India Patent Cases
2,847 decisions indexed
Page 29 of 95 · 2,847 total
Sonani Industries Pvt Ltd v.Prime Diamond Tech & Ors.
Sonani Industries Pvt Ltd challenged a trial court order that allowed its former employees, who formed Prime Diamond Tech, to continue their business activities despite allegations of copyright infringement. The appellant claimed that the respondents were using proprietary drawings and confidential information related to High Pressure High Temperature (HPHT) machines for diamond coloring. However, the Gujarat High Court dismissed the appeal, holding that the claim of a proprietary right is purely a question of fact requiring expert evidence during trial, and thus, no prima facie case warranted an injunction.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The court addressed arguments concerning the maintainability of a writ petition related to the deletion of an amendment in five patent claims. The court noted similar pending decisions on this issue and allowed the interlocutory application (I.A.) to proceed, considering the counter claim filed by the defendant.
Galatea Ltd v.Diyora And Bhanderi Corporation
Galatea Ltd filed a suit alleging infringement of its Patent No. 271425 against Diyora And Bhanderi Corporation. Concurrently, the defendants filed a counter claim seeking the revocation of this patent. The Gujarat High Court examined both the infringement claims and the validity challenges raised by the defendants. Ultimately, the court found that the plaintiffs failed to prove infringement, and consequently, rejected the counter claim for revocation, affirming the novelty and inventive step of the suit patent.
President And Fellows Of Harvard College v.Controller General Of Patents Designs and Trademarks
The dispute involves President and Fellows of Harvard College challenging the rejection of their patent application for 'non-native' pancreatic beta cells used in diabetes treatment. The Controller General objected primarily on grounds related to Section 3(j) of the Patents Act, 1970, arguing that any cell product originates from an animal source. The court directed both parties to file a brief note clarifying the patentability of these 'non-native' cells and reviewing relevant precedents before proceeding with other objections.
Sulzer Mixpac Ag v.Assistant Controller Of Patents And Designs
Sulzer Mixpac Ag appealed the rejection of its patent application for a 'STATIC MIXER' by the Assistant Controller. The rejection was based on lack of novelty and inventive step in view of cited prior art documents (D1-D4). The court dismissed the appeal, upholding the Patent Office's objections.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
This order addresses two concurrent proceedings concerning Patent IN 243301, which had expired on August 18, 2023. The erstwhile patentee argued the petitions were infructuous due to expiry. Petitioners contended that validity must still be decided as they faced ongoing infringement actions where invalidity was raised as a defense.
R.Vishnu Prasad v.The Controller of Patents, The Patent Office
The appellant filed an appeal challenging the order that his patent application was deemed abandoned due to a four-day delay in responding to the First Examination Report (FER). The appellant argued that the delay was minor and attributable to a clerical error. The High Court found the reasons acceptable, noting the minimal delay and the Controller's failure to properly address the Rule 137 application.
R.Vishnu Prasad v.The Controller of Patents, The Patent Office
The appellant filed a Civil Miscellaneous Appeal challenging the order that deemed his patent application abandoned due to a four-day delay in filing the response to the First Examination Report (FER). The appellant argued that the delay was minor and attributable to clerical error, and that the Controller had sufficient power to condone such irregularities. The High Court found the reasons acceptable and condoned the delay.
Akums Drugs Pharmaceuticals Limited v.Ferring B.V.
The defendant filed an application seeking discovery of facts and particulars of the plaintiff's product to obtain a declaration of non-infringement under Section 105 of the Patents Act, 1970. The court addressed the dispute regarding whether merely furnishing 'full particulars in writing' is sufficient or if the actual product must be shared.
M/S Reflect Sculpt Private Ltd. v.Abdus Salam Khan
In a suit concerning alleged counterfeiting and infringement, the Delhi High Court granted several interim reliefs in favor of M/S Reflect Sculpt Private Ltd. The court allowed exemptions for urgent proceedings, including waiving advance service and pre-institution mediation, recognizing the need for swift action against counterfeit products. Furthermore, the court appointed a Local Commissioner to investigate the alleged infringements, allowing access to premises and financial records to gather evidence regarding the unauthorized use of unique designs and the 'GAURAV GUPTA' trademark.
GS1 India v.Deepak Traders & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of GS1 India against Deepak Traders & Ors. The dispute centers on the exclusive licensing and allocation of specific 13-digit GTIN barcodes (starting with '890') within India. The court found a prima facie case, noting that defendants were allegedly contravening the Terms of Use by allocating these unique identifiers to unauthorized entities, thereby disrupting the global GS1 identification system.
Maya Appliances Private Limited v.Vibrant Concepts And Designs
Maya Appliances Private Limited filed suits alleging that Vibrant Concepts And Designs infringed upon its intellectual property rights, specifically concerning its patented technology and registered designs for frameless gas cooktops. The plaintiff claimed their products were world's first and featured unique design elements and a patentable internal piping system providing visual leak feedback. While the court acknowledged the claims of infringement, it dismissed the interim injunction applications, directing both parties to proceed to trial.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order issued by the Controller of Patents regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on objections concerning lack of novelty, inventive step, and non-patentability under Section 3(k). Google argued that its amended claims introduced differentiating features over the cited prior art.
Archian Foods Private Limited v.Shri Balaji Beverages & Ors.
Archian Foods Private Limited successfully secured an ex-parte interim injunction from the Delhi High Court against Shri Balaji Beverages & Ors. The court granted permission for a Local Commissioner to be appointed, enabling the seizure and confiscation of alleged counterfeit products bearing the 'LAHORI ZEERA' brand. This decisive order allows the plaintiff to take immediate action against infringement across multiple IP rights, including trademark, trade dress, copyright, and design.
