India Patent Cases
2,823 decisions indexed
Page 21 of 95 · 2,823 total
Malpani Enterprises v.Registrar Of Trade Marks
The Delhi High Court ruled in favor of Malpani Enterprises, directing the Registrar of Trade Marks to accept and proceed with its Notice of Opposition. The core issue was a technical glitch in the online filing portal which prevented the petitioner from meeting the deadline. Given that the respondent admitted the statutory period had not lapsed, the court held that a party should not suffer due to administrative or technical failures, thereby setting aside the rejection letter.
Mankind Pharma Limited v.Morepen Laboratories Limited
The Delhi High Court addressed several procedural applications in the trademark and copyright infringement suit filed by Mankind Pharma against Morepen Laboratories. The court granted exemptions regarding document filing and pre-institution mediation, while proceeding with the main injunction application (I.A. 38001/2024). The plaintiff alleged dishonest adoption of their registered trade dress and copyright for a pregnancy detection strip, leading to claims of infringement and passing off. The defendant countered by arguing that the plaintiff approached the court belatedly.
Grains Research And Development Corporation v.The Assistant Controller Of Patents And Designs
The petitioner appealed an earlier decision concerning a patent application related to insect control methods. The court also addressed two interlocutory applications: one granting exemption from filing originals, and another condoning a 13-day delay in filing the main appeal.
Qualcomm Technologies Inc. v.Deputy Controller of Patents & Designs
Qualcomm Technologies Inc. appealed a rejection order by the Patent Controller regarding its patent application for a live scene recognition system that filters objectionable content before recording. The Controller rejected the claim based on lack of inventive step, citing two pieces of prior art (D1 and D2).
R J Reynolds Tobacco Company (Sr ...) v.The Controller General Of Patents Designs and Trademarks
R J Reynolds Tobacco Company filed an appeal against a refusal order issued by the Assistant Controller of Patent and Designs. The company, citing procedural difficulties inherent to being a foreign entity, sought condonation for a two-month delay in filing the appeal. The Calcutta High Court accepted the grounds presented, finding sufficient cause for the delay.
Enterabio Ltd. v.The Controller General of Patents & Designs, Mumbai & Anr.
Enterabio Ltd. appealed against the rejection of its patent application for an oral pharmaceutical composition containing insulin and a protease inhibitor. The High Court found that the Assistant Controller failed to provide adequate reasons for rejecting the claim and did not comply with procedural rules regarding amendments. Consequently, the court set aside the impugned order and remanded the matter back to the Controller.
Ppc Broadband Inc v.The Assistant Controller Of Patents And Designs
Ppc Broadband Inc filed an appeal challenging an impugned order dated 28.03.2024 which held that its patent application subject matter ('REEL ENCLOSURES') fell under Section 2(1)(ia) of the Patents Act, 1970. The court also addressed applications for exemption from filing documents and condonation of a 55-day delay in filing the appeal.
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed a rejection of its patent application, "Administration of Wireless Systems," which was initially objected to on grounds including lack of inventive step and subject matter eligibility under Section 3(k) of the Patents Act. The Delhi High Court examined whether the invention provided a sufficient technical contribution beyond mere algorithmic processes. Ultimately, the court found that the core functionality relied heavily on conditional logic and procedural steps, classifying it as an algorithmic process excluded by law.
Blackberry Limited v.Controller Of Patents And Designs
Blackberry Limited appealed a refusal by the Controller of Patents and Designs regarding its patent application titled 'Auto-Selection of Media Files.' The core dispute centered on whether the claimed method for automatically selecting media files based on user preference (confidence level) was non-patentable under Section 3(k). The Delhi High Court ultimately allowed the appeal, directing that the patent be proceeded for grant as amended.
Nippon Steel Corporation v.Controller General Of Patents, Designs & Trademarks & Anr.
Nippon Steel Corporation appealed a decision by the Controller General of Patents which refused its patent application for a gas flue repair method and device under Section 3(d) of the Patent Act. The appellant argued that the rejection was arbitrary and violated principles of natural justice because the specific objection (Section 3(d)) was not clearly communicated in the initial hearing notice. The Delhi High Court agreed, finding the impugned order unsustainable due to lack of sufficient reasons. Consequently, the court set aside the refusal and remanded the matter for fresh consideration, mandating a clear delineation of all objections before granting a new hearing.
