India Patent Cases
2,823 decisions indexed
Page 32 of 95 · 2,823 total
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals appealed a rejection order issued by the Assistant Controller of Patents. The appeal challenged the refusal, which cited claims that were not part of the final application submission. The High Court found the impugned order to be unreasoned and procedurally flawed.
Apex Laboratories Pvt. Ltd. v.Zenon Healthcare Limited
Apex Laboratories Pvt. Ltd. filed a civil suit against Zenon Healthcare Limited and Krishnam Bio-Tech alleging trademark and copyright infringement related to its product ZINCOVIT. The plaintiff sought permanent injunctions against the use of deceptively similar marks like ZINOZVIT, as well as relief for passing off and unauthorized reproduction of artistic works. Both parties ultimately resolved their dispute amicably through a Joint Memorandum of Compromise.
Duke University v.Deputy Controller of Patents & Design
Duke University appealed the rejection of its patent application for 'LASOFOXIFENE TREATMENT OF ER+ BREAST CANCER' by the Deputy Controller. The Controller rejected the application, citing prior art and statutory objections (Sec. 2(1)(ja) and Sec. 3(i)), without permitting the appellant to amend its claims as requested.
Victaulic Company v.Asst. Controller of Patents and Designs, Government of India
Victaulic Company appealed the rejection of its patent application for a 'Mechanical Pipe Coupling having Spacers' on the grounds that it lacked inventive steps. The appellant argued that its invention, featuring a collapsible spacer, provided an advantage not present in the cited prior art (D1 and D2).
Magnum Eco Tech. Partner v.Controller General of Patents, Designs & Trademarks
Magnum Eco Tech. Partner filed an Appeal before the Madras High Court seeking to reverse a prior order by the Controller General of Patents regarding patent application 201841047838 and grant the patent in their favor. The petition also included a request for condonation of delay. However, the court noted that attempts to serve the Registry notice on the petitioner failed as the petitioner was not present at the given address. Consequently, the Court closed the appeal/petition.
Saint Gobain Abrasives Inc v.Controller Of Patents
The appellant challenged the Assistant Controller's order rejecting their patent application, which cited three pieces of prior art (D1, D2, D3) as making the invention obvious. The court found that the impugned order failed to provide a useful analysis of how the combination of prior arts led to the conclusion of obviousness. Furthermore, the court noted the rejection of amendments lacked proper discussion.
Vertex Pharmaceuticals Incorporated v.Controller General Of Patents, Design, Trademark and Geographical Indications & Ors.
Vertex Pharmaceuticals Incorporated filed a petition challenging a notice issued regarding a pre-grant opposition filed by respondent no. 3 against its Indian Patent Application. Vertex claims that the opposition could not have been filed after the Controller had already decided to proceed with the grant of the patent.
Blick System India Private Limited v.Franz Safford And Others
The petitioner filed an application seeking the revocation of a suit patent granted to the respondents. The dispute involved whether a previous undertaking given by the respondents, restricting them from hindering the petitioner's business through distributors, should continue. The court ultimately held that the undertaking was no longer sustained.
Mitsui Chemicals Inc v.Controller Of Patents
Mitsui Chemicals Inc appealed the refusal of its patent application (No. 3877/DELNP/2009), which was rejected on grounds that the claims were unpatentable as a 'method of agriculture' (Section 3(h)) and that amendments violated Section 59. The Appellant argued that the original PCT filing supported the amended composition claims, making the refusal invalid.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
F- Hoffmann -La Roche filed a suit for infringement against Zydus Lifesciences Limited concerning two patents related to Pertuzumab, a monoclonal antibody used in cancer treatment. The court issued several procedural orders and directed both parties to provide exhaustive legal and scientific assistance, including disclosing experts and considering an independent Scientific Advisor, while the core issue of formulation identity remains pending.
Sharp Kabushiki Kaisha v.Assistant Controller of Patents and Designs, Government of India
Sharp Kabushiki Kaisha appealed the Patent Controller's rejection of its application for a communication system. The appellant argued that the grounds of rejection were not properly disclosed or overlooked by the Controller. The Madras High Court allowed the appeal and set aside the impugned order.
Dr. Vandana Parvez v.The Controller of Patents Office of Controller General of Patents
The appellants appealed the rejection of their patent application for a method/system related to interactive online digital content. The Controller rejected the application, citing lack of novelty based on prior art D1 (the appellants' own withdrawn application). The Madras High Court set aside the rejection order, finding that citing the appellant's own withdrawn application as prior art was invalid and directing the Patent Office to expunge it from the public domain.
BMI Group Danmark Aps (Formerly Icopal Danmark Aps) v.The Assistant Controller of Patents and Designs and Another
The appeal challenges the refusal of a patent application (No. 202017020602) by the Assistant Controller, which was based on non-compliance with Section 2(1)(ja) of the Patents Act. The Appellant argued that the Assistant Controller's reasoning regarding prior art was cursory and lacked sufficient justification. The Court found the existing reasoning insufficient and issued notice to the Respondents for reconsideration.
Sequenom, Inc And Anr v.The Controller Of Patents
The appellants challenged the rejection of their Indian Patent Application No. 2476/DELNP/2011 by The Controller of Patents on multiple grounds, including Section 3(i) of the Patents Act, 1970. Given that the challenge under Section 3(i) is being deliberated in a batch of appeals before another Bench, the Court decided to tag this appeal for hearing before that same Bench to ensure uniformity.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft appealed the rejection of its Indian Patent Application for 'Discovery of Secure Network Enclaves' by the Assistant Controller. The rejection was based on lack of inventiveness and indefinite claims violating Section 10(4). The High Court found procedural flaws in the rejection order, particularly regarding the sudden introduction of certain objections, and allowed the appeal.
