India Patent Cases
4,815 decisions indexed
Page 18 of 161 · 4,815 total
Grasim Industries Limited And Anr. v.Omni Cement Private Limited And Anr.
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Grasim Industries Limited against Omni Cement Private Limited. The court granted several procedural reliefs, including exemption from pre-institution mediation and permission to file additional pleadings. Crucially, the court directed a Local Commissioner to execute an inventory of goods, seize infringing stock under superdari, and ensure compliance with interim injunction procedures, setting the stage for the substantive dispute over the 'ULTRATECH' trademark.
Kowa Company Ltd v.The Controller Of Patents & Anr.
Kowa Company Ltd filed an appeal under Section 117A of the Patents Act, 1970, challenging an order issued by The Controller of Patents & Anr. on May 14, 2025, concerning Patent Application No. 201717010446.
Aries Agro Limited & Anr. v.Indiamart Intermesh Limited & Ors.
The Delhi High Court issued several procedural orders in the trademark infringement suit filed by Aries Agro Limited against Indiamart Intermesh Limited. The court granted exemptions from mandatory pre-litigation mediation and advanced service, recognizing the urgent need for interim relief to prevent the suppression of infringing business operations. Furthermore, the court formally registered the plaint as a suit and set out detailed procedural timelines for filing written statements and replication, while also permitting the Plaintiffs to introduce additional documents.
Upl Limited v.Union Of India & Ors.
Upl Limited challenged an order rejecting its patent application, arguing that the rejection was based on lack of novelty/inventive step and violated principles of natural justice because expert evidence was ignored. The petitioner contended that the combination offered unexpected advantages in crop yield by controlling fungal diseases. The High Court found a serious infirmity in the impugned order due to procedural lapses and set it aside, remanding the matter for fresh consideration.
Novartis Ag v.Controller Of Patents And Designs & Anr.
Novartis Ag challenged the Controller's orders that deferred and then reserved decisions regarding post-grant opposition proceedings, specifically concerning a request for cross-examination of the opponent's experts in relation to Patent IN'518. The court dismissed the writ petitions, finding no merit in the Petitioner's plea and noting that the Petitioner had waived their right to cross-examine by conscious election.
Base Se v.Deputy Controller Of Patents And Designs
The appeal challenged the Deputy Controller's order rejecting parts of the 'Pesticidal Mixture' patent application. The appellant argued that the rejection violated natural justice and misinterpreted Section 3(h) of the Act. The High Court set aside the impugned order, holding that a partial grant is untenable as it undermines the principle of unity of invention.
M/s.Darshan International v.Deputy Registrar of Trade Marks & Gi
The Madras High Court ruled in favor of M/s. Darshan International, allowing them to proceed with their trademark registration for 'Darshan Incense.' The court addressed the issue of non-receipt of the notice of opposition by the petitioner, which led to the abandonment of their application. Citing a similar precedent, the High Court directed the Deputy Registrar of Trade Marks to restore the application and permit the petitioner to file a counter statement, ensuring they receive a fair opportunity to defend their mark.
Largan Precision Co., Ltd v.Honor Device Co., Ltd & Anr.
The Plaintiff filed suit alleging that the Defendants were infringing their Indian Patents (Suit Patents) through the sale and distribution of the Honor 200 series smartphones. The court found a prima facie case of infringement, considering test analyses and tear down reports.
3Sk Innovations Private Ltd v.Equitas Small Finance Bank Ltd Esfbl
The parties appeared before the Delhi High Court for case management proceedings. The court framed several issues concerning territorial jurisdiction, patent infringement, ownership rights, and the validity/revocation of two specific patents (IN'627 and IN'730). Furthermore, the Confidentiality Club was constituted to manage the exchange of sealed data between the parties.
Exotic Mile v.Imagine Marketing Pvt Ltd
The Delhi High Court reviewed an interim injunction granted by a Single Judge in a trademark infringement and passing off suit. While the court affirmed the injunction against Exotic Mile's use of certain specified marks, it quashed the restriction on the tag line "UNPLUG YOURSELF" because the original plaintiff had not sought that specific restraint. Furthermore, the court clarified that since the mark GOBOULT was never subject to an injunction, Exotic Mile remains free to use it unless a separate cause of action is filed.
