India Patent Cases
2,847 decisions indexed
Page 36 of 95 · 2,847 total
Syngenta Participations Ag v.Controller Of Patents Designs
Syngenta Participations Ag filed an appeal challenging the Controller's decision to reject its Indian patent application. The rejection was based on the grounds of lacking inventive step and falling under Section 3(d) of the Patents Act, 1970. The appellant argued that sufficient data existed to prove significant enhanced efficacy under Section 3(d). The court allowed applications for condonation of delay and exemption from filing documents before directing notice and setting the matter for further hearing.
Enercon India Ltd. v.M/S. Wobben Properties GmbH
Enercon India Ltd filed a petition seeking the revocation of Indian Patent No. 220033 granted by the Controller of Patents, Chennai. Both parties submitted that the term of the said patent had expired on November 7, 2023.
Natco Pharma Ltd v.Fmc Agro Singapore Pte Ltd. & Ors.
Natco Pharma Ltd filed a revocation petition challenging the validity of Indian Patent No. 314523, granted to FMC Agro Singapore Pte Ltd. & FMC Corporation. Natco argues that since the main related patent (IN 204978) expired in March 2021 and has identical claims, IN523 is invalid and liable for revocation.
Gsp Crop Science Pvt Ltd v.Synergy Insecticides Pvt Ltd
The dispute between Gsp Crop Science Pvt Ltd and Synergy Insecticides Pvt Ltd was settled out of court. The Defendant acknowledged the Plaintiff's exclusive rights in products protected by Indian Patent 394568, which covers specific formulations.
Laurus Labs Limited v.Union Of India
This judgment addresses a batch of suits alleging infringement of Indian Patent 262968, which covers the drug Ibrutinib (IMBRUVICA). The writ petition filed by Laurus Labs challenged the earlier decision of the IPAB. The Delhi High Court decided applications for interim relief in these cases. While dismissing the writ petition, the court granted an interim restraint order preventing defendants from manufacturing and marketing Ibrutinib pending final disposal of the suits, allowing them only to exhaust existing stock under strict conditions.
Pharmacyclics, Llc & Anr. v.Natco Pharma Limited
This Delhi High Court judgment addresses a batch of patent infringement suits filed by Pharmacyclics LLC and its affiliates against various pharmaceutical companies, including Natco Pharma Limited. The core dispute revolves around the unauthorized manufacturing and marketing of Ibrutinib, a drug covered by Indian Patent 262968. The court granted interim restraint orders preventing the defendants from further manufacturing or marketing the drug while the suits are pending. However, it allowed them to exhaust existing stock under specific conditions.
M/s. Ramcides CropScience Pvt. Ltd. v.Kingdao Agrochem (India) Private Limited
The plaintiff filed a suit alleging infringement of its patent (No. 299036) concerning 'ZINC HEDP -17%' by the defendant's product, 'Legion Zinc: Zn HEDP 17.0%'. The dispute was settled when the defendant submitted an Undertaking Affidavit agreeing to cease all infringing activities and pay compensation.
Incyte Holdings Corporation v.Bdr Pharmaceuticals Internationals Private Limited
The suit was filed by Incyte Holdings Corporation and Novartis AG seeking protection of their patent (IN 269841) covering the anti-cancer drug RUXOLITINIB. The Plaintiffs alleged that the Defendant had obtained manufacturing approval for this compound, leading to a quia timet action. The Court granted an interim injunction restraining the Defendant from commercially manufacturing or launching RUXOLITINIB without court permission.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
The court addressed several interlocutory applications and noted that the Defendant Nos. 1 & 2 had filed a counterclaim under Section 64(1) of the Patents Act, 1970, seeking revocation of the Plaintiff's patent IN 363203.
Pharmacyclics Llc & Anr. v.Hetero Labs Limited
This judgment addresses a batch of suits filed by Pharmacyclics LLC concerning the alleged infringement of Indian Patent 262968, which covers the drug Ibrutinib (marketed as IMBRUVICA). The court heard applications for interim relief in these patent infringement cases. While dismissing one writ petition, the Delhi High Court granted an interim restraint order preventing defendants from manufacturing and marketing Ibrutinib pending final disposal of the suits. However, it allowed defendants to exhaust existing stock under specific conditions.
