India Patent Cases
2,823 decisions indexed
Page 39 of 95 · 2,823 total
DOW GLOBAL TECHNOLOGIES LLC v.Controller Of Patents And Designs
The appellant challenged the rejection of its patent application for 'Ethylene-based polymers' on the ground of lack of inventive step, citing prior art documents D4 and D5. The court set aside the impugned order, holding that the arguments regarding non-obviousness were not properly engaged by the respondent. Consequently, the matter was remanded to allow reconsideration while taking into account the passage of time and foreign patent grants.
New York University v.The Assistant Controller of Patents and Designs
New York University appealed the Assistant Controller's order rejecting its patent application (No. 9210/CHENP/2011) for an invention related to targeting pathological tau proteins. The High Court found that the rejection lacked cogent reasons, particularly regarding amendments and inventive step, and consequently set aside the impugned order.
Strix Ltd v.Maharaja Appliances Limited
Strix Ltd filed a suit against Maharaja Appliances Limited alleging infringement of its patent (IN 192511/95) related to thermally sensitive overheat controls used in liquid heating vessels, specifically electric kettles. The defendant counter-claimed challenging the validity of the patent. Although the life of the patent had expired by the time of final judgment, the court found infringement and decreed the suit for damages and costs.
Telefonaktiebolaget Lm Ericsson (Pub) v.Intex Technologies(India) Limited
The court heard an application filed by the defendant (Intex) seeking modification of existing interim royalty rates. The court dismissed this application, noting that the defendant was straining to avoid complying with prior directions for royalty payments. Separately, the court disposed of an application concerning the reconstitution of a confidentiality club.
Array Biopharma Inc v.Deputy Controller Of Patents And Designs
Array Biopharma Inc filed an appeal challenging the rejection of its patent application (No.450/DELNP/2015) by the Deputy Controller of Patents and Designs on June 30, 2023. The court issued notice and directed written submissions from the Respondent.
Business Objects Software Limited v.The Assistant Controller Of Patents And Designs
Business Objects Software Limited filed an appeal challenging the refusal of its patent application (No. 7583/CHENP/2011). The Appellant subsequently sought permission to withdraw this appeal to file it before the High Court of Madras. The court dismissed the present appeal as withdrawn.
M/s.Ufo Moviez India Ltd. v.M/s Real Image Media Technologies Pvt.Ltd
The petitioner filed a Transfer Original Petition seeking revocation of Patent No. 202980. The court observed that the term of this patent had expired on October 18, 2022, rendering the petition infructuous.
The University of Houston v.The Assistant Controller of Patents and Designs, Government of India
The University of Houston filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. 379/CHENP/2008) to proceed for grant. The petitioner subsequently endorsed that it did not intend to prosecute the appeal, leading the court to dismiss the petition.
USV Private Limited v.Symed Labs Limited
USV Private Limited filed a petition in the Madras High Court seeking the revocation of Indian Patent No. 229267. The court observed that the patent's term had expired on October 16, 2023, rendering the petition infructuous.
Huawei Technologies Co., Ltd. v.The Controller General of Patents & Designs
Huawei appealed an order rejecting its patent application (IN 4561) for a radio communication system. The appeal argued that the Patent Office failed to consider detailed arguments against obviousness and rejected amendments without proper justification. The High Court found the impugned order unsustainable due to lack of reasoned consideration and set it aside, remanding the matter.
University College London v.Assistant Controller of Patents and Designs, Government of India
University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION'. The Controller rejected the application, citing prior art and lack of inventive step. The High Court set aside the rejection order, finding that the Controller failed to engage with the specific submissions made by the appellant.
University College London v.Assistant Controller of Patents and Designs, Government of India
University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION' by the Assistant Controller. The Controller rejected the application, citing lack of inventive step based on prior art documents D1 to D6. The High Court set aside the impugned order, finding that the Controller failed to engage with the appellant's specific arguments and remanded the matter for reconsideration.
Merck Sharp And Dohme Corp. v.Sms Pharmaceuticals Limited
Plaintiffs filed a suit seeking an injunction against the manufacture and sale of Sitagliptin products by the Defendant. The parties subsequently resolved their disputes through a settlement agreement dated September 15, 2023, which was recorded by the Court.
Intervet International B.V. v.Veko Care Private Limited
The plaintiff sued the defendant for infringing Indian Patent No. 283279, which covers the active ingredient 'FLURALANER' used in veterinary drugs like 'Bravecto'. The dispute involved the defendant promoting a counterfeit product under the mark 'FURALINE'. The parties subsequently reached an amicable settlement and filed a joint application.
Flamagas S.A. v.Ashok Bafna and Bafna Agencies
Flamagas S.A. filed a civil suit against Ashok Bafna and Bafna Agencies, alleging infringement of its registered designs and trademarks concerning cigarette lighters. The plaintiff sought permanent injunctions, damages, and an accounting of profits due to the sale of similar 'BAIDE/TOYO' lighters. However, before the court could rule on the merits of the case, the learned counsel for the plaintiff moved to withdraw the suit.
Salik Mukhtar And 4 Others v.M/S M.M.I. Tobacco Pvt. Ltd. And 2 Others
The Allahabad High Court dismissed an appeal filed by M/S M.M.I. Tobacco Pvt Ltd, upholding a lower court's order granting a temporary injunction. The suit involved claims of trademark and copyright infringement concerning the product 'Musa Ka Gul Super'. The High Court found that the plaintiff-respondents had established a prima facie case of infringement based on their registered trademarks and copyrights, concluding there was no legal impediment to maintaining the injunction pending the final trial.
