India Patent Cases
2,847 decisions indexed
Page 31 of 95 · 2,847 total
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Global Life Sciences Solutions USA LLC v.Controller General of Patents, Designs & Trademarks
Global Life Sciences Solutions USA LLC appealed the rejection of its patent application concerning a Gamma Sterilizable RFID system. The invention utilizes a ferro-electric random access memory (FRAM) chip with redundant information storage to ensure data integrity when exposed to high-intensity gamma radiation used in sterilization processes. The Madras High Court examined whether this combination was obvious based on existing prior art, particularly regarding redundancy techniques. Ultimately, the court found that the nature and purpose of the claimed redundancy were fundamentally different from those disclosed in the cited prior art, thereby satisfying the inventive step requirement.
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.
Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India
Immunas Pharma appealed the rejection of its Indian Patent Application (No.5542/CHENP/2010), which was rejected primarily on grounds that the claimed 6E4 antibody was an inherent feature and not patent-eligible under Section 3(c) as it was discovered in nature. The High Court set aside the rejection, holding that the specific method of production made the antibody patentable.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an antibody targeting PDGFR alpha, which was rejected under Section 3(c) as being a naturally existing substance. The appellant argued that the antibody was generated through complex hybridoma and transgenic mouse technology, making it recombinant and non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India
Immunas Pharma appealed the rejection of its patent application for an antibody capable of binding to A-beta oligomers. The rejection was based on the grounds that the antibody was a natural nonliving substance and thus not patentable under Section 3(c) of the Patents Act, 1970. The High Court set aside the rejection order.
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.
Micro Labs Limited v.The Controller Of Patents
Micro Labs Limited filed this Commercial Suit seeking the revocation of Indian Patent No. 243301 and an injunction against Boehringer Ingelheim Pharma GMBH Co. KG. The court noted that the same parties were involved in related proceedings before the Delhi High Court. Consequently, the application to withdraw the suit was allowed.
Industeel France v.The Assistant Controller of Patents, Design, Trade Mark And Geographical Indications Patent Office
Industeel France appealed against the rejection of its patent application (No. 119/CHENP/2007) by the Assistant Controller of Patents. The appellant argued that the Controller repeatedly changed objections and prior arts, causing procedural inconvenience. The High Court allowed the appeal, setting aside the rejection order and remanding the matter for fresh examination.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
The Delhi High Court heard several part-heard matters concerning a common legal question under Section 3(k) of the Patent Act, 1970. The order was passed in hybrid mode and scheduled for further hearing.
Erytech Pharma v.The Assistant Controller of Patents and Designs
Erytech Pharma filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the Assistant Controller's decision regarding Indian Patent Application No. 661/CHENP/2010. The appellant subsequently sought and was granted leave to withdraw the appeal.
Microsoft Technology Licensing, LLC. v.The Assistant Controller of Patents & Designs
Microsoft Technology Licensing appealed the dismissal of its patent application (No. 4866/CHENP/2015) by the Assistant Controller of Patents & Designs. The rejection was based on alleged non-filing of Form-3, coverage by the original application, and exceeding the specification. The High Court allowed the appeal, finding that the Controller had not applied its mind to the facts, and remanded the matter for fresh consideration.
SNPC Machines Private Limited & Ors. v.Mr Vishal Choudhary
The plaintiffs, SNPC Machines Private Limited & Ors., filed an application seeking a permanent injunction against Mr. Vishal Choudhary for allegedly manufacturing and selling similar brick making machines that infringe on their patents (Nos. 353483, 359114, etc.) and copyrights in technical literature. The court found that the plaintiffs had made out a prima facie case of infringement.
Vertex Pharmaceuticals Incorporated v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
The petitioner challenged the acceptance of a pre-grant opposition by the Patent Office despite an internal decision to proceed with the patent grant. The court addressed procedural issues related to the timing of the decision versus the filing of the opposition, referencing Section 43 of the Patents Act.
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
Kudos Pharmaceuticals, the registered proprietor of Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, which was supported by an interlocutory injunction application.
Sicpa Holding Sa v.The Controller of Patents
Sicpa Holding Sa appealed the rejection of its patent application for 'Inline Spectroscopic Reader and Methods' by the Controller of Patents, which cited a lack of inventive step. The High Court found that the Controller had not adequately considered the detailed explanations provided by the appellant in response to the objections raised on prior art. Consequently, the appeal was allowed, and the matter was remanded for fresh consideration.
M/S Lavos Performance v.M/S Yashram Lifestyle Brands Pvt Ltd.
The petitioner challenged an order by the Trial Court that dismissed its application to stay proceedings in an infringement suit, arguing that a revocation petition against the respondent's patent was pending before the competent authority. The Karnataka High Court ruled that while evidence relating to alleged infringement could be recorded, the final arguments on the merits of the suit must wait until the outcome of the patent revocation application.
Qualcomm Incorporated v.The Controller of Patents
Qualcomm appealed an order from the Patent Controller rejecting its invention titled 'ENHANCED BLOCK-REQUEST STREAMING SYSTEM FOR HANDLING LOW-LATENCY STREAMING'. The appeal argued that the Controller failed to adequately consider the appellant's written submissions and did not correctly assess the novelty and inventive step against prior art. The High Court allowed the appeal and remanded the matter for fresh consideration.
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