India Patent Cases

2,847 decisions indexed

Page 23 of 95 · 2,847 total

patent plaintiff favorable · Aug 3, 2024

Suprajit Engineering Limited v.Shivam Pandey And Ors

Delhi District Court · 68668380

Suprajit Engineering Limited filed a suit seeking permanent injunction against defendants for infringing its registered trademark 'SUPRAJIT', passing off, and violating its copyright related to automotive cables. The plaintiff claimed that the defendants were deceptively using the mark and trade dress on their goods. The court ultimately decreed the suit, granting an injunction and awarding token damages.

patent mixed · Aug 2, 2024

Terex India Private Limited v.Cde Asia Ltd.

Calcutta High Court · 5179520

Terex India Private Limited appealed an order refusing its post-grant opposition against Indian Patent No. 307249, which was granted to CDE Asia Ltd. The appellant argued that the Deputy Controller's decision failed to provide independent reasoning or address key legal submissions regarding patentability and prior art. The Calcutta High Court set aside the impugned order, quashing it and remanding the matter for fresh consideration.

patent interim order · Aug 2, 2024

Falcon Autotech Private Limited v.Kengic Intelligent Technology Co. Ltd.

Delhi High Court - Orders · 69830700

The plaintiff filed a suit alleging infringement of its patented 'Integrated Pre-Sortation System' (Patent No. IN410846). The plaintiff sought an interim injunction to protect its statutory rights against the defendant, who was allegedly manufacturing and selling infringing sorter machines in India without proper licenses.

patent dismissed · Aug 1, 2024

Kanishk Sinha v.The Union Of India and Others

Calcutta High Court (Appellete Side) · 47769536

The writ petition challenged an administrative order denying the petitioner access to EV registration linkage data. The petitioner claimed this data was necessary to track sales and claim royalties under his patent related to electric car mechanisms. The court disposed of the petition, stating it had not expressed an opinion on the merits of the petitioner's rights and directing parties to pursue remedies in the appropriate forum.

patent pending · Aug 1, 2024

Pps International v.Subhajit Goswami And Another

Delhi High Court - Orders · 84790315

Pps International filed a petition before the Delhi High Court seeking the revocation of registered patent number 475011 under Section 64 of the Patents Act, 1970. The court allowed an exemption application and issued notices to all respondents for filing their replies.

patent pending · Aug 1, 2024

Daikin Industries Ltd v.Assistant Controller Of Patents And Designs

Delhi High Court - Orders · 53195633

Daikin Industries Ltd filed an appeal before the Delhi High Court challenging the refusal of its patent application (no. 202217036137) by the Assistant Controller of Patents and Designs. The court issued notice to the respondent and granted time for filing a reply, setting the matter for renotification.

patent pending · Aug 1, 2024

Chia Tai Tianqing Pharmaceutical Group Co Ltd v.Assistant Controller of Patents and Designs

Delhi High Court - Orders · 53682374

This appeal was filed by Chia Tai Tianqing Pharmaceutical Group Co Ltd against an order dated March 14, 2024, passed by the Assistant Controller of Patents and Designs. The original application for patent (No. 202117022431) was rejected based on objections under Section 2(1)(ja) and Section 3(d) of the Indian Patents Act, 1970.

patent pending · Aug 1, 2024

Agro Innovation International v.The Controller Of Patents

Delhi High Court - Orders · 107242070

Agro Innovation International filed an appeal challenging the Controller of Patents' decision dated 23.02.2024, which had rejected their patent application no. 202017025064. The court allowed applications for exemption and condoned a delay of eight days in filing the appeal, subsequently issuing notice to the respondent.

patent pending · Aug 1, 2024

University Of Florida Research Foundation Incorporated v.The Assistant Controller of Patents And Designs

Delhi High Court - Orders · 133405841

The petitioner filed an appeal challenging the refusal by the Assistant Controller of Patents and Designs to grant a patent for application no. 202017034395, citing non-patentability under Section 3(b). The court first condoned the delay in filing the appeal before directing parties to file replies regarding the main appeal.

patent pending · Aug 1, 2024

Boehringer Ingelheim International GmbH v.The Controller of Patents

Delhi High Court - Orders · 16969740

Boehringer Ingelheim International filed an appeal against the Controller of Patents' order dated April 24, 2024. The core issue is whether the patent application constitutes a valid divisional application under Section 16 of the Patents Act, 1970. The court granted an interim exemption regarding document filing and listed the main appeal for further hearing.

