India Patent Cases
2,823 decisions indexed
Page 26 of 95 · 2,823 total
Network18 Media And Investments Limited v.Www.Brawlersfightclub.Com & Ors.
Network18 Media successfully secured interim relief in the Delhi High Court against various rogue websites operating under domains like brawlersfightclub.com. The court granted a permanent injunction restraining the infringement of Network18's intellectual property, including copyright in an interview video and associated trademarks. Furthermore, the judgment issued critical directions to telecom and internet service providers to block the identified infringing URLs, providing immediate relief against online piracy.
Kathakaar Films Production House v.Shane Ali & Ors
This appeal concerns allegations that Kathakaar Films Production House infringed upon the registered trademarks and copyrights of Shane Ali & Ors. The dispute centers on the use of a logo/mark deceptively similar to the respondents' property in the film 'MAIN LADEGA'. While the appellant admitted using the similar mark, they contested both trademark infringement and copyright violation, arguing the usage was incidental under Section 52(1)(u)(ii) of the Copyright Act. The court listed the appeal for further consideration on merits.
Jfe Steel Corporation v.The Controller Of Patents
Jfe Steel Corporation appealed a refusal order issued by The Controller of Patents regarding its patent application for a method of activating a continuous annealing furnace. The Controller had rejected the application, citing lack of inventive step based on prior art (D1 and D2). The Delhi High Court allowed the appeal, setting aside the Impugned Order and remanding the matter to the Controller.
Honeywell International Inc v.The Controller Of Patents
Honeywell International Inc appealed a decision by The Controller of Patents regarding its patent application for 'Organic Fluorescent Compositions.' The core dispute centered on the validity of amendments made to the original claims, specifically changing the scope from a 'composition' to just the 'compound.' Honeywell argued that these amendments merely narrowed the scope and were fully supported by the original specification. The Delhi High Court ultimately ruled in favor of the appellant, setting aside the impugned order and remanding the application for fresh examination.
Grip Invest Technologies Private Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of Grip Invest Technologies, restraining a newly discovered mirroring website (eliteedgebrokerage.info) from operating. The court found that the new site was an exact copy of the plaintiff's website, infringing both copyright and trademark. Furthermore, the court directed the Domain Name Registrar and the Department of Telecommunication to take immediate steps to block access to the infringing domain, reinforcing proactive measures against online IP infringement.
Croda Inc v.The Controller Of Patents
Croda Inc filed an appeal before the Delhi High Court challenging the order dated November 6, 2020, issued by the Assistant Controller of Patents and Designs. The original patent application (No. 1432/DELNP/2013) concerning Agrochemical Adjuvants and Formulations was refused.
Reckitt Benckiser (India) Private Limited v.The Advertising Standards Council of India
Reckitt Benckiser challenged an order passed by the learned Judge which rejected its application for an interim injunction against The Advertising Standards Council of India (ASCI). Reckitt, a manufacturer of consumer health products like MORTEIN mosquito repellent, sought to prevent ASCI from adjudicating complaints against its new product advertisements. The Madras High Court ultimately found that the suit did possess cause of action and jurisdiction in Tamil Nadu, setting aside the initial order and remanding the matter for fresh consideration on merits.
Saint Gobain Placo v.Khushbu Frames
The plaintiffs are seeking an injunction against the defendants for allegedly infringing on their registered patents related to corrugated construction elements. The defendants claim they have never used the technology in question.
Blick System India Private Limited v.Franz Safford And Others
The case involves a petition for revocation of a patent granted to the defendant and a counter suit alleging infringement of the suit patent by the plaintiff.
Sandvik Intellectual Property Ab v.Mr. Kalyan Singh & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing their patents, specifically concerning distributor plates and turbo tips compatible with SANDVIK VSI crushers. After initial ex parte orders, the matter was disposed of at a summary stage upon concession by the defendant regarding the injunction.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co Ltd
Communication Components Antenna Inc. filed a suit seeking permanent injunction and damages against Mobi Antenna Technologies (Shenzhen) Co Ltd for infringing Indian Patent No. 240893, which covers 'Asymmetrical Beams for Spectrum Efficiency'. The Plaintiff alleged that the Defendant's Bi-Sector Array Antennas infringed both method and product claims of the patent. Despite the Defendant raising challenges regarding the patent's validity under Sections 64(e), 64(f), and 3(d) of the Patents Act, the Court ultimately decreed the suit in favor of the Plaintiff.
Parijat Industries India Private Limited v.Deputy Controller Of Patents And Designs & Anr.
Parijat Industries appealed against an order by the Deputy Controller of Patents and Designs which had revoked its Indian Patent No. 372550 based on grounds under Section 25(2)(b), (e), (f) and (g). The High Court found that the reasoning provided in the Impugned Order was inadequate and did not meet judicial standards.
Leonhard Kurz Stiftung And Co. Kg v.Controller Of Patents
The appeal challenged the Controller of Patents' refusal of the Appellant's patent application, which held that subsequent amendments were outside the scope of the original filing. The High Court found that the amended claims referenced the complete specifications as originally filed. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by the Patents Office.
Cassiopea S.P.A. v.Controller General Of Patents And Designs & Ors.
Cassiopea S.P.A. appealed the order passed by the Assistant Controller of Patent, which rejected its Indian Patent Application (No. 201717042863) and accepted a pre-grant opposition filed by other respondents. The Delhi High Court allowed applications for condoning delay in filing and re-filing the appeal.
