India Patent Cases
2,847 decisions indexed
Page 19 of 95 · 2,847 total
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 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.
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.
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.
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.
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.
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.
Havells India Ltd v.Mohit Talwar & Ors.
Havells India Ltd filed a suit against Mohit Talwar & Ors. concerning alleged infringement of its registered designs and trademark on Distribution Boards. The current order addresses an application seeking modification of the interim injunction, which required the Commissioner of Customs to stop the export of infringing products. To facilitate compliance with this suspension order, the court directed the defendants (No. 1, 2, and 3) to provide their Importer Exporter Code (IEC) details to enable effective enforcement.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The suit was filed seeking permanent injunction against infringement of a registered patent for a self-locking glazing system. The present application sought permission to take on record additional invoices and bank statements, which were needed to respond to objections raised by the defendant regarding discrepancies in earlier filings. The court allowed the plaintiff's application under Order XI Rule 1(c)(ii) CPC.
Regeneron Pharmaceuticals Inc. v.Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals Inc. filed an appeal against the Controller of Patents and Designs' order refusing to grant a patent application (No. 201947017337). The appellant subsequently sought permission from the High Court to withdraw the appeal.
Ms Shri Gorakh Bhandar v.The Commissioner Of Customs Appeals & Ors.
This Delhi High Court order sets the stage for a complex dispute concerning Intellectual Property Rights enforcement at customs. The petitioner has raised several critical questions, including whether protection can be granted without adhering strictly to the IPR (Imported Goods) Enforcement Rules, 2007, and whether failure to mention specific goods in import documents constitutes misdeclaration. The court has allowed procedural applications and scheduled the main hearing for February 12, 2025.
UNILIN BEHEER B.V. v.BALAJI ACTION BUILDWELL
The plaintiff filed a suit seeking a permanent injunction against the defendant for infringing its registered patent related to flooring technology. The case involves the plaintiff's licensing program and the confidentiality of third-party license agreements.
K. Ramu (Deceased) & Lavanya Ramu v.Adyar Ananda Bhavan
The plaintiff filed a suit seeking permanent injunctions and damages against Adyar Ananda Bhavan for infringing two patents (process and product) related to sweets made with fructose/levulose. The court ultimately dismissed the suit because the relevant patents had expired, rendering the main relief infructuous.
France Telecom v.Union of India
France Telecom filed a Writ Petition challenging orders from the Patent Office which returned its patent application because the request for examination was made beyond the statutory 48-month limit. The petitioner argued that the delay was due to an error by their Indian agent, constituting exceptional circumstances. The Court accepted this argument and set aside the impugned orders.
M/s Hi-Tech Geosynthetics Pvt. Ltd. v.M/s Spdd Infra Pvt. Ltd.
The plaintiff sued the defendants for a decree of Rs. 46,54,721/-, along with interest and permanent injunction, alleging misuse or infringement related to 80 patented moulds used in constructing Reinforced Earth (RE) Walls. The court examined the contractual relationship and the claims regarding outstanding payments.
Mr.Rahul Bagga v.The Controller of Patent
The petitioner filed a writ petition seeking to quash an abandonment order related to his patent application (No. 202041009246). The petitioner argued that he was unable to upload the response to the First Examination Report on the deadline due to technical/server errors on the respondent's website. The court found merit in this claim and ordered the abandonment quashed, directing the respondent to accept the response.
Regeneron Pharmaceuticals, Inc v.Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed a rejection order by the Controller of Patents and Designs. The rejection was based on two grounds: that the amendment sought changed the scope of invention (violating Section 59), and that the subject matter lacked substantial benefit to mankind (Section 3(b)).
Interdigital Technology Corporation v.Guangdong Oppo Mobile
The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.
Interdigital Technology Corporation v.Guangdong Oppo Mobile
The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.
Interdigital Technology Corporation v.Guangdong Oppo Mobile
The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.
Interdigital Technology Corporation v.Guangdong Oppo Mobile
The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.
Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.
Samsung Electronics Co. Ltd. filed applications seeking intervention to prevent the disclosure of a Patent License Agreement (PLA) dated 1st June, 2014, between Samsung and InterDigital Group Companies. The dispute centered on whether the PLA could be shared with defendants' in-house representatives within a confidentiality club established by the court. The Court ultimately directed that the PLA must be shown to the defendants' representatives, subject to specific restrictions.
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