patent plaintiff favorable · Aug 1, 2024

Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr

Delhi High Court - Orders · 15085528

The Delhi High Court granted an ex-parte ad interim injunction in favor of Grm Foodkraft Pvt Ltd against Ks Agro Impex. The court found that the defendant's use of a nearly identical packaging and mark ('ZARDA SPECIAL') created a significant likelihood of consumer confusion with the plaintiff's 'Zarda King' product. This ruling protects the plaintiff's trade dress, which was deemed both an original trade dress under the Trade Marks Act and an original artistic work under the Copyright Act.

patent pending · Jul 31, 2024

Natera Inc v.The Assistant Controller Of Patents And Designs

Delhi High Court - Orders · 83283695

Natera Inc appealed against an order issued by The Assistant Controller of Patents and Designs, which held that its patent application (No. 18/DELNP/2015) was not patentable due to non-compliance with various sections of the Patent Act, 1970. The High Court issued notice and granted time for the respondent to file a reply.

patent interim order · Jul 31, 2024

Incyte Holdings Corporation v.Lotus Labs Private Limited

Delhi High Court - Orders · 2155203

The plaintiffs filed a suit regarding infringement of patent IN'841. The court considered the defense that the defendants were only engaged in permitted activities under Section 107(A) and had not yet obtained commercial manufacturing licenses from CDSCO. The court granted an interim order allowing the defendants to proceed with obtaining necessary permissions.

patent settled · Jul 31, 2024

Sunita Jaykumar Patel & Anr. v.International Institute Of Pelvic Floor Research Rahab and Education & Ors.

Gujarat High Court · 198772506

This Gujarat High Court judgment addresses an appeal challenging a restrictive interim injunction granted in a trademark and copyright dispute. The parties reached a Memorandum of Understanding (MoU) to resolve key aspects of the conflict, specifically regarding the use of the 'V Care' mark and the scope of copyright protection for educational materials. Consequently, the court substituted the original injunction order with the terms agreed upon in the MoU, effectively settling the immediate dispute at the injunction stage.

patent remanded · Jul 30, 2024

Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs

Delhi High Court · 163174772

The appellant challenged the refusal of their patent application, which claimed a method for generating live vaccines. The Delhi High Court found that the impugned order was merely a reproduction of the hearing notice and lacked independent reasoning or application of mind to the appellant's submissions. Consequently, the court set aside the rejection and remanded the matter for fresh consideration.

patent mixed · Jul 30, 2024

Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 198453316

Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, arguing that the invention was not merely a method of treatment but rather an in vitro method for selecting specific allogenic T-cell lines. The respondent had rejected the claim under Section 3(i) of the Patents Act, 1970, on this ground. The Madras High Court found that the respondent erroneously failed to appreciate the actual scope of the claim, which focused on the selection process rather than treatment itself.

patent mixed · Jul 30, 2024

Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents

Delhi High Court · 17692126

Ab Initio Technology Llc challenged the rejection of its patent applications, which were initially denied on grounds that the subject matter was merely a computer program per se or algorithm (Section 3(k)). The appellant argued that their data processing method provided a 'technical effect' by improving resource efficiency. The Delhi High Court allowed the appeals to the extent that the objections under Section 3(k) and Section 16(1) were found not tenable, setting aside those impugned orders. However, the court remanded the matter back to the Controller for fresh examination regarding inventive step (Section 2(1)(ja)).

patent remanded · Jul 30, 2024

Star Scientific Limited v.The Controller Of Patents And Designs

Delhi High Court · 186619337

Star Scientific Limited appealed the Controller's order refusing the grant of a patent (Application No. 202017011947) for Catalytic Combustion. The appellant argued that the refusal was flawed because it failed to consider their detailed responses and amendments, and that non-attendance at the hearing was not abandonment due to financial difficulties. The High Court set aside the impugned order and remanded the matter for fresh consideration.

patent mixed · Jul 30, 2024

Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 118141736

Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, which had rejected it on the grounds that the invention was a method of treatment, making it unpatentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the claim described an in vitro method of selecting T-cell lines, not a direct method of treating a patient. The Madras High Court agreed with this distinction, finding that the rejection was based on an erroneous application of law to the facts. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by a different Patent Controller.

patent interim order · Jul 30, 2024

Mold-Tek Packaging Limited v.Ideal Technoplast Industries Limited & Ors.