Pharmacyclics Llc & Anr. v.Shilpa Medicare Limited & Anr.
This judgment addresses a batch of six infringement suits filed by Pharmacyclics LLC and its affiliates against various pharmaceutical companies, including Shilpa Medicare Limited. The core dispute revolves around the alleged unauthorized manufacturing and marketing of Ibrutinib, a drug protected by Indian Patent 262968 (IN'968). The court granted interim restraint orders preventing the defendants from further manufacturing or marketing the drug pending the final disposal of the suits.
Pharmacyclics Llc & Anr. v.Hetero Labs Limited & Ors. / Natco Pharma Limited / Bdr Pharmaceuticals International Pvt Ltd / Shilpa Medicare Limited & Anr. / Alkem Laboratories Ltd
This Delhi High Court judgment addresses a batch of six suits alleging infringement of Indian Patent 262968, which covers the drug Ibrutinib. The plaintiffs sought an injunction against defendants who were launching or had launched the generic version of the patented drug. While the court dismissed one related writ petition, it granted interim relief restraining all defendants from manufacturing and marketing Ibrutinib pending the final disposal of the suits. Furthermore, the court allowed defendants to exhaust their existing stock, provided they file an affidavit detailing the batch numbers and expiry dates.
Inventprise, Inc. v.The Controller Of Patents & Anr.
Inventprise, Inc. challenged the requirement of prior approval from the National Biodiversity Authority (NBA) concerning its patent application for a 'Heat Stable Liquid Rotavirus Vaccine.' The NBA had previously insisted on compliance with Section 6 of the Biological Diversity Act, 2002, citing the use of human rotavirus strain isolated in India. However, Inventprise argued that the subject matter did not constitute a 'biological resource' under the Act. Recognizing this core dispute, the Delhi High Court directed the NBA Expert Committee to conduct a personal hearing and issue a reasoned order on whether the invention falls within the scope of the Biological Diversity Act.
ABBVIE Inc. v.Deputy Controller of Patents & Designs
ABBVIE Inc. appealed the refusal by the Deputy Controller of Patents to grant a patent for two polymorphic forms (Forms A and B) of the compound RTA-408. The appellant argued that these forms exhibited superior stability and properties, and that Section 3(d) did not apply because RTA-408 was not considered a known substance in this context. The High Court partially allowed the appeal, directing the patent to proceed for grant on claims 1-6.
Koninklijke Philips N.V. v.Oplus Mobitech India Pvt. Ltd. & Ors.
The Plaintiff, Koninklijke Philips N.V., filed suit alleging infringement of five Indian patents covering SEPs essential to 3G/4G telecommunication standards by the Defendants, who manufacture and sell OnePlus smartphones. The court addressed an application for a pro-tem arrangement, recognizing the importance of these SEPs in industry standards.
Priya Randolph v.The Deputy Controller of Patents and Designs
The appellant challenged the Controller's decision rejecting their patent application (201641026786) on the grounds that the invention was a 'business method' under Section 3(k) of the Patents Act. The court examined the claims, which related to concealing physical address information during e-commerce transactions using software and hardware. The High Court held that the monopoly claim was on a technical solution for data privacy, not merely a business method.
Balanced Body Inc. v.Yasmins Body Image Private Limited & Anr.
Balanced Body Inc., a U.S.-based company, filed suit against Yasmins Body Image Private Limited alleging infringement of its patents related to 'REFORMER EXERCISE APPARATUS' and 'ARM CORD SUPPORT RISERS'. The court examined evidence showing that the Defendant No.1 was operating gyms with machines clearly mapping on the Plaintiff's granted patents. Consequently, the Court issued directions for the Defendant No.1 to disclose the source and quantity of the alleged infringing equipment.
NEC Corporation v.The Assistant Controller of Patents and Designs, Government of India
NEC Corporation appealed the Assistant Controller's rejection of its Patent Application No.7830/CHENP/2014, which was based on the alleged violation of Section 7(2) of the Patents Act due to the date of declaration by an inventor. The court held that there is a distinction between the date of assignment and the date of declaration, finding the impugned order unsustainable.
The Supreme Industries Ltd. v.Tandhan Polyplast Private Ltd.