Mayo Foundation For Medical Education and Research v.Assistant Controller Of Patents And Designs
The appeal concerns the patentability of a method for detecting autoantibodies in biological samples. The respondent argued that the method was ineligible under Section 3(i) because it described a diagnostic process. The petitioner countered, but the respondent raised a legal challenge based on a Madras High Court judgment, arguing that the previous finding (that in vitro methods were acceptable) was incorrect.
Boehringer Ingelheim International GmbH v.Nexkem Biotech Pvt. Ltd.
Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
Jaypee Brothers Medical Publisher Pvt Ltd v.Rama Krishna Books
The Delhi High Court granted an ex parte ad interim injunction in favor of Jaypee Brothers Medical Publisher Pvt Ltd against Rama Krishna Books. The publisher alleged that the defendant was selling substandard, infringing copies of their medical textbooks while also misusing their registered trademarks. The court found a prima facie case for infringement and ruled that granting the injunction was necessary to prevent irreparable harm to the plaintiff's business interests in the specialized medical publishing market.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging infringement of its registered Trade Mark 'Gold Winner' and copyright violation related to the packaging of edible oil. The plaintiff sought permanent injunctions, directions for destruction of infringing materials, and an accounting of profits. Ultimately, both parties reached a mutual agreement and settled the dispute through a Joint Memorandum of Compromise (JMC).
Hindustan Unilever Limited v.Ishfaq Chemical Industries & Anr.
Hindustan Unilever Limited filed a suit against Ishfaq Chemical Industries for infringement of its trademarks and copyrights, including passing off. The parties reached a settlement agreement on March 28, 2024.
Telefonktiebolaget Lm Ericsson(Publ) v.Lava International Ltd
This Delhi High Court judgment addresses a complex dispute concerning Standard Essential Patents (SEPs) held by Ericsson against Lava International. The court examined the validity, novelty, and inventive step of several patents, while simultaneously determining the scope of infringement and the quantum of damages owed. Ultimately, the judgment affirmed the validity of seven specific patents while directing the revocation process for another patent, alongside awarding substantial damages to Ericsson.
Genentech, Inc. v.Controller of Patents and Designs
Genentech appealed the rejection of its patent application for a medicinal compound, 'Inhibitors of IAP', by the Controller. The Controller rejected the claims citing lack of novelty and inventive step under various sections of the Patents Act. The High Court allowed the appeal, finding the Controller's objections farfetched.
Telefonktiebolaget Lm Ericsson (Pub) v.Lava International Limited
This Delhi High Court judgment addresses a complex dispute over Standard Essential Patents (SEPs) between Telefonktiebolaget LM Ericsson and Lava International Limited. The court examined the validity, novelty, and inventive step of several patents asserted by Ericsson against Lava. While the suit patent IN 203034 was subject to revocation proceedings, the judgment ultimately affirmed the validity of seven other key patents held by Ericsson. Consequently, the Court passed a decree in favor of Ericsson for substantial damages related to past infringement.
Ollos Biotech Private Limited v.Omega Ecotech Products India Limited
Ollos Biotech Private Limited filed an Original Petition to revoke Patent No.411774 granted to Omega Ecotech Products India Limited. The petitioner contended that the invention lacked novelty, inventive step, and was patent ineligible under Sections 3(d) and (f) of the Patents Act, 1970. The court found that both the product claim and method claim lacked an inventive step or novelty based on prior art and non-patent literature.
Panasonic Intellectual Property Management Co. Ltd. v.Controller of Patents and Designs, Government of India
Panasonic Intellectual Property appealed the rejection of its patent application (No.8954/CHENP/2014) concerning an ARC-Welding method and apparatus. The appeal challenged the Controller's decision, arguing that the rejection based on lack of inventive step was not adequately reasoned or explained in the impugned order.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The Plaintiff filed a commercial suit alleging infringement of their patent, 'a self locking glazing system'. The court granted exemption from pre-institution mediation and directed the parties to proceed with the suit. The Defendant contested the injunction, raising objections regarding the validity and suppression of the patent.
Malikie Innovations Limited v.Controller General of Patents, Design, Trade Mark and Geographical Indications
Malikie Innovations Limited appealed against the Patent Controller's order refusing to grant a patent for its file system software. The Controller had raised objections primarily under Section 3(k), arguing it was pure software lacking hardware limitations. The High Court found merit in the appellant's submissions, concluding that since the invention relates only to software and is permissible under existing guidelines, the refusal should be set aside.
Toyota Jidosha Kabushiki Kaisha v.The Assistant Controller of Patents and Designs
Toyota Jidosha Kabushiki Kaisha appealed the Patent Office's decision to reject its patent application concerning a gene sequence designed to increase plant biomass. The appellant argued that the rejections were based on misconceptions regarding claim scope, subject matter eligibility (3j), and inventive step. The High Court allowed the appeal, setting aside the rejection order and remanding the matter for fresh examination.
Nripendra Kashyap v.Assistant Controller of Patents & Designs
The appellant challenged the Assistant Controller's order rejecting his patent application for a reference signal design in cellular communication systems, citing objections under Sections 10(4) and 59 of the Patents Act. The court found that the amendments were merely cosmetic substitutions and criticized the Controller's cryptic rejection, ultimately allowing the appeal.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed against the Assistant Controller's order which concluded that its subject patent lacked inventive step. The appellant argued that the subject application claimed improvements over an earlier granted patent (Patent No. 327649) and sought conversion into a patent of addition under Section 54 of the Patents Act, 1970. The Court found merit in this submission.
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