintiff's failure to establish a prima facie case of infringement and noting an inordinate delay in filing the suit.
Saurer Technologies GmbH & Co. KG. v.Jingwei Textile Machinery Co., Ltd.
Saurer Technologies GmbH & Co. KG. filed a Commercial IP Suit alleging that Jingwei Textile Machinery Co., Ltd. was infringing its patent related to textile machinery. The suit sought an injunction, based on products being imported and used in Pune, Maharashtra. However, the defendant challenged the court's territorial jurisdiction, arguing that the cause of action arose outside the Bombay High Court's purview. Consequently, the court allowed the application for return of the plaint, dismissing the amendment request as well.
Msn Laboratories Private Limited v.Array Biopharma, Inc & Anr.
The petitioner filed a petition seeking revocation of Indian Patent No. IN304285 ('ERBB Inhibitors') granted to Respondent No. 1 under Section 64 of the Patents Act, 1970. The court also addressed several interlocutory applications regarding filing documents and extensions of time.
Yiwu Kemei Electric Appliance Co. Ltd v.Registrar Of Trademarks And Anr
The Delhi High Court addressed several procedural applications in the trademark appeal case, Yiwu Kemei Electric Appliance Co. Ltd vs Registrar Of Trademarks And Anr. The court allowed the appellant to withdraw a previously filed review petition. Crucially, the court also condoned a delay of 62 days in filing the main appeal (C.A.(COMM.IPD-TM) 12/2025). Following these procedural orders, the case was listed for final hearing on May 27, 2025.
Hero Investcorp Private Limited & Anr. v.Gunwal Sports
The Delhi High Court granted an ex parte injunction in favor of Hero Investcorp Private Limited against Gunwal Sports concerning alleged trademark and copyright infringement. The court recognized the public interest risk associated with consumer deception regarding the 'HERO' brand merchandise. Furthermore, the plaintiffs were allowed to proceed without pre-litigation mediation or advance service, enabling the immediate appointment of a Local Commissioner for search and seizure of evidence.
Communication Components Antenna Inc v.Ace Technologies Corp.
The plaintiff, Communication Components Antenna Inc., filed a suit seeking permanent injunction against Ace Technologies Corp. for infringing Indian Patent No. 240893 related to cellular base station components. Despite previous orders requiring deposits/bank guarantees from the defendants, the court found that the defendants' financial position was precarious and their non-compliance undermined the plaintiff's rights. Consequently, the court directed the defendant to deposit a substantial amount as security.
Kroll Information Assurance, Llc v.The Controller General Of Patents, Designs And Trademarks and Ors
Kroll Information Assurance, LLC appealed the refusal of its patent application concerning a Peer-to-Peer Network search system. The Controller had rejected the application primarily on grounds that it fell under the excluded subject matter of 'computer program per se' and 'algorithm' as defined by Section 3(k) of the Patents Act. The Delhi High Court upheld this rejection, concluding that the invention merely performs conventional search functions without demonstrating a demonstrable technical advancement to the hardware. Consequently, the appeal was dismissed.
Srinivas Jegannathan v.The Controller of Patents
The appellant challenged the Controller's order rejecting Patent Application No. 122/CHE/2006 for a novel antibiotic formulation (Ceftazidime, Tazobactum, and Linezolid). The appellant argued that the combination was not obvious from prior art. The High Court set aside the rejection order and remanded the matter for reconsideration based on the original claims.
Kabushiki Kaisha Toyota Jidoshokki v.Lmw Limited
The plaintiff sought an interim injunction against the defendant for using products allegedly infringing Indian Patents IN2447593 and IN3948834. The court focused only on IN2447593 (Spinpact) and found that since this patent had already expired on May 24, 2025, it could not grant an effective restraining order.
Dong Yang Pc, Inc v.Controller Of Patents And Designs
Dong Yang Pc, Inc appealed the rejection of its patent application (No. 2554/DEL/2013) by the Controller of Patents and Designs. The rejection was based on a lack of inventive step in view of prior art D-5. The High Court set aside the impugned order and remanded the matter for fresh consideration.
Goodfaith Holding Private Limited v.M/S Supreme Wood Products Private Limited
The appeal challenges a previous judgment where the defendant's application for revocation of leave granted to the plaintiff under Clause 12 of the Letters Patent was allowed, leading to the dismissal of the suit. The respondent questioned the maintainability of this appeal.
Shaperon Inc. v.The Controller General Of Patents And Designs, Mumbai and Anr.
Shaperon Inc. appealed an order passed by the Deputy Controller regarding its patent application for a biological surfactant used as an anti-inflammatory agent and tissue preservative solution. The appellant contended that the Deputy Controller failed to consider expert evidence provided by Dr. Seung-yong Seong, violating principles of natural justice. The High Court found the impugned order unsustainable due to this omission.
Nandamuri Sri Lakshmi Bhavani v.Deputy Controller of Patents
The appellant, Nandamuri Sri Lakshmi Bhavani, filed a Civil Miscellaneous Appeal (Patents) challenging an order passed by the Deputy Controller of Patents on January 20, 2025, seeking to allow her Indian Patent Application Number 201941026810. During the hearing, the appellant's counsel informed the court that she would withdraw this appeal and file a new appeal against an earlier order dated February 2, 2023.
Shaperon Inc. v.The Controller General Of Patents And Designs, Mumbai and Anr.
Shaperon Inc. appealed an order passed by the Deputy Controller of Patents & Designs, Kolkata, challenging its validity. The appellant contended that the Deputy Controller failed to consider crucial expert evidence provided by Dr. Seung-yong Seong regarding the invention's technical advancement and advantages. The High Court found the impugned order unsustainable due to this procedural lapse.
Kamterter Products Llc v.The Assistant Controller Of Patents
Kamterter Products Llc appealed against an order rejecting its patent application (IN 1044/KOLNP/2010) for a 'SEED TESTING METHOD AND APPARATUS' under Section 15 of the Patent Act, 1970. The appellant contended that the rejection order was devoid of reasoning and violated principles of natural justice. The High Court allowed the appeal, setting aside the impugned order.
ITC Ltd v.The Controller Of Patents Designs And Trademark
ITC Ltd appealed a rejection order issued by The Controller of Patents Designs and Trademark regarding its patent application for an 'Electronic Aerosol Generating Device'. ITC contended that the rejection was based on technical materials not provided to them, violating principles of natural justice. Given this procedural lapse, the High Court allowed the appeal, setting aside the original rejection and remanding the matter back to the Controller for a fresh hearing.
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.
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