India Patent Cases
2,823 decisions indexed
Page 30 of 95 · 2,823 total
Suzuki Motor Corporation v.Controller General Of Patents, Designs and Trademarks And Anr
Suzuki Motor Corporation appealed regarding objections related to their patent claims. The Court noted that while there is no specific provision for re-consideration, amendments might be allowed if errors relate to translation/transliteration. The Court subsequently directed the Appellant to file an application under Section 57 of the Patents Act to amend their modified claims.
Baxalta Incorporated v.The Controller Of Patents
Baxalta Incorporated appealed a decision by the Assistant Controller of Patents which refused their application for "FACTOR VIII POLYMER CONJUGATES" due to lack of novelty and inventive steps in product claims. The appellant sought leave to submit an auxiliary claim set restricting the scope to method claims. The High Court allowed this submission, setting aside the impugned order and remanding the matter for fresh consideration.
E.R.Squibb & Sons Llc v.Union of India
International pharmaceutical companies (Petitioners) challenged the recommendations of the Opposition Board regarding their granted patent. They argued that the Board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by them under Rule 60, due to inaction by the Patent Controller.
Ashok Leyland Limited v.The Controller of Patents & Designs
Ashok Leyland Limited challenged the recommendations of the Patent Opposition Board (OBR) regarding its patent IN387429, alleging that the OBR failed to consider the expert evidence submitted by both parties. The petitioner sought quashing of the OBR and reconstitution of a fresh Opposition Board. The Court dismissed the petition, holding that the OBR is merely recommendatory and the Controller retains the duty to make an independent decision.
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
The plaintiff filed a suit claiming infringement of Patent 369150, which covers a novel process for extracting Alpha Yohimbine. The plaintiff sought an interim injunction to stop the defendants from using or manufacturing the subject compound. However, the court noted evidence presented by the defendants showing they were already manufacturing the compound through a similar process prior to the patent application date.
Voicemonk Inc v.Controller General of Patents, Designs & Trade Marks
Voicemonk Inc appealed the rejection of its patent application for a system and method related to content recommendation using Augmented Reality. The Controller had raised objections regarding lack of clarity, subject matter eligibility (Section 3(k)), and novelty/inventiveness (Sections 2(1)(j) and 10(4)).
M/S Imberatek Llc v.Apple Inc & Anr.
M/S Imberatek Llc filed a commercial suit alleging patent infringement against Apple Inc. Initially, the plaintiff sought to withdraw the suit to explore mediation, and the court allowed it with a refund of court fees. However, subsequent consideration found that since no urgent interim relief was sought, the plaintiff could not circumvent the mandatory requirement of pre-litigation mediation under Section 12A of the Commercial Courts Act, leading to the final dismissal of the suit.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents
Ab Initio Technology Llc appealed against an order rejecting its patent application. The core dispute revolves around whether the claimed method for data processing qualifies as an invention despite being classified as a computer program per se under Section 3(k) of the Patents Act, 1970.
Niranjan Arvind Gosavi And Ors v.Innovatiview India Private Limited
The plaintiffs filed a commercial suit alleging that the defendant infringed their patent (No. 336205) related to secure document validation methods by bidding for an NTA e-tender requiring enhanced QR Code solutions. The court refused to grant an ad-interim injunction, considering the impact on the tendering process, but directed the defendant to maintain full accounts if they succeed in the tender.
Bayer Pharm Aktiengesellschaft v.The Controller General Of Patents And Designs
Bayer appealed the refusal of its patent application (No. 5818/DELNP/2006), which was rejected on grounds that the composition did not meet criteria under Sections 3(e) and 3(i) of the Patents Act, 1970. The High Court found that the Controller failed to adhere to principles of natural justice by not clearly communicating all objections in the hearing notice, and ruled that the claimed composition was patentable.
GenSquare LLC v.The Assistant Controller of Patents & Design, Patent Office
GenSquare LLC appealed the Assistant Controller's order refusing its divisional patent application. The refusal was primarily based on the ground that the divisional claims did not flow from the original parent application. The Madras High Court allowed the appeal, finding that the Controller's reliance on an overruled judgment was flawed.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The Plaintiffs (F- Hoffmann -La Roche Ag) filed an application seeking the constitution of a Confidentiality Club. The Defendant (Zydus Lifesciences Limited) argued that access should be contingent upon preliminary findings regarding the identity of the biosimilar to the innovator drug. The Court directed both parties to submit their proposed members for the confidentiality club.
Business Objects Software Limited v.The Controller of Patents
Business Objects Software Limited appealed an order by The Controller of Patents rejecting its invention, titled 'Transparent Distribution and Module Decoupling Through Asynchronous Communication and Scopes', under Section 2(1)(j) of the Patent Act. The High Court found that the Controller's order lacked quality and failed to consider the appellant's amended claims during the hearing.
Wyeth Llc v.The Controllers Of Patents
Wyeth LLC appealed an impugned order regarding its patent application. The core dispute revolves around amendments made by the appellant from a PCT application (claiming a 'regimen') to subsequent national phase applications (claiming a 'combination' and 'pharmaceutical pack'). Wyeth argues these amendments were within the scope of Section 59 of the Patents Act, 1970.
Eli Lilly And Company Private Limited v.Eskayef Pharmaceuticals Limited
Plaintiffs, Eli Lilly And Company, filed a suit alleging infringement of their Indian Patent No. IN 297760 (covering Abemaciclib) by the Impugned Drug 'Abeclib', manufactured by Defendant No. 1. The court prima facie found that 'Abeclib' infringes the patent and granted an interim injunction.
