India Patent Cases
2,823 decisions indexed
Page 34 of 95 · 2,823 total
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
Fmc Agro Singapore Pte Ltd v.The Controller Of Patents
The appeal challenged the refusal order issued by the Controller of Patents, which rejected a second divisional application (grandchild application) because its claims were deemed to conflict with those in the original grandparent application. The appellant argued that filing the divisional application was necessitated by objections raised by the Controller. The High Court held that since the filing was a consequence of an objection, the division should be assessed on its own merits.
Temple University Of The Commonwealth System of Higher Education v.The Controller Of Patents
Temple University Of The Commonwealth appealed against the Controller of Patents' decision to reject its patent application No. 201617007895. The court initially condoned the delay in filing the appeal and subsequently listed the main appeal for further hearing.
Sri Amaresh Banerjee v.The State of West Bengal & Ors.
The petitioner, a manufacturer of coaltar under the trade name 'Anchor', challenged the rejection of his application for reinvestigation before the Calcutta High Court. The dispute involved alleged infringement of the petitioner's registered trademark and copyright by the opposite party no. 1. The court ultimately dismissed the revision petition, finding that the investigation was conducted fairly and that the criminal proceedings amounted to an abuse of process since a civil suit on the same matter was already pending.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc filed an appeal challenging the Patent Office's order rejecting its application titled "DISCOVERY OF SECURE NETWORK ENCLAVES". The rejection was based on grounds related to Sections 2(l)(j) and Section 10(4) of the Patents Act, 1970. The court released the matter from part-heard status and listed it for further hearing.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial suit seeking protection against the infringement of its patent (IN 282092) by M/S Happy Agro Chemicals & Ors., specifically concerning their product 'SELZIC'. The court, after considering arguments and expert testimony, found that a prima facie case was made out.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial civil suit seeking protection against infringement of its patent (IN282092) by M/S Happy Agro Chemicals & Ors., who market the product 'ZINKING'. The court, after considering submissions and expert reports, found that a prima facie case was made out.
Communication Components Antenna Inc v.Ace Technologies Corp.
The plaintiff has filed a suit against the defendants for infringement of their patent along with claims for injunction, damages, and rendition of accounts of profits.
Ms Veerji Restaurant Private Limited v.Jashpal Singh Trading As Veerj Ji Malai Chaap Wale & Ors.
The Delhi High Court addressed several applications in the trademark and copyright infringement case filed by Ms Veerji Restaurant Private Limited against Jashpal Singh Trading As Veerj Ji Malai Chaap Wale. The court formally registered the plaint as a commercial suit, setting timelines for written statements and replication. Crucially, it issued notice regarding the plaintiff's application seeking permanent injunction to restrain trademark and copyright infringement and passing off of the 'VEERJI MALAI CHAAP WALE' brand.
Epitech S.P.A. v.The Controller Of Patents
Epitech S.P.A. appealed a rejection order issued by The Controller of Patents, which had denied the grant of its PCT national phase application (No. 6850/DELNP/2014). The Controller's initial decision was based on the finding that the data provided by the Appellant related to an irrelevant compound (PEA-OXA) instead of the claimed subject matter (PEA-OXLE). However, the Delhi High Court found this reasoning insufficient and factually incorrect, noting that the data did indeed include examples pertaining to PEA-OXLE. Consequently, the appeal was allowed, setting aside the Impugned Order and directing the Controller to decide the application afresh.
Modern Snacks Pvt Ltd v.Maa Bara Devi Namkeen Bhandar And Anr
Modern Snacks Pvt Ltd filed petitions seeking the removal and cancellation of specific copyright registrations held by Maa Bara Devi Namkeen Bhandar. The court noted that a prior civil suit between the parties had been decreed on consent terms, wherein the Respondent agreed not to use any deceptively similar labels or trademarks. Since the respondent subsequently undertook to withdraw relevant trademark applications and cancel certain copyrights, the High Court allowed the petitions.
H. Lundbeck A/S Through its Authorized Representative v.The Deputy Controller of Patents and Designs, The Patent Office
The appellant challenged the Deputy Controller's order holding that their invention lacked inventive step. The core contention was that the Controller improperly relied on certain prior art documents that had been given up or never properly contested during the examination process. The High Court found merit in the appellant's submissions.
Monsanto Technology, LLC v.Assistant Controller of Patents and Designs, The Patent Office
Monsanto Technology appealed the order of the Assistant Controller which refused to patent two independent claims related to transgenic soybean plants. The appellant argued that if objections were raised, at least the remaining eleven claims should have been patented. The High Court found the respondent had not applied its mind wholly to all claims.
3G Licensing S.A v.The Controller General of Patents, Designs and Trademarks and Anr
The appeal was filed challenging the rejection of a patent application. The Appellant argued that prior art cited by the Indian Patent Office had also been considered and the patent granted in Europe. The Court issued an interim order allowing the Appellant time to submit the European patent record.
Onco Therapy Science, Inc. v.Assistant Controller of Patents and Designs, Government of India
Onco Therapy Science appealed the Assistant Controller's decision to reject its application for a patent covering novel peptides used as vaccines against cancers. The appellant argued that the Controller failed to consider their written submissions and supporting materials when issuing the rejection order. The High Court allowed the appeal, remanding the matter back for fresh consideration.
Robert Bosch Limitada v.Deputy Controller of Patents and Designs, Government of India
Robert Bosch Limitada appealed the Deputy Controller of Patents and Designs' order rejecting its patent application. The rejection was allegedly based on insufficient description, which the appellant argued was not properly communicated during the examination process. The High Court allowed the appeal and remanded the matter for fresh consideration.
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