Delhi High Court - Orders · 49066222

The plaintiff, Mold-Tek Packaging Limited, filed a commercial suit seeking permanent injunction against infringement of its registered patents and designs. The court granted several procedural exemptions to the plaintiff, including exemption from advance service and pre-litigation mediation. Furthermore, the court allowed an application for Local Commissioners to conduct search and seizure at the defendants' premises regarding alleged patent infringement.

patent pending · Jul 29, 2024

Phillip Morris Produts S A v.Assistant Controller Of Patents And Design

Delhi High Court - Orders · 55471842

Phillip Morris Produts S A filed an appeal challenging the Assistant Controller's refusal to grant a patent application. The Controller refused the grant on the ground that the invention related to tobacco use, which causes serious prejudice to human life or health, making it ineligible under Section 3(b) of the Patents Act, 1970.

patent pending · Jul 29, 2024

Schneider Electric It Corporation v.Assistant Controller Of Patents And Designs

Delhi High Court - Orders · 95533916

Schneider Electric It Corporation has appealed against an order by the Assistant Controller of Patents and Designs rejecting the grant of patent for Patent Application No. 201617000209. The appellant contends that the respondent failed to consider their detailed submissions regarding the invention requirements under Section 2(1)(ja) of the Indian Patents Act, 1970.

patent plaintiff favorable · Jul 26, 2024

Victaulic Company v.The Controller of Patents and Designs, Government of India

Madras High Court · 121254010

Victaulic Company appealed the rejection of its patent application (No. 201948026247) by the Controller of Patents and Designs, Delhi. The appeal argued that the rejection disregarded a precedent set by the Delhi High Court in Syngenta Limited vs. Controller of Patents and Designs. The Madras High Court allowed the appeal.

patent plaintiff favorable · Jul 26, 2024

Mae Maschinen-und Apparatebau G?tzen GmbH v.The Controller of Patents and Designs, Government of India

Madras High Court · 191986258

Mae Maschinen-und Apparatebau G?tzen GmbH appealed the rejection of its patent application (No. 201748028185) by the Controller of Patents and Designs. The appellant argued that the rejection disregarded a precedent set by the Delhi High Court regarding divisional applications. The Madras High Court agreed, finding the rejection contrary to established law.

patent plaintiff favorable · Jul 26, 2024

Victaulic Company v.The Controller of Patents and Designs, Government of India

Madras High Court · 11206763

Victaulic Company appealed the rejection of its patent application, which had been rejected by the Controller despite prior rulings from the Delhi High Court regarding divisional applications. The Madras High Court found that the Controller disregarded established legal precedent and allowed the appeal.

patent plaintiff favorable · Jul 26, 2024

Anupam Saxena v.Shiv Verma Trading As Marksons Herbal Life & Ors.

Delhi High Court - Orders · 41268435

The Delhi High Court granted an interim injunction in favor of Anupam Saxena against Shiv Verma Trading As Marksons Herbal Life & Ors. The court found that the plaintiff's brand 'ADIBASI Hair Oil,' along with its distinctive trade dress and packaging, constitutes a valid registered trademark and original artistic work under copyright law. Consequently, the defendants were restrained from manufacturing or selling products deceptively similar to ADIBASI until the final hearing, protecting the plaintiff's market reputation.

patent interim order · Jul 25, 2024

Vishal Choudhary v.Snpc Machines Private Limited

Delhi High Court · 144582746

Vishal Choudhary appealed an order that restrained him from manufacturing and selling brick making machines due to alleged patent and copyright infringement. The High Court reviewed the matter, including a local commissioner's report confirming the availability of eight such machines.

patent plaintiff favorable · Jul 24, 2024

Levi Strauss And Company v.Sanchit Garg

Delhi District Court · 30416818

Levi Strauss & Company filed a suit against Sanchit Garg alleging that the defendant was clandestinely stocking, storing, and selling jeans and apparel bearing deceptively similar trademarks ('Levi's', 'Two Horse Logo') and infringing designs. The court found the defendant guilty of trademark infringement, passing off, and copyright violation.

patent plaintiff favorable · Jul 23, 2024

R. & D. S.R.L. v.Controller of Patents and Designs, Government of India

Madras High Court · 196881215

R. & D. S.R.L. appealed the rejection of its Patent Application (No. 8850/CHENP/2012) by the Controller of Patents and Designs. The appellant argued that the impugned order was non-speaking, failing to provide reasons for rejecting the application or disallowing amended claims. The High Court agreed, finding the decision unsupported by adequate reasoning.

patent pending · Jul 23, 2024

Nakul v.Versuni India Home Solutions Limited

Delhi High Court - Orders · 63300974

The court addressed several procedural matters in CS(COMM) 225/2024 and CS(COMM) 226/2024. It allowed the plaintiff time to file replication, issued notice for the defendant's counterclaim seeking revocation of Patent No. 319855, and granted permission to the defendant to submit prior art evidence via a pen drive.

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