India Patent Cases
4,815 decisions indexed
Page 132 of 161 · 4,815 total
Park Jeong Tae v.Hem Kund Sprayers
The plaintiff, Park Jeong Tae, sought a permanent injunction against the defendant, Hem Kund Sprayers, for infringing his registered patent (No. 254374) related to an injection moulded cleaning solution pump for chemical sprayers, marketed as 'Super-2000 Gold Sprayer'. The plaintiff also alleged passing off and copyright infringement on packaging. Based on a prima facie case, the court granted an ad-interim ex-parte injunction and appointed a Local Commissioner.
Atul Narsibhai Patel v.The Assistant Controller Of Patents & Designs & Ors.
The petitioner appealed against the cancellation of his registered seal design (Design No. 200628). The dispute centered on whether the design lacked novelty or originality due to its similarity to features depicted in an earlier tender document published by the Gujarat Electricity Board. The High Court upheld the Assistant Controller's decision, finding that the prior publication defeated the right of registration.
Female Health Company Uk Plc v.Hll Lifecare Limited
The case involves a dispute regarding the patent granted for a female condom manufactured by the respondent. The petitioner is contesting the validity and implications of the patent.
M/s. Eris Life Science Pvt.Ltd. v.M/s. Micro Labs Ltd
The Madras High Court ruled in favor of staying a trademark infringement suit when a rectification application concerning the registered mark is pending before the Intellectual Property Appellate Board (IPAB). The court clarified that the right to file for trademark rectification is a statutory right and cannot be curtailed by requiring prior leave or prima facie satisfaction from the civil court. Given the similarity between the marks and the pendency of the IPAB proceedings, the suit was stayed.
Apl Apollo Tubes Ltd. v.Surya Roshni Limited
The plaintiff filed a suit alleging infringement of its registered design for a Hollow Section Pipe. The defendant contested the claim, arguing that the design lacked novelty, was common to trade, and was based on pre-existing prior art. The court dismissed the interim application in favor of the defendant.
Tata Sons Limited v.Ram Niwas & Ors
The Delhi High Court ruled in favor of Tata Sons Limited, granting permanent injunctions against Ram Niwas & Ors for trademark infringement and passing off. The court found that the defendants were deceptively using the mark 'TATA' and the domain name 'www.tatapackers.com' to associate themselves with the well-known TATA brand in the transport and logistics sector. Furthermore, the defendants were ordered to transfer the infringing domain name to Tata Sons Limited.
Mandev Tubes Pvt. Ltd v.Kalpesh R. Jain And 2 Ors
The Plaintiff, Mandev Tubes Pvt. Ltd., sought protection for its registered design (No. 224751) concerning copper tubes, alleging that the Defendants infringed this design and engaged in passing off. The Plaintiff claimed the design was novel and original, featuring an expanded bell shape at one end of the tube.
Intouch Leather House India Pvt. Ltd v.Ishaan Overseas
The Plaintiff, Intouch Leather House India Pvt. Ltd., filed a suit alleging trademark infringement and passing off against Ishaan Overseas for using the mark 'EDMODA' on leather goods. The Plaintiff claimed its mark 'ESBEDA' was deceptively similar. However, the court found that the marks were sufficiently distinct visually and phonetically, leading to the dismissal of the motion.
Cadila Healthcare Limited v.P.Ramu Trading as Skylane Pharmaceuticals
The Madras High Court ruled in favor of Cadila Healthcare Limited, a major pharmaceutical player, finding that the defendant's use of the trademark PANTOSKY constituted infringement against Cadila's registered mark PANTODAC. The court held that PANTOSKY was deceptively similar to PANTODAC, leading to a decree for permanent injunction and damages. This judgment reinforces the protection afforded to well-known pharmaceutical trademarks in the Indian market.
Apex Laboratories Limited v.India Pharmaceuticals
Apex Laboratories Limited filed suit against India Pharmaceuticals alleging infringement and passing off concerning its 'ZINCOVIT' product label. The core dispute centered on whether the defendant's 'BICAL' label was a slavish imitation of the plaintiff's registered artistic work. The court found that the labels were absolutely identical, applying the time-honored test for comparison. Consequently, the suit was decreed in favor of Apex Laboratories Limited, granting permanent injunction and damages.
