India Patent Cases
2,847 decisions indexed
Page 35 of 95 · 2,847 total
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Huck International, Inc v.Assistant Controller Of Patents And Designs
Huck International appealed the rejection of its divisional patent application based on an objection under Section 16 of the Patents Act. The Appellant argued that they were denied a fair opportunity because the final decision was based on an objection not enumerated in the initial hearing notice. The Court agreed, setting aside the impugned order and directing the Respondent to issue a fresh notice.
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.
M/S Star Syringe Ltd v.M/S Tiger Surgical Disposable Pvt Ltd
The plaintiffs allege that the defendants have infringed their patent and seek damages. The case is ongoing with preliminary objections raised by the defendants regarding maintainability due to insolvency proceedings.
Novartis Ag v.Natco Pharma Limited & Anr.
Novartis appealed an order that allowed certain amendments in its Indian Patent Application (IN'518) based on a finding that pre-grant opponents should be afforded an opportunity of hearing. The core dispute centered on whether the examination process and opposition proceedings are independent or merged under the Patents Act, 1970.
PepsiCo India Holdings Pvt Ltd v.Kavitha Kuruganti
This appeal challenged the revocation of a plant variety registration (FL 2027) granted to PepsiCo. The initial Single Judge affirmed the revocation primarily due to incorrect information regarding the date of first commercial sale and failure to submit requisite documentation. The High Court allowed PepsiCo's appeal, setting aside the revocation order while noting that the mistake in styling as 'new' was remediable.
PepsiCo India Holdings Pvt Ltd v.Kavitha Kuruganti
PepsiCo appealed the revocation of registration for its plant variety FL 2027. The original revocation was based on PepsiCo furnishing incorrect information about the date of first commercial sale and alleged non-compliance with documentation requirements. The High Court allowed PepsiCo's appeal, setting aside the impugned judgment regarding the eligibility to apply for registration.
F.Hoffmann-La Roche Ag v.Deputy Controller of Patents and Designs, Government of India, Patent Office
F.Hoffmann-La Roche Ag challenged the refusal of its patent application by the Deputy Controller of Patents and Designs, citing technical objections and procedural issues. The High Court found that the significant delay between the hearing and the issuance of the refusal order was arbitrary and lacked confidence.
UTI Infrastructure Technology and Services Ltd. v.Extra Tech World and Ors.
The petitioner filed a Leave Petition seeking permission from the Bombay High Court under Clause XII of the Letters Patent Act to file a Commercial Intellectual Property Rights Suit against the respondents. The core issue was establishing the court's jurisdiction, given that the infringing websites were accessible across India.
Haryana Pesticides Manufactures Association v.Assistant Controller of Patents and Designs & Anr.
The petitioner, an association of pesticide manufacturers, challenged the dismissal of their pre-grant opposition against a patent application (No.538/DEL/2010) filed by Crystal Crop Protection Limited. The core dispute revolved around whether the respondent failed to serve notices correctly after the petitioner changed their email address.
Bhabani Offset And Imaging Systems Pvt. Ltd v.Bhabani Graphics (Press) and 3 Ors.
The Gauhati High Court heard an appeal filed by Bhabani Offset And Imaging Systems Pvt. Ltd against Bhabani Graphics (Press) and others. The court admitted the appeal for hearing, directing the appellant to ensure proper service of notice on all respondents via registered post and other usual processes. The matter was subsequently listed after four weeks.
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed the rejection of its patent application (No. 5945/DELNP/2009) by the Joint Controller of Patents and Designs. The appeal challenged the ground that the applicant failed to file a rebuttal against non-patentability objections under Section 25(1)(f). The Court decided to issue notice to Respondent No. 2 before determining the matter.
Busy Infotech Pvt Ltd v.Xpert Tricks Softwares & Ors.
This Delhi High Court order addresses an ongoing suit filed by Busy Infotech Pvt Ltd against various defendants for copyright infringement and trademark passing off related to its 'BUSY Software.' The court noted that previous interim injunctions were in place, and several pro-forma defendants had been discharged after providing undertakings. On December 8, 2023, the court directed the Plaintiff to file an updated memo of parties within one week before listing the matter again.
University Health Network v.Adiuvo Diagnostics Private Limited
University Health Network filed a Writ Petition challenging the grant of Patent No.439474 to Adiuvo Diagnostics Private Limited, arguing lack of novelty and inventive step. The appeal before the Madras High Court focused on whether the court had territorial jurisdiction to hear the matter, given that the patent application originated in Delhi.
Dhama Innovations Private Limited v.The Assistant Controller of Patents and Designs, The Patent Office
Dhama Innovations Private Limited appealed the rejection of its Patent Application No. 628/CHE/2012, which related to a heat dissipation device. The appellant argued that the Controller erred by dissecting the combination into individual components for obviousness testing and failing to address their submissions on inventive step. The High Court allowed the appeal, finding the dissection impermissible in law.
Kudos Pharmaceuticals Limited & Ors. v.Dr Reddys Laboratories Limited
The suit alleged infringement of several patents held by Kudos Pharmaceuticals Limited concerning Olaparib (LYNPARZA). The Plaintiffs contended that Dr. Reddy's Laboratories was manufacturing and exporting Olaparib API, violating their patent rights. The court decreed the suit, permanently restraining the Defendant from commercially launching the product before the patent expiry date, subject to Section 107A provisions.
Gsp Crop Science Private Limited v.Fmc Agro Singapore Pte Ltd. & Ors.
GSP Crop Science Private Limited filed a revocation petition challenging the validity of Indian patent no. 298645 (IN645) granted to FMC Agro Singapore Pte Ltd. The petitioner argued that IN645 is invalid because its main patent has expired and it suffers from anticipation by prior claims.
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