India Patent Cases
2,823 decisions indexed
Page 18 of 95 · 2,823 total
Gilead Sciences Inc. v.Union of India
Gilead Sciences Inc. challenged a hearing notice and subsequent recommendation made by the Patent Office in a post-grant opposition application filed by Low Cost Standard Therapeutics. The petitioner argued that the process violated the Patents Act, 1970, specifically by denying them an opportunity to present evidence. The High Court quashed the impugned notice and the Board's earlier recommendations.
Thales v.Assistant Controller of Patents and Designs
Thales appealed a refusal by the Assistant Controller of Patents and Designs to grant patent for its application No. 8821/CHENP/2012, citing lack of inventive step. The appellant argued that the refusal was based on total non-application of mind, relying on copy-pasted reasoning and irrelevant prior art documents (D1, D2, D3). The High Court quashed the impugned order, finding violations of natural justice, and remanded the matter for fresh consideration.
Ori-Plast Limited v.Molecor Tecnologia S.L.
Ori-Plast Limited sought an injunction against Molecor Tecnologia S.L., which had terminated a license agreement related to the use of the Molecor PVC-O System. The petitioner feared that the withdrawal of remote assistance would cause irreparable loss, while the respondent argued for immediate termination based on alleged breaches of confidentiality and reverse engineering.
Pfizer Inc. v.Everest Pharmaceuticals Limited
The plaintiffs, Pfizer Inc. and its subsidiaries, filed a suit alleging that the defendants unlawfully manufactured, sold, and exported the infringing product 'Tofaxen', which is a generic version of their patented drug Tofacitinib (Xeljanz®). The court found that the defendants collectively infringed the suit patents while they were valid and subsisting. However, since the patents had expired during the pendency of the suit, the plaintiffs did not press for permanent injunction but secured a decree in terms of prayer clause 57(e).
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appellant filed an appeal challenging the refusal by the Assistant Controller to restore Patent No. 403793, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by a family exigency involving its attorney and that the restoration application was filed within the prescribed period. The High Court allowed the appeal, setting aside the impugned order.
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appeal was filed challenging the refusal by the Assistant Controller to restore Patent No. 404239, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by an exigency in the attorney's family and that the restoration application was filed within the permissible period. The High Court allowed the appeal, holding that a granted patent should not be refused solely on procedural lapse if the restoration application is timely.
Vellaisamy Thavamani Pandi v.The Controller of Patents & Designs
The appeal challenged an order dated 28.11.2018 passed by the Controller of Patents & Designs, which refused to grant a patent for 'System for construction of composite U shaped reinforced girders bridge deck' under Section 3 of the Patents Act, 1970. The appellants argued that the refusal was arbitrary because the respondent failed to consider their foreign patents and made contradictory findings regarding inventive step.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company appealed an order from The Controller of Patents and Designs which refused to grant a patent for its innovation, citing lack of inventive step. The appellant argued that the refusal was based on non-speaking orders and failed to properly consider their contentions regarding prior art documents. The High Court quashed the impugned order and remanded the matter back for fresh consideration.
Shanmugavadivel v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by Shanmugavadivel against an order passed by The Registrar of Trade Marks. The core issue was that the Registrar dismissed the appellant's review petition without providing a hearing, despite a scheduled date being fixed. Consequently, the court quashed the impugned order and remanded the matter back to the Registry for fresh consideration on merits after ensuring a fair opportunity to be heard.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company Limited appealed against an order passed by The Controller of Patents and Designs refusing to grant a patent for its innovation, citing lack of inventive step. The appellant argued that the refusal was based on prior art documents without proper reasoning or consideration of their contentions. The Madras High Court quashed the impugned order due to non-application of mind and remanded the matter for fresh consideration.
Swatch Ag And Ors v.Labham Agarwaal and Ors
The Swatch Group (and its associate companies) filed a commercial suit seeking permanent injunction against several defendants for trademark infringement, passing off, and copyright violation related to their luxury watch brands. The court found that the plaintiffs failed to adequately prove their case during the trial, particularly regarding the seized goods and wrappers.