Novartis Ag v.Atoz Pharmaceuticals Pvtltd
Novartis Ag filed a civil suit seeking a permanent injunction and damages against Atoz Pharmaceuticals Pvt Ltd and Zota Pharmaceuticals Pvt Ltd for alleged infringement of its Indian Patent No. 212815 concerning Vildagliptin API/formulations. The court noted that the defendant had cancelled the product 'VILDAPIN-50' as requested by them, leading to the plaintiffs withdrawing most reliefs.
Flamagas, Sa v.Sunder & Ors
The Delhi High Court ruled in favor of Flamagas, Sa, finding that the defendants were infringing upon its trademarks and designs related to 'Clipper' lighters. The court noted that the defendants failed to participate in the proceedings despite being served, leading to them being proceeded ex parte. Consequently, the suit was decreed for permanent injunction and punitive damages, emphasizing that non-participation by infringers should not allow them to escape liability.
Sangeetha Caterers And Consultants v.S.M.Subbaiah
The Madras High Court addressed a trademark dispute where Sangeetha Caterers And Consultants sought permanent injunction against Defendants for infringing and passing off their registered mark 'APOORVA'S SANGEETHA'. Although the defendants remained ex parte, the court found sufficient evidence to grant injunctions restraining further use of the offending word 'SANGEETHA' and directing the surrender of related materials. However, the claim for damages or accounts of profits was dismissed due to a lack of conclusive evidence from the plaintiff demonstrating direct financial loss.
Bristol Myers Squibb Holdings Ireland v.Sanjay Jain
The plaintiffs, Bristol Myers Squibb Holdings Ireland and its subsidiary, filed a suit seeking permanent injunction and damages for the infringement of their patent (IN 203937) covering the anti-cancer molecule DASATINIB. The defendants were proceeded ex parte due to non-appearance in court.
Reckitt Benckiser Australia Pty. Ltd. v.Controller Of Patents And Designs & Ors.
The appeal challenged the Controller's order dated March 28, 2008, which cancelled three design registrations (184135, 184136, and 184137) belonging to Reckitt Benckiser. The appellant argued that the cancellation proceedings were flawed due to denial of cross-examination. However, the High Court dismissed the appeals, finding no violation of natural justice and upholding the Controller's decision.
3M Innovative Properties Ltd v.Venus Safety & Health Pvt Ltd
The appellant filed a suit seeking permanent injunction against the respondent for infringing their patent related to flat folded personal respiratory protection devices. The lower court had vacated an interim injunction based on prior art cited by the respondents, but the High Court allowed the appeal, finding that the appellants established a strong prima facie case and overturning the order.
DLF Limited v.G Webbook And Anr
DLF Limited successfully concluded its trademark dispute against G Webbook And Anr through an out-of-court settlement. The Delhi High Court decreed the suit based on this compromise, where the defendants acknowledged DLF as the prior adopter and registered proprietor of 'CAMELLIA' and 'CAMELLIAS'. Furthermore, the defendants committed to refraining from using similar marks like 'GRAND CAMELLIA', effectively resolving the infringement claims.
M/s. INPHASE POWER TECHNOLOGIES PRIVATE LIMITED v.M/s. ABB INDIA LIMITED
The appeal was filed by the defendants (M/s Abb India Limited) challenging the trial court's order that allowed temporary injunctions against them regarding patent infringement and misappropriation of confidential information. The High Court upheld the lower courts' findings, dismissing the appeals.
Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited
The plaintiffs filed a suit seeking permanent and mandatory injunction, along with damages, against the defendants for infringing their patent (No. 224911) related to multilevel car parking. The parties subsequently filed a joint withdrawal memo.
Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited
The plaintiffs filed a suit seeking permanent and mandatory injunctions, along with damages, against the defendants for infringing their patent (No. 224911) related to multilevel car parking. The parties subsequently filed a joint withdrawal memo before the court.
Eneroil Offshore Drilling Ltd v.Centek Limited
The suit concerning patent infringement was pending between Eneroil Offshore Drilling Ltd and Centek Limited. The parties subsequently reached an out-of-court settlement, which involved the plaintiff undertaking not to use Boron steel or its equivalent for manufacturing single piece centralizers.
