India Patent Cases
2,823 decisions indexed
Page 23 of 95 · 2,823 total
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents
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)).
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
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.
Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India
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.
Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India
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.
Mold-Tek Packaging Limited v.Ideal Technoplast Industries Limited & Ors.
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.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
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.
Schneider Electric It Corporation v.Assistant Controller Of Patents And Designs
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.
Victaulic Company v.The Controller of Patents and Designs, Government of India
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.
Victaulic Company v.The Controller of Patents and Designs, Government of India
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.
Anupam Saxena v.Shiv Verma Trading As Marksons Herbal Life & Ors.
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.
Mae Maschinen-und Apparatebau G?tzen GmbH v.The Controller of Patents and Designs, Government of India
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.
Vishal Choudhary v.Snpc Machines Private Limited
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.
Levi Strauss And Company v.Sanchit Garg
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.
R. & D. S.R.L. v.Controller of Patents and Designs, Government of India
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.
Cosco India Ltd v.Varsha Sports
In a suit concerning the alleged infringement of its registered trademarks and copyright, Cosco India Ltd successfully moved an application before the Delhi High Court. The court allowed the plaintiff to introduce official certificates from the Trademark Registry into the record. This procedural step is crucial for establishing the validity and scope of the intellectual property rights at the nascent stage of the litigation.
Nakul v.Versuni India Home Solutions Limited
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.
Nakul v.Versuni India Home Solutions Limited
The court addressed several applications in the suit, including granting time for the plaintiff to file a replication. Crucially, the defendant filed a counterclaim under Section 64 of The Patents Act, 1970, seeking revocation of Indian Patent No. 319855. Additionally, the court allowed the defendant to submit prior art via an encrypted pen drive.
Hero Motocorp Limited v.Mr. Vishal Chhatwani
Hero Motocorp Limited filed a suit against Mr. Vishal Chhatwani alleging infringement across multiple IP domains, including trademark, design, and copyright, related to industrial oils and lubricants. The parties successfully entered into mediation, leading to a comprehensive settlement agreement dated July 9, 2024. The court subsequently decreed the suit in favor of Hero Motocorp Limited based on the terms of this settlement, which included an acknowledgment of IP ownership and payment of ₹ 4,00,000/- by the defendants.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act regarding amendments. The High Court found that the impugned order was unreasoned because the Controller failed to discuss the appellant's explanation despite it being provided. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Mitsubishi Electric Corporation v.The Controller of Patents and Designs, Government of India
Mitsubishi Electric Corporation appealed the refusal of its patent application, which was rejected by the Controller citing lack of inventive step and lack of unity of invention. The appellant argued that the rejection lacked proper reasoning regarding both grounds. The High Court allowed the appeal and remitted the matter for fresh consideration.
Sakata Seed Corporation v.The Controller of Patents and Designs, Government of India
Sakata Seed Corporation appealed the Controller's rejection of its patent application for 'Eustoma having Cytoplasmic Male Sterility,' citing that it was essentially a biological process. The appellant argued that specific human interventions, such as screening and checking hybrid seeds, made the invention non-biological. The High Court agreed with this contention but found the Controller lacked sufficient reasoning on the matter.
Mitsubishi Electric Corporation v.The Controller of Patents and Designs, Government of India
Mitsubishi Electric Corporation appealed the refusal of its patent application, which was rejected by the Controller citing lack of inventive step and lack of unity of invention. The High Court found that the Controller failed to assign valid reasons for either rejection ground. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Corcept Therapeutics Incorporated v.The Deputy Controller Of Patents And Designs
Corcept Therapeutics Incorporated filed an appeal against the Assistant Controller's order refusing to grant a patent for Indian Patent Application No. 202117031510. The appellant contends that the refusal was erroneous as the application meets all criteria for patentability, while the respondent argued it failed tests under Sections 2(1)(j), 2(1)(ja), and 3(e)/3(i) of the Patents Act.
Pushpendra Patel & Anr. v.Amazon Seller Services Pvt Ltd & Anr.
The Delhi High Court granted interim relief to the plaintiffs, who are innovators in water purification systems. The court found a prima facie case suggesting that the defendant's trademark complaint was fraudulent and based on copied designs. Consequently, the court directed Amazon Seller Services (Defendant No. 1) to immediately re-list all de-listed product postings belonging to the plaintiff, while also restraining future arbitrary de-listings.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act. The High Court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation regarding the amendments. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Syngenta Limited And Anr v.Gsp Crop Science Private Limited
The Delhi High Court issued an order in a patent-related suit, directing the appointment of a Scientific Advisor from IIT Delhi. The advisor is tasked with examining the manufacturing processes, sites, and chemical usage by the Defendant regarding DroneX and Azoxystrobin technical to assist the court in resolving complex technical issues.
Sonani Industries Pvt. Ltd. v.Galactica Processing Technologies Llp
Sonani Industries Pvt. Ltd. appealed an order from the Additional District Judge-11, Surat, challenging a rejection of its interim injunction application in a patent infringement suit. The plaintiff claimed that defendants were infringing their patented Diamond Holding Devices used in High Pressure High Temperature (HPHT) diamond treatment. The Gujarat High Court upheld the trial court's finding, concluding that the appellant failed to establish a prima facie case for infringement. Consequently, the appeal was dismissed, though the defendants were directed to maintain accurate accounts of revenue related to the disputed technology.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act regarding amendments. The court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation despite having been provided. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Pharmacyclics Llc v.Bdr Pharmaceuticals International Pvt
The plaintiffs are seeking a permanent injunction to restrain the infringement of Patent No. 262968, along with damages and other reliefs. The case involves allegations of contempt against the defendants for violating an interim injunction.
ITW GSE APS & ANR. v.DABICO AIRPORT SOLUTIONS PVT LTD & ORS
The plaintiffs filed a suit for permanent injunction against the defendants for infringing their patent related to Pre-Conditioned Air (PCA) units. A judgment was passed on July 4, 2024, restraining the defendants from dealing with the infringing units.
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