India Patent Cases
2,847 decisions indexed
Page 25 of 95 · 2,847 total
Sapporo Medical University v.Assistant Controller of Patents and Designs, Government of India
Sapporo Medical University appealed the rejection of its Patent Application No.1899/CHENP/2010 by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order was cryptic and failed to properly consider the prior art or the detailed explanations provided regarding inventive step. The High Court found the respondent's conclusion unsupported by material and allowed the appeal, remitting the matter for fresh consideration.
3M Innovative Properties Company v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 20174704977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, arguing that the invention was a computer program/implementable method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection (computer program vs. mathematical/statistical), leading to the matter being remanded for fresh consideration.
3M INNOVATIVE PROPERTIES COMPANY v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 201747024977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, claiming the invention was a non-technical computer program or mathematical method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection, leading to the matter being remanded for fresh consideration.
M/s.The Zero Brand Zone Pvt. Ltd. v.The Controller of Patents & Designs
The appellant challenged the rejection of their patent application for an eco-friendly lamp made from panchagavya and leaves. The appellant argued that the product was novel and not merely traditional knowledge, while the respondents contended that the invention fell under Section 3(p) as it related to traditional ingredients and was obvious based on prior art D1 to D3.
ITW GSE APS v.Dabico Airport Solutions Pvt Ltd
The plaintiffs, ITW GSE APS, filed a suit seeking permanent injunction against Dabico Airport Solutions Pvt Ltd for infringing their registered patent IN 330145. The patent relates to a Preconditioned Air Unit (PCA) with Variable Frequency Driving (VFD). The court found that the plaintiffs had made out a prima facie case and granted an interim injunction.
Saurav Chaudhary v.Union Of India & Anr.
Saurav Chaudhary challenged the abandonment of his patent application, "Blind-Stitch Sewing Machine," which occurred because he failed to file a response to the First Examination Report (FER) within the stipulated time. The court found that the negligence and lack of communication from the appointed Patent Agent constituted professional misconduct. Consequently, while the petition was disposed of, the court directed the CGPDTM office to initiate an enquiry against the defaulting Patent Agent and mandated the creation of a formal Code of Conduct for IP agents.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A has filed an appeal challenging the Assistant Controller's order refusing to grant a patent for its application (No. 201617028283). The refusal was based on the ground that the invention is not patentable under Section 3(b) of the Patents Act, specifically concerning E-cigarettes.
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The High Court found the original order cryptic, noting that it failed to discuss prior arts or address specific submissions made by the appellant regarding synergistic effects and foreign patents. Consequently, the appeal was allowed, and the matter was remanded for fresh scrutiny.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 5584/CHENP/2010). The rejection was based on lack of inventive step and exclusion as a computer program per se. The High Court allowed the appeal, finding that the invention possesses enhanced technical effect and meets the inventive step criteria.
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The appellant argued that the respondent's order was cryptic, failing to discuss prior arts or submitted evidence like a US patent grant. The High Court found merit in these arguments and allowed the appeal.
Nord Lock Ab v.Gala Precision Engineering Private Limited
The plaintiffs filed an application seeking a permanent injunction against the defendants, alleging that the defendants were infringing two registered patents related to the manufacture of washers. The court issued notice and directed that if the defendants file a suit challenging the validity or non-infringement of these patents, it must be done within the jurisdiction of the Delhi High Court.
Nokia Of America Corporation v.Assistant Controller of Patents and Designs, Government of India
Nokia appealed the rejection of its patent application, arguing that the respondent's order failed to properly discuss the invention and how it was hit by obviousness. The court found that the Controller merely concluded that a person skilled in the art could calculate technical glitches using prior arts without adequately testing them against the claimed invention.
Arcelormittal Investigacion Y Desarrollo SL v.The Assistant Controller Of Patents And Designs
Arcelormittal Investigacion Y Desarrollo SL appealed against an impugned order dated February 20, 2024, passed by the Assistant Controller of Patents and Designs. The original order refused to grant a patent for Indian Patent Application No. 1908/DELNP/2015, citing lack of full disclosure and technical advancement. The High Court noted the submissions and directed parties to file replies.
Schneider Electric It Corporation v.Assistant Controller Of Patents And Designs
Schneider Electric It Corporation appealed an order by the Assistant Controller of Patents and Designs which rejected the grant of a patent application (No. 6134/DELNP/2015). The rejection was based on the alleged lack of inventive constructional features and failure to meet novelty and inventive step criteria. The court issued notice and directed both parties to file written submissions.
Pharmacyclics Llc v.Deputy Controller Of Patents And Designs
Pharmacyclics Llc appealed the Deputy Controller of Patents and Designs' decision dated March 5, 2024, which refused to grant a Patent under Section 15 of the Act. The appellant also filed an application seeking condonation of eight days delay in filing the appeal.
Waterways Leisure Tourism Private Limited v.Ashok Kumar And Others
The Delhi High Court granted an ex parte ad interim injunction in favor of Waterways Leisure Tourism Private Limited against Ashok Kumar and others. The court found a prima facie case that the respondents were illegally imitating, impersonating, and infringing upon the petitioner's registered trademarks ('Cordelia Cruises') and copyrighted material related to its cruise services. The order specifically restrained the defendants from using the plaintiff's marks across all media platforms and directed the blocking of an offending website until the final hearing.
