India Patent Cases
4,815 decisions indexed
Page 21 of 161 · 4,815 total
Incyte Holdings Corporation v.Prajna Generics Private Limited
The Plaintiffs filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds and their uses. The Court passed an order appointing a Local Commissioner to inspect the Defendant's premises, obtain accounts, and take samples of the alleged infringing drugs.
Incyte Holdings Corporation & Ors. v.Aeon Formulations Pvt. Ltd.
The Plaintiffs, owners/licensees of Indian Patent No. 269841 covering Ruxolitinib compounds (used in treating Mye), filed a suit against Aeon Formulations Pvt. Ltd. seeking permanent injunction against infringement. The court passed an order granting various exemptions and appointing Local Commissioners to inspect the Defendant's premises, seize samples of the infringing drug, and gather evidence.
A-1 Fence Products Company Pvt Ltd v.Controller Of Patents and Designs and Another
A-1 Fence Products Company Pvt Ltd challenged an order by the Deputy Controller of Patents & Designs rejecting their patent registration based on cited prior art. The court recognized the need for expert opinion to determine if the invention possessed inventive steps over the existing prior art documents.
Proprietect L P v.The Controller Of Patents
Proprietect L P appealed a rejection order passed by the Controller of Patents concerning its application for a foam laminate product used in vehicle interiors. The appellant argued that the rejection was non-speaking, failed to consider their submissions, and introduced new grounds (Section 10(5)) at the final stage, violating natural justice. The High Court agreed, setting aside the order and remanding the matter.
M/S. Askaaf Al-Sharq Trading Company v.Al-Noor Tradition P. Ltd.
The Delhi High Court passed a multi-pronged order in the trademark dispute between M/S. Askaaf Al-Sharq Trading Company and Al-Noor Tradition P. Ltd. The court granted the plaintiff's request for exemption from mandatory pre-litigation mediation, allowing the case to proceed directly. Simultaneously, it set dates for filing replies regarding the defendant's application for trademark rectification and the plaintiff's interim injunction request, moving the core dispute towards active litigation.
M/s. Karim Hotels Pvt. Ltd. v.Al Kareem
In a dispute over trademark similarity, the Madras High Court addressed M/s. Karim Hotels Pvt. Ltd.'s petition seeking rectification of Al Kareem's mark 'AL Kareem'. Despite the petitioner asserting long-standing goodwill and deceptive similarity, the court ultimately favored the respondent. The judgment recognized the existing use of 'AL Kareem' in Hyderabad but imposed a crucial geographical limitation on its registration to prevent confusion outside that specific region.
Thumbtack Inc. v.Sangvish Technologies Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Thumbtack Inc. against Sangvish Technologies Pvt. Ltd., finding that the Defendant's mark 'THUMBSUP' is a deliberate and mala fide imitation of Thumbtack’s registered trademark, 'THUMBTACK.' The court noted the triple identity—identical mark, identical product category (home services), and identical consumer base—and restrained the Defendants from using any deceptively similar marks. This order sets the stage for the full trial on infringement.
Akums Drugs And Pharmaceuticals Limited v.The Controller Of Patents & Anr.
Akums Drugs And Pharmaceuticals Limited filed an Appeal under Section 117A(4) of the Patents Act, 1970, challenging the order dated 26.12.2024 which rejected its patent application (No. 202211027823). The court also disposed of applications regarding exemption and condoned a delay of 110 days in filing the appeal.
Diya Aggarwal v.The Registrar Of Trademarks
Diya Aggarwal has filed an appeal challenging the Registrar of Trademarks' refusal to register her trademark application. The Delhi High Court accepted notice and set out a procedural schedule for the matter. This order directs both parties to file their respective replies and rejoinders, indicating that the case is moving forward through the appellate process.
Ferrero Spa & Ors. v.M. B. Enterprises
Ferrero Spa filed a suit against M. B. Enterprises alleging infringement, passing off, and unfair competition related to its globally recognized brand, NUTELLA. Following reports of counterfeit products being manufactured under the same name in Thane, Maharashtra, Ferrero sought immediate protection. The Delhi High Court granted an interim injunction, restraining the defendant from continuing the alleged infringing activities until further proceedings.
