India Patent Cases
2,847 decisions indexed
Page 40 of 95 · 2,847 total
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.
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.
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.
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.
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.
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.
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.
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.
Commonwealth Scientific and Industrial Research Organization v.The Assistant Controller of Patents and Designs, The Patent Office
The appellant challenged an order rejecting its patent application (No. 2072/CHENP/2011) because the current set of amended claims were deemed beyond the scope of Section 59 of the Patents Act, 1970. The court examined whether the amendments expanded or narrowed the original claim scope and found that the specificity incorporated in the amended claims curtailed rather than expanded the original scope.
Asociacion De Productores De Pisco A.G. v.Union Of India & Ors
The Delhi High Court addressed several procedural applications and made key interim directions in the case concerning the Geographical Indication (GI) for Chilean Pisco. The court allowed various exemptions related to documentation due to pandemic conditions, while also agreeing to delete one respondent from the array of parties. Crucially, the court directed that the Registrar of Trademarks & GI would not pass final orders on the GI application no. 689 until further notice, providing a temporary stay on the registration process.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Triveni Interchem Private Limited
The dispute involved allegations of patent infringement concerning the drug 'Apixaban'. The parties reached separate settlement agreements with Defendants 1 & 2 and Defendant 3, mediated by the Delhi High Court. The court subsequently decreed the suit based on these terms.
Idorsia Pharmaceuticals Ltd v.The Assistant Controller Of Patents And Designs
Idorsia Pharmaceuticals Ltd appealed the Assistant Controller of Patents and Designs' order rejecting its patent application for 'N-substituted indole derivatives as PGE2 receptor modulators'. The appellant argued that it was not given a proper opportunity to justify the inclusion of the expression 'pharmaceutically acceptable salts' in its claims before the rejection. The High Court set aside the rejection order and remanded the matter.
Hasmukhbhai Bhagwanbhai Patel v.Husenali Anwarali Charaniya
This appeal before the Gujarat High Court challenged a lower court's decision to reject a plaint filed by Hasmukhbhai Bhagwanbhai Patel against Husenali Anwarali Charaniya. The original suit sought permanent injunctions for trademark infringement (KANTI KAKA) and copyright violation concerning Betel Nut products. The core legal issue revolved around the territorial jurisdiction of the District Court, as the plaintiff failed to adequately explain why the suit was filed in Dahod when both parties operated primarily from Surat or Surendranagar.
Cashgrail Private Limited v.Blue Horizone Infotech Llp
The Delhi High Court has formally registered the suit filed by Cashgrail Private Limited against Blue Horizone Infotech LLP concerning alleged infringement of online games and trademarks. Cashgrail claims that the defendant's 'LUDO TOURNAMENT' replicates essential features of its proprietary skill-based games, such as 'Ludo Supreme League.' The court allowed the suit to proceed while ensuring the defendant receives an opportunity to respond before any interim orders are passed.
Manu Chaudhary v.Controller Of Patents
Manu Chaudhary appealed against the Controller of Patents' order dated May 31, 2023, which refused his patent application (No. 2545/DEL/2010). The refusal was based on non-fulfillment of various sections of the Patents Act, 1970. The court issued notice and listed the matter for further hearings.
Communication Components Antena Inc. v.Rosenberger Hochfrequenztechnik Gmbh & Co. Kg
The suit is a patent infringement action concerning Patent No. IN240893 ('Asymmetrical Beams for Spectrum Efficiency'). The court proceeded with the recording of cross-examinations of the Defendants' witnesses on September 22, 2023. Evidence has now been concluded, and directions were issued for parties to file written submissions before final arguments.
Kubota Corporation v.Godabari Agro Machinery And Services India Private Limited
Kubota Corporation filed a suit for patent infringement in the Delhi High Court against Godabari Agro Machinery And Services India Private Limited. The dispute centers on Kubota's 'HARVES KING' combined harvester, which the Plaintiff claims is infringed by the Defendants' product, 'Ruilong Plus ++'.
V.K.R.Venkatesan v.V. Mahendran
This case involved a dispute over trademark and copyright infringement concerning 'VKR SIVAJI BRAND' used on rice products. The plaintiff filed a suit seeking permanent injunctions against the defendant for using deceptively similar marks and artistic works. However, despite multiple opportunities and court directions to file necessary affidavits and proceed with evidence, the plaintiff repeatedly failed to comply with the case management schedule. Consequently, the High Court dismissed the suit for default.
Communication Components Antena Inc v.Rosenberger Hochfrequenztechnik Gmbh
The case involves a patent infringement action regarding a patent titled 'Asymmetrical Beams for Spectrum Efficiency', which relates to methods and apparatus for increasing subscriber capacity and enhancing base station performance.
Microsoft Technology Licensing, LLC v.The Controller of Patents and Designs
Microsoft Technology Licensing appealed the refusal of its patent application (No. 3211/CHENP/2010) for 'Software Defined Radio Architecture'. The appellant argued that the rejection order lacked sufficient reasoning and failed to consider their submissions in response to the First Examination Report, despite prior art documents being cited.
Novozymes v.Assistant Controller of Patents & Designs, Patent Office Chennai
Novozymes appealed the refusal by the Assistant Controller of Patents & Designs to grant a patent for its phytase variants. The rejection was based on Sections 3(d) and 3(e) of the Patents Act, 1970. The High Court set aside the rejection concerning claims 1-7, allowing the application to proceed towards grant.
Ctr Manufacturing Industries Pvt. Ltd. v.Tri Parulex Fire Protection System & Ors.
The Plaintiff filed an interim application seeking an injunction against the Defendants for allegedly infringing Patent No.202302, which covers a specific operational sequence involving differential relay, Buchholz relay, and circuit breaker in fire prevention systems (NIFPS). The court accepted an undertaking from the Defendants not to use this specific patented sequence but directed both parties to file affidavits addressing the technical scope of the patent.
Dhanavilas Madras Snuff Company v.S.Kumaradhas Snuff Company
This case involved Dhanavilas Madras Snuff Company suing S.Kumaradhas Snuff Company for trademark and copyright infringement, along with passing off, concerning their snuff products. The plaintiff sought permanent injunctions against the use of similar marks and designs, as well as recovery of profits. Ultimately, both parties reached a settlement agreement on August 7, 2023, which was subsequently formalized by the Madras High Court.
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