India Patent Cases

4,909 decisions indexed

Page 135 of 164 · 4,909 total

patent remanded · Feb 23, 2017

Krishna Plastic Industries v.Controller Of Patents And Designs & Ors.

Calcutta High Court · 115310498

Krishna Plastic Industries appealed against an order allowing the cancellation of its registered design for a 'plastic seal'. The High Court found that the Deputy Controller failed to properly examine and reason regarding the distinctive surface pattern, which was claimed as the source of novelty. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration.

patent defendant favorable · Feb 16, 2017

Aia Engineering Limited v.Bharat Heavy Electricals Ltd (Bhel)

Delhi High Court · 40673524

Aia Engineering Limited filed a civil suit alleging that the third defendant infringed its patent (IN'740) related to wear-resistant metal parts used in industrial applications. The defendants challenged the jurisdiction of the Delhi High Court, arguing that the substantial cause of action arose outside Delhi.

patent defendant favorable · Feb 16, 2017

Atul Narsibhai Patel v.Assistant Controller Of Patents And Designs & Anr.

Calcutta High Court · 133969986

The petitioner appealed against the cancellation of Design No. 211639 (a seal for packaging). The Assistant Controller cancelled the registration finding that the design was not new or original because its features were strikingly similar to prior published and registered designs, specifically nos. 179570 and 205871.

patent defendant favorable · Feb 10, 2017

Franco-Indian Pharmaceuticals Pvt. Ltd. v.Lupin Ltd And Anr

Bombay High Court · 65149136

The Bombay High Court dismissed the appeal filed by Franco-Indian Pharmaceuticals against the refusal of interim relief. The dispute centered on alleged infringement and passing off concerning the medicinal preparation DEXORANGE, whose packaging and trade mark were copied by the respondents (Lupin Ltd And Anr). Despite strong claims regarding identical artistic work and deceptive similarity, the court found no immediate case for injunction after an 11-year delay in seeking relief. However, the court directed that the original suit be expedited, keeping all core issues of infringement and passing off open for future adjudication.

patent plaintiff favorable · Feb 2, 2017

Beckman Coulter Biomedical, LLC v.Union of India

Madras High Court · 155848966

The petitioner challenged an order by the Controller of Patents & Designs which returned its subject patent application (PCT/US2011/035420) on the grounds that the mandatory 31-month deadline for nationalization had expired. The petitioner argued that technical errors led to the delay and sought judicial intervention.

patent mixed · Feb 2, 2017

Abhoy Kumar Jain v.Vrajlal Manilal & Company And Others

Delhi High Court · 58954738

The Delhi High Court intervened in a dispute over trademark rectification, setting aside an ex parte order passed by the Intellectual Property Appellate Board (IPAB). The petitioner successfully argued that the original decision failed to consider their statement of defense and material evidence. Consequently, the court restored the petitioner's mark 'Tufan' on the register and remitted the case back to the IPAB for a fair reconsideration, emphasizing procedural fairness over substantive merits.

patent interim order · Jan 19, 2017

Park Jeong Tae v.Hem Kund Sprayers

Delhi District Court · 90924718

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.

patent defendant favorable · Jan 17, 2017

Atul Narsibhai Patel v.The Assistant Controller Of Patents & Designs & Ors.

Calcutta High Court · 50714151

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.

patent No outcome · Jan 11, 2017

Female Health Company Uk Plc v.Hll Lifecare Limited

Kerala High Court · 59724086

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.

patent plaintiff favorable · Jan 11, 2017

M/s. Eris Life Science Pvt.Ltd. v.M/s. Micro Labs Ltd

Madras High Court · 81374492

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.

patent defendant favorable · Jan 3, 2017

Apl Apollo Tubes Ltd. v.Surya Roshni Limited

Delhi High Court · 168489488

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.

patent plaintiff favorable · Dec 15, 2016

Tata Sons Limited v.Ram Niwas & Ors

Delhi High Court · 97471788

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.

patent plaintiff favorable · Dec 6, 2016

Mandev Tubes Pvt. Ltd v.Kalpesh R. Jain And 2 Ors

Bombay High Court · 45075169

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.

patent defendant favorable · Nov 21, 2016

Intouch Leather House India Pvt. Ltd v.Ishaan Overseas

Bombay High Court · 193126886

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.

patent plaintiff favorable · Nov 15, 2016

Cadila Healthcare Limited v.P.Ramu Trading as Skylane Pharmaceuticals

Madras High Court · 172863814

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.

patent plaintiff favorable · Nov 10, 2016

Apex Laboratories Limited v.India Pharmaceuticals

Madras High Court · 120660568

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.

patent defendant favorable · Nov 7, 2016

Novartis Ag v.Atoz Pharmaceuticals Pvtltd

Madras High Court · 2464994

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.

patent plaintiff favorable · Nov 4, 2016

Flamagas, Sa v.Sunder & Ors

Delhi High Court · 63003250

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.

patent mixed · Oct 19, 2016

Sangeetha Caterers And Consultants v.S.M.Subbaiah

Madras High Court · 199320662

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.

patent plaintiff favorable · Oct 18, 2016

Bristol Myers Squibb Holdings Ireland v.Sanjay Jain

Delhi High Court · 51958093

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.

patent defendant favorable · Oct 5, 2016

Reckitt Benckiser Australia Pty. Ltd. v.Controller Of Patents And Designs & Ors.

Calcutta High Court · 164583411

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.

patent plaintiff favorable · Sep 19, 2016

3M Innovative Properties Ltd v.Venus Safety & Health Pvt Ltd

Delhi High Court · 194174010

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.

patent settled · Sep 15, 2016

DLF Limited v.G Webbook And Anr

Delhi High Court · 83525305

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.

patent defendant favorable · Sep 14, 2016

M/s. INPHASE POWER TECHNOLOGIES PRIVATE LIMITED v.M/s. ABB INDIA LIMITED

Karnataka High Court · 137445049

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.

patent dismissed · Sep 12, 2016

Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited

Madras High Court · P118635026

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.

patent dismissed · Sep 12, 2016

Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited

Madras High Court · 51469377

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.

patent settled · Sep 8, 2016

Eneroil Offshore Drilling Ltd v.Centek Limited

Delhi High Court · 46338659

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.

patent plaintiff favorable · Sep 6, 2016

M/S Johnson Appliances (P) Ltd. v.H.E. Industries & Ors.

Delhi High Court · 161130862

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.

patent defendant favorable · Sep 2, 2016

Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.

Calcutta High Court · P190233865

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.

patent defendant favorable · Sep 2, 2016

Yash Plastomet Pvt. Ltd. v.The Assistant Controller Of Patents & Designs & Anr.

Calcutta High Court · 53627838

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.

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