Manash Lifestyle Private Limited & Anr. v.Eco Tech Recycling & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Manash Lifestyle Private Limited against Eco Tech Recycling & Ors. The court found that the plaintiffs had established a prima facie case, ruling that the defendants' actions—specifically reintroducing scrapped or disposed products into the market—posed grave harm to the reputation and goodwill associated with the plaintiff's registered trademarks (including PURPLLE) and copyrights. This protective order aims to safeguard consumer trust and prevent further unauthorized commercial activity related to the plaintiffs' intellectual property.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited challenged the Single Judge's order dismissing its interim injunction application against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently copied and infringed upon its registered design of the 'Atomberg Renesa Ceiling Fan'. The dispute also involved claims of passing off, given Atomberg's established market presence. However, the Bombay High Court dismissed the appeal, finding no grounds to interfere with the lower court's discretion.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited challenged the Single Judge's order that refused to grant an interim injunction against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently copied its registered ceiling fan design, 'Atomberg Renesa Ceiling Fan,' and committed passing off. The court examined the comparison between the two designs and found that prima facie differences existed in various aspects of the products and packaging. Consequently, the appellate court dismissed Atomberg's appeal, upholding the lower court's decision.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited challenged the Single Judge's order dismissing its interim injunction application against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently copied and infringed upon its registered design of the 'Atomberg Renesa Ceiling Fan.' The dispute involved claims of both design infringement and passing off, given the similarity between the products. The Bombay High Court examined the comparison table provided by both parties. Ultimately, the court found that Atomberg failed to demonstrate 'something more' than mere similarity required for a successful claim of passing off at the interim stage. Consequently, the appeal was dismissed, upholding the lower court's decision.
Mohun Nicholas D'Souza v.The Controller of Patents of Designs
The petitioner challenged the refusal of his patent application, titled "TAMPER EVIDENT TWIST SEAL WITH BREAKAWAY ANCHOR MECHANISM," which was rejected on grounds of lack of inventive steps/obviousness under Section 25(1)(e) of the Patents Act. The High Court found that the Controller failed to conduct a proper analysis regarding obviousness, specifically failing to consider the differences between the claimed invention and prior art as pointed out by the applicant.
Gsp Crop Science Pvt Ltd v.Br Agrotech Limited And Anr
The plaintiff filed a suit seeking permanent injunction against infringement of its Indian Patent No. 3945681, which covers a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The court allowed an application for judgment on admission against Defendant No. 2 after finding inescapable liability due to admissions made by the defendant.
Murarilal Harish Chandra Jaiswal Pvt ltd. v.Jaishankar
The plaintiff, Murarilal Harish Chandra Jaiswal Pvt Ltd., claimed that its registered trademark 'HANS CHAAP' was being infringed and passed off by the defendants in relation to tobacco products. Despite initial interim injunctions, the suit proceeded despite non-appearance of several defendants. The court ultimately decreed the suit, granting a permanent injunction against Defendants 2 to 5 and awarding costs.
Pt Tech, Llc v.The Controller of Patents, Designs and Trademarks and Anr.
The petition challenges the action of Respondent No.1 (Controller of Patents, Designs and Trademarks) for accepting a Counter Statement filed by Respondent No.2 beyond the statutory two-month period stipulated under the Trade Marks Act, 1999. The court noted that the matter would be heard ex-parte against Respondent No.2 due to non-appearance despite service.
Louis Vuitton Malletier v.Ajay Aggarwal
The plaintiff, Louis Vuitton Malletier, filed a suit alleging that the defendant, Ajay Aggarwal, was manufacturing and selling goods using the deceptively similar trademark/label 'LV'. The court found that the defendant was violating the plaintiff's statutory and common law rights, leading to the decree in favor of the plaintiff.