Microsoft Technology Licensing, LLC v.The Assistant Controller of Patents and Designs, The Patent Office
Microsoft Technology Licensing appealed an order rejecting the grant of a patent application (No. 2559/CHENP/2012) on grounds of lack of inventive step. The Appellant argued that the Controller failed to provide proper consideration or independent reasons for concluding the invention was obvious in light of prior art and common general knowledge.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed the refusal of its patent application, which was rejected citing lack of inventive step and being a mere admixture. The appellant argued that the crucial feature—the formation of a double population structure—was ignored by the respondent. The High Court allowed the appeal, finding procedural lapses in the rejection order, and remitted the matter for fresh consideration.
West Bengal Chemical Industries Limited v.M/s. GTZ (India) Pvt. Ltd.
The petitioner, an API manufacturer, claimed that the respondents were infringing their patents (IN370845 and IN434424) related to Ferric Carboxymaltose. The petitioner sought an interim injunction against the alleged infringement. However, the court dismissed the petition, finding that the petitioner failed to establish a prima facie case for granting the injunction.
Upl Limited v.Assistant Controller of Patents and Designs
Upl Limited challenged an order dated February 8, 2023, issued by the Assistant Controller of Patents and Designs, arguing that the order was cryptic and failed to consider all filed documents (D3 and D4) when rejecting amended claims under Section 2(1)(j)(a) of the Patents Act. The High Court agreed with the petitioner's submissions.
Ajinomoto Co., INC v.The Assistant Controller of Patents and Designs, Government of India
Ajinomoto Co. appealed the Controller's decision to reject its patent application (No. 4039/CHENP/2014). The core issue was whether the Authority complied with Section 13(3) of the Patents Act, 1970, which requires examination of amended specifications in a manner similar to the original specification. The High Court found that this procedure had not been followed.
Srinivas S. Devathi v.Union of India
Srinivas S. Devathi challenged the Union of India's refusal to provide a consent letter required under Section 86 of the CPC to initiate legal action against the United States Patent and Trademark Office (USPTO). The petitioner alleged that USPTO committed fraud by issuing a fabricated International Search Report (ISR) for his PCT application, thereby jeopardizing his global patent rights. The Karnataka High Court allowed the petition, setting aside the non-speaking order of the Ministry of External Affairs and directing the Union of India to reconsider the matter and issue a reasoned decision within six months.
ATLAS COPCO AIRPOWER NAAMLOZE VENNOOTSCHAP v.THE CONTROLLER GENERAL OF PATENTS AND DESIGNS AND ANR
The petitioner company filed an appeal (IPDPTA/12/2022) which was dismissed for default. The petitioner sought condonation of a 330-day delay, citing being based in Belgium and unaware of the transfer of IPAB matters to the High Court due to legal changes and COVID-19. The court found sufficient cause and allowed the delay, restoring the appeal.
Srinivas S Devathi v.Union of India
Srinivas S Devathi filed a writ petition alleging that the USPTO, acting as an International Search Authority (ISA), fabricated an International Search Report (ISR) for his patent application (US Patent No. 8910998 B1). He claimed this fraud led to the rejection of his patent rights globally. The petitioner sought directions from the Union of India to initiate legal action against USPTO and WIPO. However, the Karnataka High Court dismissed the petition, holding that since the claims required extensive evidence and were outside writ jurisdiction, and given the prior requirement for consent under Section 86 of the CPC, the present petition was premature and not maintainable at this stage.
Mayco Monsanto Biotech (India ) Ltd v.The Government of Andhra Pradesh
Mayco Monsanto Biotech filed a writ petition challenging an impugned G.O. issued by the Government of Andhra Pradesh which fixed the reasonable trait value/royalty for cotton seeds for 2015-16. The court considered the arguments regarding potential prejudice to the petitioners if the order was suspended.
Professor Jayashankar v.Monsanto Technology LLC
Professor Jayashankar filed an Original Petition seeking the revocation of Patent No. 232681, granted to Monsanto Technology LLC, under Section 64 of the Patents (Amendment) Act, 2005. The petition was heard by the Madras High Court on June 13, 2024. However, due to the petitioner's failure to appear despite being served notice, the court dismissed the Original Petition for non-prosecution.
Professor Jayashankar, Telangana State Agricultural University v.Monsanto Technology LLC
Professor Jayashankar, representing Telangana State Agricultural University, filed an Original Petition seeking the revocation of Patent No. 232681 held by Monsanto Technology LLC. The petition aimed to challenge the validity of the patent under Section 64 of the Patents (Amendment) Act, 2005. However, despite being served notice, the petitioner failed to appear before the Madras High Court on multiple occasions. Consequently, the court dismissed the Original Petition for non-prosecution.
Indian Institute of Technology (IIT Madras) v.The Controller of Patents & Designs
IIT Madras appealed the refusal of its patent application concerning a method for doping potassium into ammonium perchlorate to increase burn rates in solid propellants. The Controller rejected the application citing lack of novelty, inventive step, and Section 3(d) restrictions. The High Court upheld the rejection on grounds of Sections 3(d) and 2(1)(ja), finding the claimed technical advance obvious.
Fives Combustion Systems P Ltd v.Vadodara-I
The appellant challenged the demand raised by the revenue regarding royalty payments made for technical knowhow supplied by a foreign company. The core issue was whether this payment constituted a taxable intellectual property service under Indian law, given that the service provider was not governed by any Indian law.
Interdigital Technology Corporation v.Guangdong Oppo Mobile Telecommunications Corp. Ltd.
The suit involved Interdigital Technology Corporation alleging infringement of its Standard Essential Patents (SEPs) by Guangdong Oppo Mobile. The parties filed interlocutory applications regarding document discovery and the constitution of a confidentiality club. The court ruled that defendants must disclose their agreements with Qualcomm, while rejecting plaintiffs' request for Ericsson and Orange S.A. agreements.
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