India Patent Cases
2,847 decisions indexed
Page 34 of 95 · 2,847 total
The Regents Of The University Of California v.Controller General Of Patents, Designs & Trademarks & Anr.
The Regents of the University of California appealed a rejection order issued by the Controller General of Patents regarding their patent application for 'Blockade of Inflammatory Proteases with Theta Defensins'. The rejection primarily hinged on objections related to novelty and inventive step, compounded by concerns over the permissibility of claim amendments under Section 59(1) of the Patents Act. The Delhi High Court ultimately ruled in favor of the appellant, holding that the amendments served only as explanations or incorporated facts already disclosed, thereby allowing the application to be remanded for fresh examination.
Arthrogen Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Arthrogen Gmbh appealed the rejection of its Indian patent application for a method involving gold particle enrichment of blood serum. The Patent Office had rejected the claim under Section 3(i) and 3(j) of the Patents Act, arguing it constituted a 'method of treatment.' Arthrogen successfully argued that the claims were directed towards a novel 'method of producing' a substance, not a direct method of treating humans. Consequently, the Delhi High Court set aside the rejection order and remanded the matter for fresh consideration.
Equitas Small Finance Bank Limited v.3Sk Innovations Pvt. Ltd.
The petitioner invoked Section 64(1) of the Patents Act, 1970, to seek the revocation of Indian Patent 307627. The court granted exemption and issued notice to all respondents, directing them to file their replies within specified timelines.
Hindustan Unilever Ltd v.Azizur Rahaman And 4 Ors
The Bombay High Court allowed Hindustan Unilever Ltd's petition to combine its claims for passing off with those for trademark and copyright infringement. This strategic move aims to streamline litigation by consolidating multiple causes of action into a single proceeding. Consequently, the court expanded the existing ad-interim injunction, reinforcing the restraint on defendants from manufacturing or trading goods that deceptively resemble HUL's distinctive brands like Lakme and its associated artistic works.
Waterotor Energy Technologies Inc. v.Union Of India & Anr.
The petitioner filed a writ petition seeking to set aside an order deeming abandonment of its Indian Patent Application (No. 202017037539) under Section 21(1) of the Patents Act, 1970. The petitioner claims they received no information regarding the response deadline for the first examination report and that the failure was due to lack of communication from the Second Patent Agent (SPA).
Paratek Pharmaceuticals, Inc. v.Assistant Controller of Patents and Designs, Government of India
Paratek Pharmaceuticals challenged an order rejecting its patent application for a tetracycline compound. The High Court found the rejection order bad in law because it failed to consider the appellant's responses and submissions, and because it introduced new objections (claims 9-24) not raised during the hearing notice. Consequently, the court set aside the impugned order and remanded the matter.
Daikin Industries Ltd v.Controller of Patents and Designs
Daikin Industries Ltd appealed the rejection of its patent application for a 'Fluorinated Polymer and Surface Treating Agent Composition' by the Controller of Patents and Designs. The appellant argued that the controller had cherry-picked claims and failed to address the final amendments, leading to an avoidable litigation. The High Court allowed the appeal.
Ibrum Technologies v.The Controller of Patents
Ibrum Technologies appealed the dismissal of its patent application for an Intelligent Indoor Air Quality Monitoring System. The rejection was based on non-compliance with various sections of the Patents Act, but the appellant argued that the Controller's proceedings were flawed because their oral submissions were interrupted mid-argument. The Madras High Court allowed the appeal and remanded the matter back to the Controller.
Novartis Ag v.MSN Laboratories Pvt Ltd
The parties presented joint issues to the Delhi High Court. The court framed multiple issues concerning the validity of Indian Patent IN 233161 based on various grounds (prior art, inventive step, etc.) and whether the defendant's manufacture/sale of Eltrombopag Olamine infringes this patent.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising its Letters Patent Appellate Jurisdiction, disposed of multiple appeals filed by The State of Jharkhand against various respondents. These appeals were decided based on the judgment passed in L.P.A. No. 203 of 2022 and other analogous precedents. The court provided further clarifications and directions while settling these complex patent-related disputes.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising its Letters Patent Appellate Jurisdiction, disposed of a series of interconnected Letters Patent Appeals (L.P.A.). The judgment confirmed the disposition of these appeals based on the precedent established in L.P.A. No. 203 of 2022 and other analogous cases. This ruling provides clarity and specific directions across multiple patent disputes involving various parties, thereby concluding the appellate proceedings.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising Letters Patent Appellate Jurisdiction, disposed of multiple Letters Patent Appeals (L.P.A.) on January 31, 2024. The judgment confirmed the disposition of these appeals based on the precedent established in L.P.A. No. 203 of 2022 and other analogous cases. This ruling addresses various disputes arising under patent law within the state.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed a rejection order dated 11.11.2016 concerning Patent Application No. 6334/CHENP/2009, which related to polyamide materials with high fluid barrier properties. The appeal challenged the finding that the invention lacked inventive step and was obvious in view of prior art documents D5 and D6.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed a rejection order regarding its patent application for a polyamide material with high fluid barrier properties. The rejection was based on lack of inventive step, citing prior art D5 and D6. The court examined the teachings of both prior arts and concluded that combining them would lead to an obvious invention.
Freebit AS v.Exotic Mile Private Limited
Freebit AS, a Norwegian corporation, filed an infringement suit against Exotic Mile Private Limited (operating under the brand "Boult") alleging that their products infringed Freebit's registered patent IN'748 for an improved 'C'-shaped earphone interface. The appellant sought an interim injunction but it was rejected by the Single Judge on grounds of non-disclosure and potential patent invalidity. This appeal challenged the rejection, but the High Court ultimately dismissed the appeal, upholding the lower court's decision regarding the denial of interim relief.
