India Patent Cases
2,847 decisions indexed
Page 37 of 95 · 2,847 total
Sunovion Pharmaceuticals Inc. v.The Assistant Controller of Patents and Designs, Patent Office, IPR Building, SIDCO Plot, GST Road, Guindy, Chennai 600 032
Sunovion Pharmaceuticals Inc. filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to quash an earlier order and direct the grant of patent for Indian Patent Application No.395/CHENP/2012. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Mitsubishi Electric Corporation v.Assistant Controller of Patents and Designs, Government of India
Mitsubishi Electric Corporation appealed the rejection of its patent application for an 'IMAGE CONSTRUCTION APPARATUS'. The appellant challenged the refusal order on grounds that the conclusions regarding obviousness and patent eligibility (Section 3(k)) were unreasoned. The High Court set aside the impugned order and remanded the matter for fresh consideration.
Rishabh Jain v.The Registrar Of Trade Marks
The Delhi High Court addressed the petition filed by Rishabh Jain against The Registrar of Trade Marks. Despite multiple notices and previous hearings, key procedural steps remained incomplete, notably the service report and the required affidavit from the Respondent regarding notice of opposition. Consequently, the court directed the petitioner's counsel to inform the opponent of the orders and scheduled the matter for July 5, 2022, pending the filing of the necessary affidavit.
Optimus Drugs Private Limited v.Union of India
Optimus Drugs Private Limited challenged the hearing notice issued during the post-grant opposition proceedings against Patent No. 281489 for 'An improved process for the preparation of Linezolid'. The petitioner argued that since both parties filed additional evidence after the initial Opposition Board recommendations, a fresh board should be constituted to consider all facts and amended claims. The Madras High Court agreed with this contention, directing the Controller of Patents to reconstitute the Opposition Board and examine the entire record expeditiously.
Bristol-Myers Squibb Holdings Ireland v.Km Swarnalatha & Ors
The plaintiffs, Bristol-Myers Squibb Holdings Ireland, sought an interim injunction regarding their patented anti-cancer molecule 'dasatinib' (SPRYCEL). The court disposed of the application for interim injunction as the patent term had expired. However, the court allowed amendments to the plaint to include new manufacturers and directed further proceedings.
Te Bios Co. Ltd v.The Controller of Patents and Designs, Government of India
Te Bios Co. Ltd filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order issued by The Controller of Patents and Designs. However, the appellant subsequently filed a memo instructing its counsel to withdraw the appeal.
Ashok Oswal v.The Assistant Controller of Patents and Designs
Ashok Oswal appealed the rejection of his patent application (No. 201811029748), which covered a system and method for determining textile raw material quality attributes. The appellant argued that the impugned order failed to provide adequate reasons for rejecting the claims under Section 3(k) and Section 2(1)(ja).
Paul Components Private Limited v.Hi Tech Arai Private Limited
This matter before the Delhi High Court concerned an application by Paul Components Private Limited seeking permission to inspect the original, unredacted versions of technical drawings filed by Hi Tech Arai Private Limited. The defendant had initially placed redacted copies on record, citing that the removed portions contained commercially sensitive trade secrets related to manufacturing specifications. Despite the plaintiff's initial 'no objection' to the redactions, the court rejected the application, holding that once a party agrees to documents being placed on record in a redacted format due to confidentiality concerns, they are not entitled to inspect the unredacted originals.
Emerson Process Mangement Power And Water Solutions Inc v.Controller Of Patents
Emerson Process Management filed appeals challenging the rejection of its patent applications (Nos. 1253/DEL/2006 and 4197/DEL/2015) relating to computer software. The court noted that the main ground for rejection—the lack of novelty and inventiveness in associated hardware—no longer aligns with current Patent Office guidelines.
Emerson Process Management Power And Water Solutions Inc v.Deputy Controller Of Patents And Designs
Emerson Process Management appealed the rejection of its patent applications (Nos. 1253/DEL/2006 and 4197/DEL/2015) for computer software patents. The court noted that the main ground for rejection—the novelty and inventiveness of associated hardware—no longer applied under current Patent Office guidelines.