Taiho Pharmaceutical Co Ltd v.The Controller Of Patents
Taiho Pharmaceutical Co Ltd appealed a patent application rejection order issued by The Controller of Patents. The appellant argued that the rejection, based on Sections 2(1)(ja) and 3(d) of the Patents Act, 1970, failed to consider submitted data and did not provide adequate opportunity to respond to the Section 3(d) objection.
Alimentary Health Limited v.Controller Of Patents And Designs
Alimentary Health Limited appealed the refusal of its Indian Patent Application (No. 3989/DELNP/2012), which covered a formulation using the probiotic strain Bifidobacterium longum NCIMB 41676 (AH1714). The Controller had rejected the application, citing lack of inventive step and non-patentability under various sections of the Patent Act. The Delhi High Court set aside this refusal order and remanded the matter for fresh consideration. The court provided detailed directions to the Controller, requiring a thorough reassessment focusing on novelty, specific dosage/methodology, and whether the claims relate to second medical use.
Syngenta Participations Ag v.Controller Of Patents And Designs
Syngenta appealed the rejection of its patent application (No. 872/DELNP/2011) for 'Crop Safeners' by the Deputy Controller of Patents & Designs. The primary objection was the lack of specification regarding the ratio of constituents and novelty issues. The High Court found that the suggested amendments could address the non-specification issue and remanded the application for a fresh hearing.
Gsp Crop Science Pvt. Ltd v.Devender Kumar
The Plaintiff filed a suit for infringement of Indian Patent No. 3841841 related to a suspo-emulsion of Pendimethalin and Metribuzin. The parties mutually resolved their disputes and agreed to a compromise.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The case involves allegations of patent infringement regarding product patent IN 268632 and process patent IN 464646.
Boehringer Ingelheim Pharma Gmbh v.Natco Pharma Limited
The plaintiffs alleged infringement of their statutory rights over Indian Patent No. 224186. The parties amicably resolved their disputes and executed a Settlement Agreement.
Gunjan Sinha @ Kanishk Sinha v.Union of India
The appellants filed an appeal challenging a single bench order that had dismissed their writ petition. The original petition questioned the validity (vires) of Section 53 of the Patents Act, 1970. The court admitted the appeal but dismissed the prayer for stay, stating that the statute remains valid until struck down.
M/S New Bharat Overseas v.M/S Bhagwati Lacto Vegetarian Exports Pvt Ltd
The Delhi High Court allowed an application for substitution, recognizing that the original petitioner's trademark and copyright rights had been assigned to a new entity, M/s New Bharat Impex. The court held that since the cause of action now rested with the assignee, the substitution was necessary for effective adjudication. This order ensures continuity in IP litigation following a change in ownership.
Eli Lilly And Company v.Natco Pharma Limited
The suit concerned allegations by Eli Lilly And Company that Natco Pharma Limited was infringing Indian Patent No. IN 297760 related to Abemaciclib. The dispute was resolved amicably, with the Defendants agreeing not to launch any product containing Abemaciclib until the patent expires or is invalidated.
Nokia Technologies Oy v.Amazon Seller Services Private Limited & Ors.
The court addressed several interlocutory applications in the patent infringement suit filed by Nokia Technologies Oy against Amazon Seller Services Private Limited and others. The court disposed of the application seeking exemption from mediation and dismissed the application filed by Defendant No. 5 seeking deletion from the array of parties, affirming that all defendants are necessary for the dispute.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A filed an appeal before the Delhi High Court challenging the Assistant Controller of Patents and Design's order dated January 2, 2024. The refusal was based on Section 3(b) of the Patents Act, 1970, concerning the Appellant's Indian Patent Application No. 201917025257.
Winzo Games Private Limited v.Hike Global Pte. Ltd.
WinZO Games Private Limited filed a petition seeking interim reliefs against Hike Global Pte. Ltd. alleging that the Respondents launched a competing app ('Rush') which imitated WinZO's features, misused confidential information, and utilized WinZO's proprietary match-making algorithm. The court issued an interim order directing both parties to place relevant source codes and algorithms on record for the Sole Arbitrator.
E. R. Squibb And Sons, Llc v.Zydus Lifesciences Limited
The plaintiffs are seeking a permanent injunction against the defendant for infringing their patent related to the pharmaceutical product NIVOLUMAB, marketed as OPDYTA in India. The defendant is attempting to process a biosimilar version of the plaintiff's drug.
Manish Vanigota v.Commissioner of Customs Nagpur
The appeal challenged the absolute confiscation of goods and penalties imposed by the Commissioner of Customs, Nagpur. The case involved various consignments containing prohibited items, including those infringing intellectual property rights, cosmetics, and pharmaceutical products. The Tribunal set aside several penalties, finding that the adjudicating authority failed to elaborate on the specific prescriptions violated.
Guala Closures Spa v.Agi Greenpac Limited
Guala Closures Spa filed a suit seeking enforcement of its patent rights against Agi Greenpac Limited, alleging infringement by the latter's 'Voila Closure.' The Plaintiff holds Patent No. 349522 for a tamper-evident closure with a two-level tear-off seal mechanism. The court examined the prima facie case regarding infringement and the necessity of an interim injunction. Ultimately, the Court found that the triple test for granting an injunction was not met, favoring the Defendants' business interests at this preliminary stage.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India
The petitioner challenged the constitutional validity of Section 53 of the Patents Act, 1970, arguing that since full patent rights only commence upon grant, counting the twenty-year term from the date of application is contradictory. The respondents argued that both sections operate at different stages and are compliant with international obligations like TRIPS Agreement. The Court ultimately held that Section 53 is intra vires the Constitution.
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