Hardwyn India Limited And Anr v.Rajenndra Engitech Llp
The Delhi High Court addressed the trademark dispute between Hardwyn India Limited and Rajenndra Engitech LLP, focusing on the use of the mark 'HARDVIN' which was deemed deceptively similar to 'HARDWYN'. The court accepted a comprehensive undertaking from the defendant, requiring them to cease using the impugned mark and initiate its withdrawal from the Trademark Registry. Consequently, an ad interim injunction was granted in favor of the plaintiff. Furthermore, recognizing the mutual interest in resolution, both parties were referred to the Delhi High Court Mediation Centre.
Marc Enterprises Pvt. Ltd. v.Marc Sanitation Pvt. Ltd. & Anr.
The Delhi High Court granted the petition filed by Marc Enterprises Pvt. Ltd., directing the rectification of Trademark Registration No. 5849026 held by Marc Sanitation Pvt. Ltd. The court ordered that the goods and service details in Class 11 be amended to specifically reflect 'Bathroom and Sanitary fittings and accessories,' thereby limiting the scope of the trademark registration. This decision allows the petitioner to achieve a more precise definition of the registered goods, aligning with prior agreements.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed the refusal of its patent application (No. 201717045317), titled 'Material comprising a stack of thin layers', by the Assistant Controller of Patents and Designs. The refusal was based on lack of inventive step and non-patentability under Section 3(d). The High Court upheld the Controller's decision, finding that the claimed invention lacked technical advancement over prior art.
Mr Amit Arora Sole Proprietor M/S Hydro Valves v.The Controller General Of Patents Design and Trade Marks & Ors.
The petitioner filed Rectification Petitions seeking cancellation of three 'MILTON' trademarks registered in Class 21. Respondents raised a preliminary objection regarding the pendency of earlier related rectification petitions before the Trade Marks Registry, Mumbai. The court satisfied this objection after the petitioner undertook to withdraw the relevant pending petitions.
Kamdhenu Steels And Alloys Limited v.Union Of India & Ors.
The Delhi High Court heard a petition challenging an order directing a company to change its name based on alleged resemblance to another entity's brand. The core dispute revolved around whether the application for rectification was filed within the statutory three-year limitation period under Section 16(1)(b) of the Companies Act, 2013. While acknowledging the complexities of IP disputes between related entities, the Court granted a stay on the impugned order pending further arguments, allowing time to resolve the jurisdictional and temporal issues.
Vertex Pharmaceuticals Incorporated v.Deputy Controller Of Patents And Designs and Anr.
The petitioner, Vertex Pharmaceuticals Incorporated, filed an appeal against the Deputy Controller of Patents and Designs. The court addressed a preliminary issue regarding the maintainability of the matter raised by the respondent Controller.
Novartis Ag & Anr. v.Novarise Pharmachem Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Novartis against Novarise Pharmachem Private Limited, addressing a trademark infringement dispute. The court found that the Plaintiffs had established a prima facie case regarding their registered trade mark 'NOVARTIS,' noting its extensive use and high goodwill in the pharmaceutical sector. Given the likelihood of consumer confusion between 'NOVARTIS' and 'NOVARISE,' the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.
Incyte Holdings Corporation v.Metrochem Api Private Limited
The Plaintiffs filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds used in JAKAVI tablets. The court passed an order granting various exemptions and appointing Local Commissioners to execute the interim injunction.
Stromag Gmbh v.The Controller General Of Patents Designs And Trade Mark
Stromag Gmbh appealed the rejection of its patent application, 'HYDRAULICALLY ACTUATABLE DISK BRAKE AND AZIMUTH DRIVE', which was denied primarily due to a lack of inventive steps. The appellant argued that the rejection order failed to provide sufficient reasons and violated principles of natural justice. The High Court found the impugned order unsustainable for lacking reasoned analysis, setting it aside and remanding the matter.
Apex Laboratories Pvt.Ltd. v.Sunlife Sciences Private Limited
Apex Laboratories Pvt.Ltd filed a suit against Sunlife Sciences Private Limited alleging multiple infringements, including the use of a deceptively similar trademark (ZIMCOFIT) and copyright violation concerning product labels for their pharmaceutical products. The plaintiff sought permanent injunctions and damages based on both Trademark Act and Copyrights Act provisions. Ultimately, the parties reached an amicable settlement, which was subsequently recorded by the Madras High Court, leading to the decree of the suit.