Syngenta Limited v.Controller Of Patents And Designs
Syngenta Limited appealed a decision by the Controller of Patents and Designs which refused its Divisional Application, arguing that the parent application lacked claims relating to multiple distinct inventions. The High Court addressed the legal questions regarding the maintainability of divisional applications under Section 16 of the Patents Act.
Ufo Moviez India Ltd v.M/s.Real Image Media Technologies Private Limited
Ufo Moviez India Ltd filed a petition to revoke Patent No. 202969 before the Madras High Court. The court observed that the term of the said patent expired on 18.10.2022, rendering the petition infructuous.
Telefonaktiebolaget Lm Ericsson (Pub) v.Intex Technologies (India) Limited
The review petitions sought reconsideration of an earlier court order that had negated a preliminary objection to the maintainability of two applications. The core dispute revolves around alleged non-compliance by the respondent with directions, specifically concerning the payment of 'entire royalty amount' as mandated by previous orders.
The Chinese University Of Hong Kong Knowledge Transfer Office v.The Assistant Controller of Patents & Designs, The Patent Office
The Chinese University of Hong Kong appealed the rejection of its patent application (IN 4812/CHENP/2012), which was rejected on the grounds that the claimed invention—a process for fetal genomic analysis from maternal samples—was an unpatentable diagnostic method under Section 3(i) of the Patents Act, 1970. The High Court allowed the appeal, holding that determining foetal fraction is related to diagnosis but is not 'diagnostic' in the statutory sense, allowing the patent application to proceed to grant.
UPL Limited v.Triveni Chemicals And Industries Ltd. & Anr.
UPL Limited filed a suit alleging that Triveni Chemicals And Industries Ltd. was manufacturing and selling a product containing the composition protected by UPL's Indian Patent No. IN 428514. The court registered the plaint as a suit, issued summons to the defendants, and directed parties to file pleadings and respond to the interlocutory injunction application.
The Chinese University of Hong Kong v.The Assistant Controller of Patents & Designs, The Patent Office
The Chinese University of Hong Kong appealed the rejection of its patent application (IN 4863), which was refused by the Assistant Controller. The core dispute centered on whether the claimed in vitro method, used to measure sequence imbalance in biological samples from pregnant women, qualified as a non-patentable diagnostic method under Section 3(i) of the Patents Act.
Starpharma Pty Ltd v.The Assistant Controller of Patents and Designs
Starpharma Pty Ltd appealed the rejection of its Indian Patent Application No. 10044/CHENP/2013, which covered a method and gel formulation for treating bacterial vaginosis. The appellant argued that the amended claims were within the scope of the original application and complete specification. The High Court set aside the rejection order and remanded the matter for reconsideration.
Flipkart Internet Private Ltd v.The Joint Controller of Patents and Designs
Flipkart Internet Private Ltd filed an appeal challenging the order of the Joint Controller of Patents and Designs which dismissed a Post-grant Opposition seeking revocation of Indian Patent No. 312437. The opposition contended that the patent lacked novelty, inventive step, or was not patentable under various sections of the Patents Act. The High Court examined the technical aspects and found no infirmity in the impugned order.
Cryomass Llc v.Assistant Controller Of Patents And Designs
Cryomass LLC filed an appeal challenging the rejection of its patent application, '201917048279,' titled "Cryogenic Separation of Plant Material." The initial rejection by the Assistant Controller was based on a lack of inventive steps and falling under Section 3(f) of the Patents Act. Cryomass argued that their non-aqueous cryogenic system offered novel advantages not disclosed in prior art. The Delhi High Court, while setting aside procedural objections regarding delay subject to costs, directed further pleadings before listing the case for final hearing.
M/s.Mohamed Aboobacker Chank Lungi Limited v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Limited filed a civil suit against M/s. Indianpasand Inc. and other defendants, alleging trademark infringement (SANGU vs. SHIPPY), copyright violation, and passing off. The plaintiff sought permanent injunctions and damages for the alleged unauthorized use of their registered marks and artistic designs by the defendants. However, due to the current non-sale status of the disputed products, the plaintiff requested permission to withdraw the suit against the first defendant while retaining the liberty to file a fresh case if infringement occurs in the future.
Intervet International B.V. v.Reyaansh Healthcare
The plaintiffs, holders of Indian Patent 283279 for the veterinary product Fluralaner, filed a suit against Reyaansh Healthcare for manufacturing and selling Fluralaner tablets under the brand Flurashield without a license. The court granted an interim injunction restraining the defendants from manufacturing or selling the product until further hearing.
Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Torrent Pharmaceuticals Limited
The dispute concerning the infringement of Patent IN 247381 related to Apixaban was settled through mediation. The settlement agreement required the defendant to confirm it did not distribute 'Apixaban' in India during the patent term and agreed not to challenge its validity.
Cde Asia Limited v.Propel Industries Private Limited
The court heard an application by Cde Asia Limited seeking to place additional documents related to a post-grant opposition concerning a subject patent. The court allowed these documents and also registered a counterclaim filed by Propel Industries Private Limited under Section 64 of the Patents Act, 1970.
Cryomass Llc v.Assistant Controller Of Patents And Designs
Cryomass LLC filed an appeal challenging the Assistant Controller's order dated May 31, 2021, which refused Patent Application No. 201917048279 titled "Cryogenic Separation of Plant Material". The refusal was based on non-fulfillment of requirements under Section 2(1)(ja) and claims falling within Section 3(f) of the Patents Act, 1970.
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