Waterotor Energy Technologies Inc v.Union Of India & Anr.
Waterotor Energy Technologies Inc filed a petition seeking to set aside a deemed abandonment notice concerning its Indian Patent Application (No. 202017037539). The petitioner argued that they never received the communication regarding the First Examination Report (FER) due to coordination issues between patent agents in Canada and India. The Court found that since the deadline was missed due to non-receipt of the FER, it set aside the abandonment order and revived the application.
Draka Comteq B.V v.The Controller Of Patents, Designs And Trademarks
Draka Comteq B.V challenged the refusal of its patent application for 'Multimode Fiber' by the Controller of Patents and Designs. The rejection was based on lack of novelty and inventive step under the Patents Act, 1970. The High Court found that the original order lacked proper reasoning regarding how a person skilled in the art would move from existing knowledge to the subject invention. Consequently, the court set aside the refusal and remanded the matter back to the Patent Office for fresh consideration.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
Largan Precision Co Ltd filed a suit seeking permanent injunction against Motorola Mobility India Pvt Ltd for infringing its Indian Patent No. 363203, which relates to light blocking sheets in camera systems. The court addressed applications related to interrogatories and the need for confidentiality, ultimately directing the formation of a confidential club.
Department of Atomic Energy v.Assistant Controller of Patents and Designs
The Department of Atomic Energy challenged an order from the Assistant Controller of Patents refusing to process its patent application No. 201921029932, citing a delay in submitting the power of attorney. The petitioner argued that they had substituted a fresh power of attorney which was accepted by the respondents. The High Court quashed the refusal order, finding it passed without proper consideration and violating natural justice.
Hindustan Aeronautics Limited v.Commissioner of Central Excise & CGST, Lucknow
Hindustan Aeronautics Limited appealed a demand for Service Tax, interest, and penalty levied by the Commissioner of Central Excise & CGST. The department treated payments made to foreign vendors for manuals, software, and license fees related to aircraft manufacturing/repair as taxable services (Transfer of IP Rights). The Tribunal ruled in favor of HAL, finding that these amounts were merely amortization costs for intangible assets and not consideration for services received.
Jay Switches India Pvt Ltd v.Sandhar Technologies Ltd & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its patented 'Air Tight Fuel Cap' and registered design 'Fuel Tank Cap for Vehicle'. The court examined the infringement claims, noting ambiguities in the patent claims. Ultimately, the court dismissed the application for interim injunction, finding that the balance of convenience favored the defendants.
Boehringer Ingelheim Vetmedica Gmbh v.The Controller Of Patents
Boehringer Ingelheim Vetmedica Gmbh appealed a rejection order passed by The Controller of Patents, which refused their application for "Containers for Compositions Comprising Meloxicam." The initial refusal was based on lack of novelty and inventive step in light of cited prior art. The appellant argued that the Controller failed to address their detailed written submissions distinguishing the invention from the prior arts. The Delhi High Court agreed, noting the Controller's order merely reproduced objections without proper consideration of the arguments, and consequently set aside the rejection, remanding the matter for fresh, reasoned consideration.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed against an order refusing to grant a patent for its Divisional Application. The refusal was based partly on timing and lack of distinctiveness. The High Court quashed the order, finding that the respondent failed to consider the fact that the application was filed on the same day as the original patent grant, and also violated principles of natural justice.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed an order by the Deputy Controller refusing to grant a patent for a Divisional Application. The refusal was based partly on the timing (filing after original patent grant) and lack of distinctiveness. The High Court quashed the order, finding that the timing issue was not proven against the appellant and that principles of natural justice were violated.
M/S Shilpa Medicare Limited v.M/S. Salus Pharmaceuticals And Another
The defendants filed an application seeking rejection of the plaint on the grounds that the plaintiff had not demonstrated urgency and failed to comply with the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The court found contradictions in the plaintiff's statements regarding when they became aware of the infringement and noted a significant delay between knowledge/patent grant and filing the suit.