Mustafa Raza Dhorajiwala Sole Proprietor of M/s Kemei India v.Dinesh Kumar Proprietor of M/S Jai Laxmi Marketing and Anr
This Delhi High Court order addresses a rectification petition filed by Kemei India against a copyright registration held by Jai Laxmi Marketing. The petitioner argues that the 'KEMEI' mark was improperly registered as a copyright despite its prior existence and registration as a trademark in 2013. The court has initiated proceedings, issuing notice to all parties and setting a timeline for filing replies, moving the case toward substantive dispute resolution.
Nec Corporation v.Assistant Controller Of Patents And Designs
Nec Corporation appealed an order dated June 21, 2022, passed by the Patent Officer rejecting their patent application. The application, filed in 2017 as a national phase PCT filing, relates to video coding and decoding technology.
Aratana Therapeutics, Inc. v.Controller of Patents and Designs
Aratana Therapeutics appealed the Controller's rejection of its patent application (No. 201747026233), which related to a weight-gaining compound for animals with chronic maladies. The appellant argued that their claims were limited to oral administration methods and did not claim a permanent cure, contrary to the Controller's interpretation under Section 3(i).
Philip Morris Products S A v.Deputy Controller Of Patents And Design
Philip Morris Products S A appealed the Deputy Controller's order refusing grant of patent application No. 201617029499. The appellant argued that the refusal violated natural justice principles and that the invention, which aids in smoking reduction, should not be barred under Section 3(b) of the Patents Act.
Qualcomm Incorporated v.Assistant Controller of Patents & Designs
Qualcomm Incorporated appealed the Assistant Controller's decision to reject its patent application for 'Methods and Apparatus for Estimating Departure Time'. The rejection was based on the grounds that the invention lacked inventive step. The High Court found the impugned proceedings too cryptic and lacking in reasoning, leading it to allow the appeal.
Avita International Ltd And Anr v.The Assistant Controller Of Patents And Designs
The appeal was filed by Avita International Ltd challenging the rejection of its PCT application (PCT/1B2017/051404) by the Assistant Controller of Patents and Designs. The court granted exemptions for filing documents but directed that notice be issued to the respondent, listing the matter for further hearing.
ITC Limited v.Philip Morris Products S.A.
ITC Limited filed an appeal challenging the order that rejected its post-grant opposition against a patent granted to Philip Morris Products S.A. The court issued notices and set the matter for further hearing.
Amayse As v.Joydeb Mukherjee & Anr
Amayse A/S alleges that Joydeb Mukherjee is infringing its patent related to advertisement elements during a cricket match. The plaintiff claims that the defendant's products are infringing upon their patented technology.
Nokia Technologies Oy v.Vivo Mobile Communication Co Ltd
Nokia Technologies OY filed a patent infringement suit against Vivo Mobile Communication Co Ltd and others, claiming infringement of their patent related to mobile telecommunications. The case involved multiple hearings and ultimately led to a settlement agreement between the parties.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors.
Nokia Technologies Oy filed a patent infringement suit against Guangdong Oppo Mobile Telecommunications Corp Ltd and others, asserting that three of its Standard Essential Patents (SEPs) were being infringed by the Defendants' mobile phones. After extensive hearings regarding infringement, validity, essentiality, and FRAND compliance, the parties reached a settlement agreement.
Tekelec, Inc. v.The Controller of Patents
Tekelec appealed against the Patent Controller's order rejecting its patent application based on lack of inventive step. The appellant argued that the controller unfairly relied on prior art cited earlier, which the controller had subsequently given up in a hearing notice. The High Court found that a fair hearing was not accorded and allowed the appeal.
Tata Sons Private Limited & Anr. v.Malla Rajiv
The Delhi High Court ruled in favor of Tata Sons Private Limited & Anr. against Malla Rajiv for infringing on their trademarks and copyrights related to packaged drinking water. The court found that the defendant's use of 'JK COPPER+ WATER' was an unauthorized imitation, causing consumer confusion and diluting the plaintiffs' goodwill associated with brands like 'TATA COPPER+ WATER'. Consequently, the suit was decreed, granting permanent injunction, damages amounting to ₹ 10 lakhs, and recovery of actual legal costs.
Man Truck Bus Se v.Assistant Controller Of Patents Designs
The appellant, a commercial vehicle manufacturer, appealed the Assistant Controller's decision rejecting its patent application. The appeal argued that the Controller ignored foreign patents filed by the appellant and violated natural justice by relying on prior art (D5) during the hearing which was never included in the initial notice.
Intercontinental Great Brands Llc v.Assistant Controller of Patents and Designs, Government of India
Intercontinental Great Brands LLC appealed the rejection of its patent application for a soluble foaming composition. The rejection was based on lack of inventive step and insufficient disclosure. The High Court found that the Patent Controller failed to consider the detailed submissions made by the appellants regarding the distinction between their protein-free invention and the cited prior art, leading to the appeal being allowed and the matter remanded.
M/s.Microsoft Technology Licensing, LLC. v.Assistant Controller of Patents and Designs
Microsoft Technology Licensing appealed the refusal by the Assistant Controller of Patents and Designs to grant a patent for its computer-related invention, 'Delegating Instant Messaging Sessions'. The core dispute centered on whether the software met the criteria for patentability under Section 3(k) of the Patents Act. The Madras High Court ruled in favor of Microsoft, emphasizing that an invention based on a computer program is not automatically excluded if it demonstrates a clear technical effect or contribution, aligning with international jurisprudence and revised Patent Office guidelines.
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