Novenco Building & Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The defendant filed an application seeking the return of the plaint, arguing that no cause of action had accrued in Himachal Pradesh. The plaintiff contended that the defendants were selling infringing fans and conducting business in the state. The court dismissed the application, holding that the defendants' techno-commercial offer made in Baddi demonstrated they were carrying on business within the territorial jurisdiction.
Novenco Building & Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The plaintiff filed a civil suit alleging infringement of its patents and design rights concerning axial fans. The defendants moved an application seeking rejection of the plaint on the ground that the suit was barred by law because the plaintiff failed to comply with mandatory Pre-Institution Mediation under the Commercial Courts Act, 2015.
Hendrickson USA, L.L.C. v.The Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 2621/CHENP/2015) by the Controller, which had previously found that shot peening in the Heat Affected Zone (HAZ) was obvious from prior art. The appellant argued that its invention specifically claimed peening beyond the stress concentration boundary and asserted technical advantages for this extension. The High Court set aside the rejection order and remanded the matter to allow a fresh examination of the claim's novelty and non-obviousness based on peening beyond the HAZ.
Bristol-Myers Squibb Holdings Ireland v.Km Swarnalatha & Ors.
Bristol-Myers Squibb Holdings Ireland filed a suit seeking permanent injunction against infringement of Indian Patent No. IN 203937, which covers dasatinib. The court examined the connection between various defendants involved in manufacturing and marketing the drug. Ultimately, the court found that Defendant No. 7 had launched the impugned product under the brand name DASA SPL without appearing before the court. Consequently, the suit was decreed against the parties based on these findings.
YC Electric Vehicles v.Saksham Trading Company
YC Electric Vehicles successfully concluded its trademark and design infringement suit against Saksham Trading Company through an amicable settlement. The court decreed the suit, formalizing the defendant's admission that YC is the sole owner of the 'YATRI' and 'YC' trademarks, as well as specific E-Rickshaw designs. The settlement also included a payment of ₹50,000 to the plaintiff, providing a definitive resolution to the dispute.
Reckitt & Colman (Overseas) Hygiene Home Limited v.Ashok Kumar(S)/ John Doe(S)
In a major infringement suit concerning hygiene products, the Delhi High Court granted several procedural reliefs favoring the plaintiffs, Reckitt & Colman. The court allowed the plaintiffs to implead Ashok Kumar and John Doe as defendants and sanctioned an extensive local commission to investigate counterfeiting activities related to brands like HARPIC and LIZOL. Furthermore, the court provided exemptions from pre-institution mediation and advance service, paving the way for swift enforcement of their claims regarding trademark, copyright, design, and passing off infringement.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants challenged the Assistant Controller's order rejecting their patent application. The core issue was that the rejection was based on a ground (lack of novelty) which was not included in the initial hearing notice, violating the Principles of Natural Justice. The Court found that since the applicant was deprived of the opportunity to address this specific objection, the impugned order suffered from procedural irregularities.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
The Delhi High Court passed an order framing issues in the suit concerning the validity and enforceability of Plaintiff's Suit Patent IN 363203 against the Defendants. The court also appointed a Commissioner to record evidence and set out a tentative timeline for the trial.
Ulink Agritech Private Ltd. v.Sml Limited & Others
The appellant challenged an ex-parte ad-interim injunction granted by the Single Judge, which restrained them from infringing Patent No. 282092 (covering 'SELZIC'). The core legal issue was whether the Single Judge's order contained adequate reasons as mandated by proviso to Order 39 Rule 3 CPC. The High Court found that the conclusion of a prima facie case was not preceded by any proper reasoning, leading to the setting aside and remittance of the injunction.
V.K.R.Venkatesan v.V.Mahendran
V.K.R.Venkatesan filed a civil suit against V.Mahendran alleging multiple infringements related to the 'VKR SIVAJI BRAND' mark and associated artistic works used on rice products. The plaintiff sought permanent injunctions against trademark infringement, copyright violation, and passing off. However, before any judgment was passed on the merits of the case, the learned counsel for the plaintiff filed an endorsement requesting withdrawal of the suit.