Quality Tools Srl v.The Controller General of Patents And Designs and Anr
The appellant, Quality Tools Srl, appealed against an order rejecting its Patent Application (3902/NP/2010) due to a perceived lack of inventive steps. The court found that the rejection order was devoid of proper reasoning and failed to apply sufficient judicial mind. Consequently, the impugned order was set aside, and the matter was remanded for fresh consideration.
Provivi, Inc. v.The Controller Of Patents And Designs
Provivi, Inc. challenged an order of refusal dated 30.05.2023 passed by The Controller of Patents and Designs regarding its patent application. The Petitioner argued that the Impugned Order summarily rejected the application without examining the submissions made in response to the First Examination Report (FER).
Malikie Innovations Ltd & Anr v.Xiaomi Corporation & Ors
Malikie Innovations Ltd filed a suit against Xiaomi Corporation seeking restraining orders against infringing their Standard Essential Patents (SEPs), which are incorporated into 4G and 5G cellular standards. The Plaintiffs also seek damages and declarations regarding FRAND compliance. The court allowed various interlocutory applications, including leave to amend claims and grant temporary injunctions.
ITC Ltd v.Assistant Controller Of Patents And Designs
ITC Ltd challenged an order passed by the Assistant Controller of Patents rejecting its application for 'METHOD OF PRODUCING AEROSOL GENERATING SUBSTRATE'. The core contention was that the rejection, based on non-patentability and lack of inventive step, violated the principles of natural justice. The appellant argued that the Controller relied on technical materials not furnished to them at any prior stage or during the hearing. Recognizing this serious procedural infirmity, the High Court set aside the impugned order and remanded the matter for fresh adjudication.
Innoviti Payment Solutions Private Limited v.Pine Labs Private Limited
The Original Suit filed under Section 104 of the Patents Act, 1970, was listed for an interlocutory application. The plaintiff subsequently submitted that they were withdrawing the suit, which the court accepted and dismissed it as withdrawn. Additionally, the counter claim filed by the defendant was dismissed due to the prior revocation order.
Novo Nordisk As v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk appealed an order passed by the learned Single Judge regarding an interim application in a patent dispute. The respondents argued they had a license to manufacture but not sell the impugned drug in India, reserving the right to export. The High Court disposed of the appeal, advancing the date for further consideration on the issue of export.
F- Hoffmann -La Roche Ag & Anr v.Zydus Lifesciences Limited
The suit was filed seeking permanent injunction against infringement of two Indian patents related to Pertuzumab (Perjeta). The plaintiffs alleged that the defendant was manufacturing and selling a competing version. However, the court found that the plaintiffs failed to conduct necessary analytical characterization or reverse engineering of the defendant's product as required under Section 104A.
Astrazeneca Ab & Anr v.Ajanta Pharma Limited
This is an interim order passed by the Delhi High Court in a suit concerning alleged infringement of patents. The court settled several issues, including whether the defendants' activities infringe specific patents and the validity/restoration status of one of the patents.
Lucas TVS Limited v.FFC Impex & The Assistant Registrar of Trade Marks
The Madras High Court reviewed an appeal challenging the Registrar of Trade Marks' decision regarding a trademark opposition. The court upheld the Registrar’s finding that there was no proof of actual service of the counter statement on the opponent, thus preserving the right of the opponent to file evidence. However, recognizing the long pendency of the application, the High Court directed the Registry to dispose of the matter expeditiously within three months.
Corning Incorporated v.The Controller Of Patents
Corning Incorporated filed an appeal before the Delhi High Court seeking to set aside a previous order and obtain a patent for application number 202117018914. However, the appellant subsequently sought to withdraw the appeal due to an inadvertent error in filing.
Haveli Restaurants And Resorts Ltd. v.Amritsar Haveli Cuisines Pvt. Ltd. & Anr.
The Delhi High Court addressed an appeal filed by Haveli Restaurants and Resorts Ltd. challenging the rejection of its opposition against a trademark application for 'AMRITSARI HAVELI.' The core issue was whether the Appellant was properly served with the Counter Statement, leading to the Opposition being deemed abandoned. While the court allowed applications related to delay and record summoning, it proceeded to issue notice for written submissions on the main appeal, indicating that the matter is moving toward a substantive hearing.
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