Saint-Gobain Placo v.Pooja Industries (Indigyp Frames)
The Plaintiffs are seeking to permanently restrain the Defendant from infringing their Indian Patents related to construction elements. The Defendant is accused of trading in products that are copies of the Plaintiffs' patents.
Rajesh Sultania And Anr. v.Arun Kumar Murarka
The Delhi High Court dismissed a petition filed by Rajesh Sultania and Anr. which challenged the rejection of a plaint in an infringement suit brought by Arun Kumar Murarka. The Petitioners argued that the Respondent lacked standing to sue for trademark infringement because he was not the registered proprietor of 'YEH KHILA YEH KHILA.' However, the Court found that the comprehensive nature of the Respondent's claim—which included both copyright and trademark infringement—disclosed a valid cause of action. Furthermore, the court noted an assignment deed supporting the Respondent's ownership claims, concluding that the preliminary rejection of the plaint was correct.
3M Innovative Properties Company v.Joint Controller of Patents and Designs
The petitioner appealed against the Joint Controller's order rejecting its patent application for a compound used in treating viral diseases and tumors. The rejection was based on lack of inventive step and falling under Section 3(d).
Incyte Holdings Corporation v.Tiba Pharmaceutical Pvt Ltd
Plaintiffs filed suit alleging infringement of their Indian Patent (IN269841) covering the compound 'Ruxolitinib'. The court granted exemption from advance service, noting that the Defendant had not yet launched infringing products. Furthermore, the court passed detailed orders allowing for an ex-parte ad interim injunction and appointed a Local Commissioner to search premises and seize any infringing stock.
R Indira Devi v.G Satyaki
The appeal challenged a trial court judgment regarding copyright infringement and passing off concerning literary works. The plaintiff claimed ownership based on an assignment letter from his father, while the defendant contested the claims. The High Court upheld the trial court's finding that the suit was not barred by limitation.
Novartis Ag v.Natco Pharma Limited
The court passed an order addressing two interlocutory applications filed by the defendant. The first application led to the addition of a specific issue concerning the validity of Patent IN 233161 under Section 3(d) of the Patents Act, 1970. The second application modified the schedule for leading evidence.
E R Squibb And Sons Llc v.Beacon Pharmaceuticals Limited
The Plaintiffs filed a suit alleging that the Defendants were infringing their Indian Patent No. 340060, which covers the drug Nivolumab. The court examined the patent's validity and prima facie case before issuing interim directions.
F.Hoffmann-La Roche Ag v.Assistant Controller of Patents and Designs, Government of India
F.Hoffmann-La Roche Ag appealed an order rejecting its patent application for a subcutaneous anti-HER2 antibody formulation. The rejection was based on the product lacking inventive step and being known in the market. The court allowed the appeal, noting that the original decision failed to address 11 out of 12 claims independently.
Fibrocell Technologies Inc. v.Controller Of Patents
Fibrocell Technologies Inc. appealed an impugned order dated February 19, 2019, passed by the Controller of Patents which denied its application (No. 10246/DELNP/2012). The appellant argued that the denial was based on new grounds (lack of enablement) and non-speaking reasons, violating natural justice.
Regenesance B.V. v.Union of India
Regenesance B.V. challenged the Patent Office's order that deemed its patent application abandoned because it failed to reply to the First Examination Report (FER) within the stipulated time. The petitioner argued that the timeline should not be treated as inflexible, especially when procedural delays are common in the patent office process. The Madras High Court agreed, emphasizing that statutory interpretation must promote and preserve scientific temper, allowing for a reasonable view of the matter.
Ms Dolphin International Pvt. Ltd. v.Vinod Kumar Khatri
The plaintiff, an export company, filed a suit against its former employee, Vinod Kumar Khatri, alleging that he breached his employment contract by disclosing confidential business secrets and client information to a competitor. The plaintiff sought damages of Rs. 7,50,000/- for the alleged irreparable loss.
Sumitomo Shi FW Energia Oy v.Deputy Controller of Patents and Designs, Government of India
The appellant challenged the refusal order by the Deputy Controller of Patents, which rejected its patent application for a circulating fluidized bed boiler due to lack of inventive steps. The appellant argued that their improvisation introduced significant advantages over prior art, such as reduced heat exchanges and improved efficiency. The Madras High Court set aside the impugned proceedings and remanded the matter for fresh consideration.
Mimozax Co., Ltd. v.Assistant Controller of Patents and Design, Patent Office Chennai
Mimozax Co. appealed the rejection of its patent application for an anti-obesity composition derived from Acacia, which was refused based on several grounds including reliance on undisclosed prior art. The High Court found that the Controller failed to provide all relevant materials to the appellant and emphasized the doctrine of fairness in patent proceedings.
SRF Limited v.Solvay S A & Anr.
SRF Limited filed a petition seeking revocation of Patent No. IN331314, titled 'PROCESS FOR THE PREPARATION OF HALOGENATED CARBOXYLIC ANHYDRIDES', which was granted to Respondent no. 1. The petitioner claims that the patent ought not have been allowed due to various prior art and prior use evidence.
Gsp Crop Science Pvt. Ltd. v.Devender Kumar
GSP Crop Science Pvt. Ltd. filed a suit alleging infringement of its Suit Patent (IN384184) concerning a liquid composition of Pendimethalin and Metribuzin. The Plaintiff claimed that the Defendant launched an imitation product named 'Pendamic' which matched the claims of the patent. Based on the prima facie case established, the Court granted an ex-parte ad interim injunction.
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