Neela Film Productions Private Limited v.Taarakmehtakaooltahchashmah.Com & Ors.
The Delhi High Court issued several procedural orders in favor of Neela Film Productions Private Limited (Plaintiff) in its copyright and trademark infringement suit against Taarakmehtakaooltahchashmah.Com & Ors. (Defendants). The court granted exemptions from pre-institution mediation, allowed the plaintiff to serve advance copies on a specific defendant despite lack of contact details, and directed that the plaint be formally registered as a commercial suit. These orders pave the way for the substantive trial concerning the alleged infringement of the popular show 'Taarak Mehta Ka Ooltah Chashmah'.
Astrazeneca Ab v.Everest Pharmaceuticals Limited
Astrazeneca filed a suit seeking permanent injunction against Everest Pharmaceuticals for infringing its patent IN 297581, which covers the compound Osimertinib. The court found that the plaintiffs made out a prima facie case and granted an ad interim ex-parte injunction restraining the defendants from manufacturing or selling the infringing product until further hearing.
Astrazeneca Ab v.Beacon Pharmaceuticals Plc
Astrazeneca filed a suit seeking permanent injunction against Beacon Pharmaceuticals and others for infringing its patent (IN 297581) covering the compound Osimertinib. The court, after considering the prima facie case, granted an ad interim ex-parte injunction restraining the defendants from selling or offering the patented compound in any form.
Baynee Industries v.Rajiv Rosha
The plaintiff filed a suit seeking substantial damages against the defendant, alleging wrongful interference with business due to the defendant's patented product. The defendant sought rejection of the plaint under Order VII Rule 11(d) of the CPC, arguing lack of cause of action and correlation between the patent and the alleged business loss. The Court dismissed the application, finding that the plaint, when read as a whole, disclosed sufficient cause of action.
Ashokbhai Manjibhai Sankharava trading as M/s. Unolex Aquatech v.M/S. Trishul Pump
The appeals challenged orders passed by the Commercial Court rejecting applications seeking exemption from mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. The plaintiff had filed four suits for patent infringement (No. 388576) but failed to demonstrate a genuine need for urgent interim relief.
Natco Pharma Ltd. v.M/s. Schering Corporation
Natco Pharma Ltd filed an Original Petition (Patents) seeking the revocation of Indian Patent No.202128 against M/s. Schering Corporation and the Assistant Controller of Patents & Designs. The court observed that the term of the patent had expired on 06.10.2018, rendering the petition infructuous.
Syngenta Crop Protection Ag v.Assistant Controller Of Patents
Syngenta Crop Protection Ag filed an appeal before the Delhi High Court challenging the rejection of its Indian Patent Application No. 202117035647 by the Assistant Controller of Patents. The court allowed exemption and set notice, granting both parties time to file their respective written synopses or rejoinders.
Kent Ro Systems Ltd v.Kanchan Singh
The plaintiffs seek a permanent injunction against the defendants for infringing their trademark 'KENT' and registered design no. 312406 related to water purifiers. The plaintiffs allege that the defendants are selling products that are identical or deceptively similar to their registered designs.
Raj Kumar Jain / Puja Agarwal / Pravesh Narula Trading as M/s. Capital Enterprises v.Registrar of Trademark & Anr.
The Delhi High Court issued several orders across connected trademark litigation matters. Notably, the court condoned a significant delay (82 days) in filing a Written Statement to an amended plaint, allowing the case to proceed despite procedural lapses. Furthermore, directions were given for forensic examination of specific sale invoices, indicating that evidence authenticity remains a critical point of contention in this dispute.
Madapes Limited v.Madapes Promo Private Limited & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Madapes Limited against the defendants. The court recognized that the plaintiff's marks ('MADAPES', 'MAD APES') were being used deceptively by the respondents, leading to claims of passing off and copyright infringement over logos and content. Furthermore, the court directed specific actions, including blocking fraudulent Telegram accounts and taking down an incorrectly registered website, to protect the plaintiff's brand integrity.
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