Crystal Crop Protection Limited v.Safex Chemicals India Limited & Ors
The Plaintiff alleges that the Defendants' product composition infringes on their patented weedicidal formulation, which includes a specific blend of chemicals. The case involves determining whether the Defendants' product violates the claims of the Plaintiff's patent.
Hygieia, Inc. v.Assistant Controller of Patents and Designs, Government of India
Hygieia appealed the rejection of its patent application (No. 10225/CHENP/2013) by the Assistant Controller of Patents and Designs. The rejection was based on various grounds, including Section 59, which alleged that the amended claims exceeded the original specification. The Madras High Court allowed the appeal, emphasizing that a patent specification must be read as a whole.
Martinswerk Gmbh v.The Assistant Controller of Patents and Designs, Government of India
Martinswerk Gmbh appealed the rejection of its product patent application for novel aluminum hydroxide flame retardants. The appeal argued that the Patent Controller repeatedly shifted and reverted between different limbs of Section 3(d) without providing a consistent or fair hearing process. The High Court found merit in these submissions.
Bdr Pharmaceuticals International Pvt Ltd v.Kudos Pharmaceuticals Limited & Anr
This order addresses an interim injunction application filed by Kudos Pharmaceuticals Limited (Plaintiff) against Bdr Pharmaceuticals International Pvt Ltd (Defendant). The court noted that the suit patent IN'720 was nearing its expiration date. The parties debated whether to proceed with the hearing given the imminent expiry and broader legal questions regarding patent coverage versus disclosure.
Pfizer Inc. v.Beacon Pharmaceuticals Limited
The case involves a patent infringement dispute where Pfizer Inc. claims that Beacon Pharmaceuticals has infringed on their patents. An ex-parte ad-interim injunction was granted in favor of the Plaintiffs regarding the subsisting patents.
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed a rejection order issued by the Controller of Patents concerning its patent application No. 5945/DELNP/2009. The appellant argued that the Controller's observation contradicted previous hearing notices and written submissions, specifically regarding industrial applicability under Section 2(1)(ac) of the Patents Act, 1970.
International Education & Research Foundation v.Deputy Commissioner of Income Tax, International Tax (DCIT)
The assessee, International Education & Research Foundation, appealed against orders charging TDS and interest on annual payments made to international education boards like IBO/Cambridge. The Assessing Officer held that these payments constituted royalty for the use of trademarks and services provided by the overseas institutions. The Tribunal condoned the delay and restored the matter to the Assessing Officer for further clarification regarding the nature of the lump sum fees.
A.L.M.Holding Company v.Assistant Controller of Patents and Designs, Government of India
A.L.M.Holding Company appealed the Patent Controller's rejection of its application for a cold-in-place recycling method, which was rejected on grounds of lacking inventive step. The core dispute centered on whether prior art citing heat-based processes could invalidate an invention that specifically operates without heat in key stages.
Nihon Onkyo Engineering Co. Ltd. v.The Controller General of Patents, Designs & Trade Marks
The appellant challenged the rejection of its patent application based on objections under Section 3(k) and Section 59 of the Patents Act. The court found that the Controller's order was not adequately reasoned and failed to consider the inventor's submissions regarding both sections. Consequently, the appeal was allowed, and the matter was remanded for fresh consideration.
Merck Sharp & Dohme Corp. v.Ranvir Kumar Bindeshwari Singh
The plaintiffs filed a suit for patent infringement regarding Sitagliptin (Patent No. 209816). An ex-parte ad interim injunction was previously granted restraining the defendants from dealing in infringing products. The court noted that the patent has since lapsed, making the injunction infructuous, but allowed the plaintiffs to seek relief of costs and damages.
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
This order addresses an application seeking five corrections to a previous judgment dated March 1, 2024. The plaintiffs sought corrections primarily regarding the timeline of Natco's revocation filing relative to Kudos' infringement suit, and technical errors in referencing patent numbers and claim descriptions.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an anti-PDGFR alpha antibody, which was rejected under Section 3(c) as being a discovery of a naturally existing molecule. The appellant argued that the antibody was generated through complex hybridoma and recombinant technology involving transgenic mice, making it non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Monsnto Technology Llc v.The Assistant Controller of Patents and Designs, Patent Office, Chennai
Monsnto Technology Llc appealed the Patent Controller's order rejecting its patent application for 'Chloroplast Transit Peptides'. The appellant argued that the rejection was based on incomplete consideration of claims and citation of subsequent prior art. The Madras High Court allowed the appeal, set aside the impugned order, and remanded the matter for fresh consideration.
Intelligent Energy Limited v.The Controller General of Patents, Designs & Trade Marks
Intelligent Energy Limited appealed the rejection of its patent application (No. 3716/CHENP/2007) by the Controller General, which held that the invention lacked inventive step due to close resemblance to prior art D1. The appellant argued that their technique for capturing byproduct hydrogen represented a significant improvement over existing technology. The High Court allowed the appeal and remanded the matter for fresh consideration.
Genmab A/S v.Assistant Controller of Patents and Designs, Government of India
Genmab A/S appealed the rejection of its patent application (No. 4718/CHENP/2007) for a monoclonal antibody targeting human CD38. The respondent argued that the antibody was merely a discovery of a naturally existing molecule, thus ineligible under Section 3(c). The High Court set aside the rejection, finding that the antibody was produced through substantial human intervention and possessed inventive step.
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