Procter And Gamble Company v.Controller Of Patents And Designs
Procter & Gamble challenged the Controller's order refusing its 'Detergent Compositions' patent application due to lack of inventive step. The appeal argued that the rejection was arbitrary, citing a four-year delay in processing and the Patent Office failing to grant adequate time for responding to objections raised under Section 8(2) of the Patents Act. The Delhi High Court agreed with the appellant, finding the process contrary to natural justice and statutory timelines.
University Of Guelph v.Controller Of Patents And Designs
The University of Guelph filed an appeal challenging the Assistant Controller's order dated July 26, 2019, which refused to grant Indian patent application no. 642/DELNP/2011. The refusal was based on lack of inventive step and statutory exclusions under the Patents Act, 1970.
Sintex Industries Ltd. v.Acme Tale Power Ltd And Anr (now Acme Cleantech Solutions Private Limited)
Sintex Industries Ltd filed a rectification petition seeking the revocation of Patent No. 2137154, titled "Phase Change Material," which was granted to Acme Tele Power Limited (now Acme Cleantech Solutions Private Limited). The court considered an affidavit from the respondent confirming that while they were previously in the telecom industry, their current focus is renewable energy and solar power projects. Crucially, the respondent stated they had no objection to the patent being revoked prospectively.
E. I. Dupont De Nemours And Company v.Controller Of Patents And Designs
E. I. Dupont De Nemours And Company filed an appeal challenging the Assistant Controller's order dated December 16, 2019, which refused to grant Indian patent application no. 1845/DELNP/2011. The refusal was based on lack of inventive step and objections under Sections 3(e) and 3(d) of the Patents Act, 1970.
Dsm Ip Assets B.V. v.The Controller of Patents and Designs
Dsm Ip Assets B.V. filed a Transfer Civil Miscellaneous Appeal seeking to overturn an order refusing to grant a patent on Application No. 3957/CHENP/2011. The appeal was dismissed by the Madras High Court because the appellant failed to appear in court at the hearing, despite being served notice.
M/s. Mukesh Kumar Vidyarthi v.M/s.Deputy Controller of Patents and Designs
M/s. Mukesh Kumar Vidyarthi filed a Transfer Civil Miscellaneous Petition and an Appeal before the Madras High Court challenging orders related to patent matters. The petitioner sought condonation of delay and relief regarding the impugned order dated December 12, 2019. The court dismissed the TCMP(PT)/3/2023, consequently dismissing the appeal at the SR stage.
Gsp Crop Science Pvt Ltd v.Jai Farm Chemicals Pvt Ltd
The dispute between Gsp Crop Science Pvt Ltd (Plaintiff) and Jai Farm Chemicals Pvt Ltd (Defendant) regarding infringement of Indian Patent 394568 was settled. The Defendant acknowledged the Plaintiff's exclusive rights in the patented formulation and undertook not to infringe the patent during its lifetime.
Helix Biomedix Inc. v.Assistant Controller of Patents and Designs, Government of India
Helix Biomedix Inc. appealed the rejection of its patent application for 'Short Bio-Active Peptides for Cellular and Immunological Modulation'. The rejection was based on Section 3(c) because the claimed peptides were derived from Hyalophora cecropia (Cecropia moth). The High Court set aside the order, finding that the respondent failed to address the appellant's submissions regarding the chemical synthesis of the peptides.
Blackberry Limited v.Controller Of Patents And Designs
Blackberry Limited appealed a rejection order by the Controller of Patents and Designs regarding its divisional patent application (8584/DELNP/2007). The appeal was filed under Section 117A of the Patents Act, 1970. However, the court disposed of the appeal because the term of the parent patent application had expired during the pendency of the appeal.
Crystal Crop Protection Limited v.Sudpita Dey Assistant Controller Of Patents and Designs & Ors.