Novartis AG v.Vachichem International Private Limited
The Plaintiffs, Novartis AG, filed a suit seeking a permanent injunction against Vachichem International Private Limited for infringing their Indian Patent No. 283133 covering Ribociclib. The court passed an order granting various exemptions and directing the appointment of a Local Commissioner to conduct an inventory and obtain accounts related to the alleged infringement.
Ashish Aggarwal v.M/S Racing Promotions Pvt. Ltd.
The plaintiff, engaged in sports activities under his trademarks 'X1' and 'X1 WAR OF X-TREME SPEED', filed a suit against the defendant for infringing these marks. The court found that the defendant was using an identical and deceptively similar mark ('X1') in relation to similar services without permission.
Akums Drugs An Pharmaceuticals Limited v.Medivinc Healthcare Pvt Ltd & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Akums Drugs against Medivinc Healthcare. The court granted exemptions for various procedural requirements, including pre-institution mediation and advance service to defendants. Crucially, the court allowed the plaintiffs' application for an ex parte ad-interim injunction, directing the appointment of Local Commissioners to secure evidence and prevent further infringement.
Mangalam Organics Ltd v.N Ranga Rao And Sons Pvt Ltd
The Bombay High Court dismissed the Plaintiff's interim application seeking injunction against the Defendant for alleged trademark infringement and passing off. The court found that the Plaintiff failed to establish a prima facie case, noting significant differences in packaging and vending methods between the two products. While rejecting defenses of laches and acquiescence, the judge concluded that the evidence did not sufficiently demonstrate that consumers would be misled into believing the goods were those of the Plaintiff.
Super-Max Ipr Holdings Ag Through Its Authorized Representative Mr. Chirag Haresh Shah v.Suresh Kumar Garg And Ors
The Delhi High Court addressed a non-compliance issue where defendants failed to adhere to an earlier undertaking regarding the withdrawal of a specific trade mark application. The court directed the Registrar of Trademarks to process the withdrawal of trademark no. 4336864 in respect of 'SUPERMAC' within two weeks, provided all legal formalities are met. This order sets clear compliance timelines and mandates status reporting by the Trademark Registrar.
Caterpillar Inc v.Zhejiang Lifeng Machinery Parts Co Ltd and Others
Caterpillar Inc filed a suit seeking permanent injunction against Zhejiang Lifeng Machinery Parts Co Ltd for infringing Caterpillar's patents, designs, and trade marks related to fluid filter systems used in construction machinery. The court granted several interim applications, including exemption from pre-institution mediation and advance service, and ordered the appointment of Local Commissioners to inspect and secure the alleged infringing stock.
Pharmacyclics Llc v.Deputy Controller Of Patents & Designs
Pharmacyclics Llc appealed the Deputy Controller's order rejecting its divisional patent application. The rejection was based on alleged scope changes and reliance on the parent application's claims. The High Court found that the divisional application should be treated as a substantive application, not bearing on the outcome of the parent, thus setting aside the impugned order.
Cyril Bath Company v.Controller Of Patents And Designs And Ors
Cyril Bath Company appealed an order that cursorily rejected its divisional application (application no. 1376/KOLNP/2013) on the ground that claim modifications were impermissible for PCT national phase applications. The High Court found the impugned order unsustainable and bereft of reasoning, mandating a reasoned decision by the Controller.
Ultrahuman Healthcare Pvt Ltd v.Oura Health Oy & Anr.
Ultrahuman Healthcare Pvt Ltd filed a suit seeking permanent injunction against Oura Health Oy for infringing Indian Patent No. IN 549915, which covers an electronic ring for health monitoring. The court dismissed the suit because the Plaintiff willfully failed to disclose crucial orders from the US International Trade Commission (ITC) dated 18.04.2025 and 21.08.2025, which found infringement by the Plaintiff's products in the US market.
Boehringer Ingelheim International GmbH v.Femilab Healthcare
The applicant sought an interim injunction against the respondents for infringing Patent No. 268846 related to Empagliflozin and its formulations. The court, however, noted that the subject patent had already expired, leading to the vacation of the existing interim protection.
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