This interim application sought to determine the method of inquiry regarding whether certain moulds/dyes were infringing material, considering the original patent had expired. The court considered the request for an independent scientific adviser under Section 115 but proceeded by allowing the parties to file their respective expert affidavits.
Vidya Mandir Classes Ltd. v.Wefrew Educations P. Ltd.
The Delhi High Court granted an interim injunction in favor of Vidya Mandir Classes Ltd. against Wefrew Educations P. Ltd., finding that Vidya Mandir had a prima facie case regarding the unauthorized use of its trademarks and proprietary course materials. The court observed that Wefrew was allegedly using these assets while simultaneously claiming disassociation, causing potential irreparable harm to the petitioner. Consequently, Wefrew was immediately restrained from using any material or marks associated with Vidya Mandir Classes.
Atos India Pvt. Ltd v.The State of Maharashtra
Atos India Pvt. Ltd challenged an order from the Maharashtra Sales Tax Tribunal, arguing that its work providing bug fixing and maintenance services on QAD Inc.'s ERP software was a service contract, not a sale of goods or developed software. The core dispute revolved around whether modifying existing proprietary code constituted 'development' leading to a taxable supply under the MVAT Act. The Bombay High Court ultimately ruled in favor of Atos India, holding that the transaction was fundamentally an indivisible contract for services.
Toyo Aluminium Kabushiki Kaisha v.Assistant Controller Of Patents And Designs
The petitioner appealed against an order rejecting their patent application ('MULTILAYER BODY AND CONTAINER') due to non-compliance with requirements for inventive step under the Patent Act, 1970. The court allowed a procedural exemption and directed the respondent counsel to file written submissions before listing the matter further.
Grasim Industries Limited v.Lenzing Ag & Anr.
Grasim Industries Limited filed a revocation petition against Patent no. IN 367685, granted to Lenzing AG for 'Fire-retardant cellulose fiber'. The court disposed of several interlocutory applications and initiated proceedings by issuing notice and setting timelines for filing the counter affidavit.
The Supreme Industries Ltd. v.Tandhan Polyplast Private Ltd.
This interim application concerns whether certain moulds/dyes are infringing material, despite the original patent having expired. The court considered the need for expert determination on this factual question.
Martinswerk GmbH v.The Controller of Patents and Designs, Government of India
Martinswerk GmbH appealed the rejection of its patent application (No. 201748011754) by The Controller of Patents and Designs. The appellant argued that the application qualified as a divisional application containing separate inventive concepts, while the respondent maintained it did not meet Section 16 requirements. The High Court set aside the impugned order due to lack of reasoning and remanded the matter for fresh consideration.
T-Mobile Usa Inc v.Controller Of Patents
The court heard matters concerning various parties, including T-Mobile Usa Inc vs Controller Of Patents. The hearing focused on issues related to Section 3(k) of the Patents Act, 1970.
Colgate-Palmolive Company v.Assistant Controller Of Patents And Designs
Colgate-Palmolive Company appealed the refusal of its national phase patent application (4411/DELNP/2007) for 'An Oral Composition'. The refusal was based on lack of inventive step and non-patentability under Section 3(d). However, due to the Appellant's failure to appear despite repeated notices, the court dismissed the appeal for non-prosecution.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals appealed against an order from the Assistant Controller of Patents and Designs which refused their patent application (201717017554) due to a lack of novelty. The court directed the respondent to file a reply, specifically addressing the inconsistency of the claims cited by the Controller.
Freebit As v.Exotic Mile Private Limited
Freebit AS filed a suit seeking an injunction against Exotic Mile Private Limited regarding its granted patent, IN 276748, for an 'Improved Earpiece'. The Defendant challenged the validity of this patent by presenting evidence that corresponding foreign patents had been invalidated or refused in several jurisdictions, including based on lack of novelty.
Arkema France v.The Assistant Controller of Patents & Designs, The Patent Office
Arkema France appealed the rejection of its patent application concerning a 'Heat Transfer Method'. The appellant argued that the rejection relied heavily on a new prior art document (D5) introduced only at the hearing stage. The court set aside the impugned order and remanded the matter for reconsideration, allowing potential amendments under Section 59 if disclosure is deemed inadequate.
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