India Patent Cases
2,823 decisions indexed
Page 40 of 95 · 2,823 total
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.
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.
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.
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 ++'.
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.
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.
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.
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.
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.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application (No. 201947017802) by the Controller of Patents. The Controller rejected the application citing failure to submit proper method claims and procedural lapses regarding Form-3 filing delay. The High Court set aside the rejection, finding that the grounds for rejection were untenable and remanding the matter.
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.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the rejection of its PCT National Phase patent application (No. 201947028978) by the Controller of Patents. The appellant argued that the rejection was based on procedural failures and misinterpretations, despite having addressed substantive objections raised in the Second Examination Report. The High Court set aside the impugned order and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the Controller of Patents' order rejecting its PCT National Phase application (No. 201947028978). The rejection was based on various objections, including lack of novelty and clarity in claims. The High Court found that the rejection was not dealt with on merits and set aside the impugned order, remanding the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the Controller of Patents' decision to reject its PCT National Phase patent application (No. 201947017802). The rejection was based on alleged failures regarding proper method claim submission and procedural delays concerning Form-3 filing. The High Court set aside the rejection, finding that the grounds were untenable and remanding the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' decision to reject its PCT National Phase patent application. The Controller rejected the application citing various deficiencies, including improper numbering and lack of invention in certain claims. The High Court set aside the rejection order, finding that procedural errors did not justify the outright rejection, and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' order rejecting its PCT National Phase application. The rejection was based primarily on alleged failure to submit proper method claims and procedural lapses regarding a delayed Form-3 filing. The High Court set aside the impugned order, finding that the rejection was not dealt with on merits and procedural errors did not justify rejection, thus remanding the matter for reconsideration.
Vifor International Ltd. v.Biological E Limited
Vifor International Ltd., the patentee, filed a suit against Biological E Limited regarding alleged infringement of its patent (IN 221536) covering water-soluble iron carbohydrate complexes. The dispute centers on the use and manufacture of FCM for intravenous iron deficiency therapy. Given the impending expiry of the patent tenure in October 2023, the court issued interim directions. These directions mandate that the defendants maintain detailed accounts of their manufacturing and sales of FCM until the patent expires, while simultaneously prohibiting them from using the specific process claimed by Vifor.
Astrazeneca Ab v.USV Private Limited
AstraZeneca filed a suit for infringement against USV Private Limited regarding the pharmaceutical preparations covered by three patents, including those for 'TICAGRELOR'. The parties subsequently resolved their disputes amicably and filed an application under Order XXIII Rule 3 CPC to record the settlement.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application (No. 201947029757) by the Controller of Patents. The appellant argued that the objections raised in the Second Examination Report were effectively addressed through amendments, and the rejection was based on procedural grounds rather than merits. The High Court set aside the impugned order and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' decision to reject its PCT National Phase patent application (No. 201947028978). The Controller rejected the application citing lack of clarity in method claims and unnecessary amendments. The High Court set aside the rejection order, finding that the grounds for rejection were not based on merits, and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application by the Controller of Patents. The Controller rejected the application citing various objections, including issues with method claims and lack of clarity. The Madras High Court set aside the rejection order, finding that procedural lapses did not justify the rejection when substantive changes had been made to address the SER objections.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The court addressed several interim applications filed by Vifor (International) Ltd. in various suits, primarily concerning the patent IN 221536 related to Water Soluble Iron Carbohydrate Complex. Following a prior judgment by a Coordinate Bench dismissing plaintiffs' interim injunction applications, the status quo orders were vacated, subject to conditions preventing defendants from following the patented process.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The court addressed several interim applications filed by Vifor (International) Ltd. in various suits, including CS(COMM) 505/2022. Following a prior judgment by a Coordinate Bench dismissing the plaintiffs' interim injunction applications, the status quo orders were vacated, subject to conditions preventing defendants from following the patented process IN 221536.
Vifor (International) Ltd. v.Eris Lifesciences Limited
This order addresses various applications seeking interim directions in multiple commercial suits related to Patent IN 221536. The court noted that a Coordinate Bench had dismissed the plaintiffs' interim injunction applications, leading to the vacation of previous status quo orders. The court declined to grant an immediate direction for deposit of entire sales amount but directed defendants to maintain and file complete accounts of sales.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The plaintiffs sought interim directions based on a prior Division Bench order. The court noted that a Coordinate Bench had dismissed the plaintiffs' interim injunction applications concerning patent IN 221536. Consequently, the status quo orders previously passed were vacated, subject to conditions preventing defendants from following the patented process.
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