The Research Foundation for the State University of New York v.The Controller of Patents, The Patent Office
The appellant challenged the Controller's order rejecting its patent application, citing issues with both claim amendments and failure to meet the time limit for filing the National Phase Application. The court found that the respondent failed to properly consider the provisions allowing condonation of delay (Rule 138) and erroneously rejected the application based on non-application of mind.
Syngenta Crop Protection Ag v.Assistant Controller Of Patents
Syngenta Crop Protection Ag challenged the refusal of its patent application, which covered methods for controlling rice plant infestations using a specific compound. The initial rejection was based on the argument that these methods constituted 'methods of agriculture' and were thus unpatentable under Section 3(h) of the Patents Act. The Delhi High Court overturned this decision, holding that a method of treating plants is distinct from fundamental agricultural practices. Consequently, the matter was remanded to the Controller for fresh examination.
Gautam Bhatia v.Vinayak Enterprises
Gautam Bhatia filed an application seeking permission to amend the claims of his Indian Patent No.410993, which relates to a method for preparing an adhesive. The plaintiff sought to narrow the scope of the process and product claims by defining the ratio of modified starch to various powders within a specific range (1:1 to 1:5). Despite the defendant opposing the amendment, the court allowed it, finding that the proposed changes were clarificatory, narrowing the scope, and supported by the original complete specification.
Intervet International B.V. v.Deputy Controller Of Patents & Design
Intervet International B.V. challenged the Deputy Controller's refusal to grant a patent for its novel crystalline forms of the drug 20, 23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The appeal argued that the rejection was arbitrary and non-speaking, failing to adequately consider expert evidence regarding superior stability. The Madras High Court agreed, finding a violation of natural justice in the original order.
Signal Pharmaceuticals v.Deputy Controller of Patents and Designs, Patent Office
Signal Pharmaceuticals appealed an order from the Deputy Controller of Patents refusing to grant a patent for its mTOR kinase inhibitors. The appellant argued that the refusal was based on a non-speaking order, failing to properly appreciate evidence and ignore the inventive step and therapeutic efficacy of the compound. The High Court quashed the impugned order and remanded the matter back for fresh consideration.
Idemia Identity & Security France v.The Controller General of Patents, Designs & Trademarks
Idemia Identity & Security France challenged a rejection order issued by the Controller General of Patents, which denied patent protection for its invention related to 'Cryptography on a simplified elliptical curve'. The respondents argued that the invention was merely a mathematical formula or business method, thus falling under Section 3(k) of the Patents Act. However, the Madras High Court quashed the rejection order, finding it arbitrary and non-speaking because the respondents failed to address key contentions raised by the appellant regarding its technical contribution.
Astrazeneca Ab & Anr. v.Westcoast Pharmaceutical Works Limited
Astrazeneca filed suit against Westcoast Pharmaceutical Works Limited alleging infringement of its patent (IN 297581) covering the cancer drug Osimertinib. The plaintiffs sought permanent injunctions and damages, asserting that the defendant's offer to contractually manufacture and sell the patented compound constituted infringement. Despite initial defenses by the defendant regarding regulatory approval issues, the court found that due to the defendant's failure to file a written statement within the statutory period, the suit was decreed in favor of AstraZeneca, granting them relief and substantial costs.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed the Assistant Controller's decision to refuse grant for its patent application concerning methods and devices for authenticating electronic payment cards using an electronic token. The Controller had rejected the application, citing that the claims fell under Section 3(k) as being a 'business method' or 'computer programme per se'. However, the Delhi High Court overturned this refusal, holding that the invention addresses a technical problem—enhancing security in contactless payments—rather than merely automating a business process. The court affirmed that the technical contribution makes the subject matter patentable.
Opella Healthcare Group v.Vaibhav Vohra & Anr.
The Delhi High Court ruled in favor of Opella Healthcare Group, ordering the cancellation of a competing trademark and copyright held by Vaibhav Vohra & Anr. The court found that the respondent's mark 'PHENSERYL' was phonetically and visually deceptively similar to the petitioner’s long-established mark 'PHENSEDYL,' leading to potential consumer confusion in the pharmaceutical sector. Furthermore, the court cancelled the associated copyright registration due to substantial imitation of the petitioner's original artistic packaging.
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