M/S Johnson Appliances (P) Ltd. v.H.E. Industries & Ors.
The Delhi High Court ruled in favor of M/S Johnson Appliances, finding that the defendants infringed upon the registered trademark 'JOHNSON' in relation to electric water heaters. The court extensively reviewed the historical chain of title, confirming the plaintiff's continuous ownership and rights over the mark since 1960. Despite the defendant's reliance on an alleged license agreement, the court held that the defendants lacked any valid rights to use the mark for these specific goods, granting a permanent injunction.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
Yash Plastomet Pvt. Ltd. appealed the dismissal of its application to cancel Design No. 187706 (a 'Container'). The appellant argued that the design was not new because it had been previously published in October 1997 and registered earlier. The High Court dismissed the appeal, upholding the Controller's order, finding no sufficient evidence of prior publication or novelty.
Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.
The appellant challenged the registration of Design No. 180660 ('Container Lid'), arguing that it was neither new nor original, having been previously registered (Design Nos. 177677 and 177678) and prior published in 1997. The respondent argued that Design No. 180660 possessed distinct features making it novel compared to the earlier designs. The High Court upheld the lower authority's finding, concluding that Design 180660 was new and original.
R. Muralidharan v.The Secretary, Ministry of Law and Justice; The Secretary, Ministry of Commerce and Industry; The Secretary, Ministry of External Affairs; The Controller General of Patent and Designs and Trademark
This writ petition challenged a public notice issued by the Controller General of Patents regarding PCT National Phase Applications in India. The petitioner argued that this notice restricted applicants from amending their specifications before entering the national phase, thereby denying rights granted under Sections 57 and 59 of the Patents Act. The core dispute centered on whether procedural restrictions related to filing fees should be subject to judicial review. The High Court ultimately dismissed the petition, holding that the matter was a procedural issue best left to the experts and the Central Government's power regarding fee determination.
Times Publishing House Ltd. v.Financial Times Ltd & Ors.
The Delhi High Court dismissed the appeals filed by Times Publishing House Ltd. against Financial Times Ltd, addressing challenges related to the validity and rectification of the 'FT' trademark. The judgment clarified the interplay between civil suit proceedings and IPAB rectification petitions under Section 124 of the Trade Marks Act. Crucially, the court noted that since the IPAB had already ruled in favor of the respondent regarding the mark's validity, the issues raised by the appellant became academic, leading to the dismissal of both appeals.
Controller Of Patents & Designs v.Deputy Registrar, Intellectual Property Appellate Board
The Controller of Patents & Designs challenged an order by the Intellectual Property Appellate Board (IPAB) which had allowed the appeal of respondents against the rejection of a patent application. The dispute centered on whether the Controller failed to exercise proper discretion, specifically concerning the insufficient fee paid for all claims in the application.
M/s.Cavinkare Pvt. Ltd. v.Hindustan Unilever Ltd.
The suit was filed by M/s.Cavinkare Pvt. Ltd. seeking a declaration that its cosmetic composition did not infringe Patent No.169917 and requesting a permanent injunction against Hindustan Unilever Ltd. The court found that the subject patent had already expired in 2009, rendering the claims of infringement and the request for an injunction moot.
Merus N.V v.Assistant Controller of Patents and Designs, Government of India
Merus N.V appealed the rejection of its Indian Patent Application No. 467/CHENP/2011 by the Assistant Controller, which had been based on non-patentability grounds (Section 3(i) and 3(j)). The appellant argued that the amendments were permissible as they merely refined the claim to nucleic acid molecules while retaining the core invention. The High Court found merit in the appellant's argument regarding the scope of amendments.
M/S Allied Blenders & Distillers Pvt Ltd v.R.K. Distilleries Pvt Ltd
M/S Allied Blenders & Distillers Pvt Ltd filed a suit against R.K. Distilleries Pvt Ltd seeking permanent injunction and damages for alleged infringement and passing off of its trademark 'Officer's Choice'. The plaintiff asserted extensive goodwill, registered trademarks across multiple classes, and proprietary rights in the associated trade dress. However, the court ultimately dismissed the application on jurisdictional grounds, noting that the cause of action arose primarily outside Delhi (e.g., Andhra Pradesh), despite the plaintiff having a branch office there.
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