Crystal Crop Protection Limited filed an appeal before the Delhi High Court challenging the Assistant Controller's order dated January 11, 2022, which refused to grant a patent for 'Insecticidal Composition'. The court condoned the delay in filing the appeal and listed the matter for final hearing.
Procter And Gamble Company v.Controller Of Patents And Designs
Procter & Gamble Company appealed a decision by the Controller of Patents and Designs which refused its patent application for 'A DETERGENT COMPOSITION COMPRISING LIPASE VARIANT'. The refusal was based on lack of inventive step, citing prior art. P&G argued that the refusal violated natural justice principles due to procedural delays.
T-Mobile Usa Inc v.Controller Of Patents
T-Mobile USA Inc appealed the Controller's refusal to grant a patent for 'Preferred Contact Group Centric Interface'. The Controller refused the application, citing lack of inventive step based on prior art and arguing that the invention was essentially a computer program per se, lacking technical effect beyond normal hardware interaction.
OCV Intellectual Capital, LLC v.Union Of India & Ors.
The appellant challenged an order dated March 30, 2016, passed by the Deputy Controller of Patents & Designs rejecting its patent application. The court found that two appeals were filed challenging the same order (AID 18/2022 and IPDPTA 34/2022), making AID 18/2022 redundant. However, since the primary appeal (IPDPTA 34/2022) was dismissed for default, the court directed the parties to appear on a future date.
Vakzine Projekt Management Gmbh v.Assistant Controller Of Patents And Designs
Vakzine Projekt Management Gmbh appealed against an order passed by the Assistant Controller of Patents rejecting its patent application. The rejection was based on the grounds that the composition fell within the scope of Section 3(d) and Section 3(i) of the Patents Act, 1970.
Panasonic Intellectual Property Management Co. Ltd. v.Deputy Controller of Patents and Designs, Government of India
Panasonic Intellectual Property appealed the Deputy Controller's order rejecting its patent application for a 'Washing Machine' due to lack of inventive step. The appellant argued that the rejection lacked detailed reasoning and cited foreign grants. The High Court found that the impugned order merely extracted prior art without engaging with the appellant's submissions, thus lacking reasons.
Abbvie Biotherapeutics Inc & Abbvie Inc v.Assistant Controller Of Patents Designs
Abbvie Biotherapeutics Inc & Abbvie Inc filed a fresh appeal under Section 117A of the Patents Act, 1970, challenging the order dated July 31, 2023, passed by the Assistant Controller of Patents & Designs refusing to grant patent application no. '201817047767'. The subject matter is related to ANTI-cMet Antibody Drug Conjugates.
Jfe Steel Corporation v.The Controller Of Patents
JFE Steel Corporation filed an appeal challenging the Assistant Controller of Patents' decision to refuse its patent application. The refusal was based on the grounds that the claims did not fulfill the criteria of inventive step under Section 2(1)(ja) of the Patents Act, 1970.
Daicel Corporation v.The Controller Of Patents
Daicel Corporation appealed a rejection order passed by the Joint Controller of Patents & Designs regarding its patent application for a disintegrating tablet. The Patent Office rejected the application, citing lack of inventive step under Section 2(1)(ja) of the Patents Act, 1970.
Icahn School Of Medicine at Mount Sinai v.Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No.3414/CHENP/2008) for a chimeric NDV vaccine targeting two viruses, specifically Newcastle disease virus and influenza virus. The court reviewed the original rejection based on obviousness and allowed the application to proceed to grant after accepting the amended claims submitted by the appellant.
Mohan Breweries and Distilleries Limited v.Appollo Distilleries Pvt. Ltd.
Mohan Breweries and Distilleries Limited filed a civil suit against Apollo Distilleries Pvt. Ltd. and Tamil Nadu State Marketing Corporation Limited, alleging infringement of its registered design and trademark, as well as passing off their beer products. The plaintiff sought permanent injunctions, accounting of profits, destruction of infringing goods, and damages amounting to Rs. 2 Crores. However, the suit was ultimately dismissed by the court upon the request of the plaintiff's counsel.
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