India Patent Cases
4,815 decisions indexed
Page 42 of 161 · 4,815 total
Agro Innovation International v.The Controller Of Patents
Agro Innovation International filed an appeal challenging the Controller of Patents' decision dated 23.02.2024, which had rejected their patent application no. 202017025064. The court allowed applications for exemption and condoned a delay of eight days in filing the appeal, subsequently issuing notice to the respondent.
University Of Florida Research Foundation Incorporated v.The Assistant Controller of Patents And Designs
The petitioner filed an appeal challenging the refusal by the Assistant Controller of Patents and Designs to grant a patent for application no. 202017034395, citing non-patentability under Section 3(b). The court first condoned the delay in filing the appeal before directing parties to file replies regarding the main appeal.
Boehringer Ingelheim International GmbH v.The Controller of Patents
Boehringer Ingelheim International filed an appeal against the Controller of Patents' order dated April 24, 2024. The core issue is whether the patent application constitutes a valid divisional application under Section 16 of the Patents Act, 1970. The court granted an interim exemption regarding document filing and listed the main appeal for further hearing.
INCYTE HOLDINGS CORPORATION v.DR REDDYS LABORATORIES LIMITED
The plaintiffs filed a suit seeking permanent injunction against the defendant for infringing copyright. The defendant raised defenses regarding service of documents and asserted that its activities are limited to permissible uses under Section 107A of the Patents Act, 1970.
The World Community Services Centre v.Vetham Kuzhumam Spiritual Trust
The Madras High Court disposed of a petition filed by The World Community Services Centre seeking rectification of a trademark registration held by Vetham Kuzhumam Spiritual Trust. The dispute, which involved specific service descriptions within Trademark Registration No. 3654426, was resolved amicably through a Joint Memorandum of Compromise signed by both parties. Consequently, the Court directed the Registrar of Trademarks to implement the terms of this compromise.
Charles And Keith International Pte Ltd v.Ambud Sharma & Anr.
The Delhi High Court ruled in favor of the fashion house Charles And Keith, directing the cancellation of a similar trademark registration held by the respondent. The petitioner successfully argued that its established brand 'CHARLES & KEITH' and abbreviation 'C&K' was well-known and used extensively across various classes, including Class 09 for masks. Given the similarity and the petitioner's prior use, the Court cancelled the respondent's mark in Class 09, despite it being filed on a 'proposed to be used' basis.
Natera Inc v.The Assistant Controller Of Patents And Designs
Natera Inc appealed against an order issued by The Assistant Controller of Patents and Designs, which held that its patent application (No. 18/DELNP/2015) was not patentable due to non-compliance with various sections of the Patent Act, 1970. The High Court issued notice and granted time for the respondent to file a reply.
Incyte Holdings Corporation v.Lotus Labs Private Limited
The plaintiffs filed a suit regarding infringement of patent IN'841. The court considered the defense that the defendants were only engaged in permitted activities under Section 107(A) and had not yet obtained commercial manufacturing licenses from CDSCO. The court granted an interim order allowing the defendants to proceed with obtaining necessary permissions.
Yonex Kabushiki Kaisha Trading As Yonex Co Ltd v.Harshit Setia & Anr.
Yonex filed a petition seeking the rectification and expungement of a trademark registration (No. 5548308) in Class 25, held by Harshit Setia, for the mark 'AERUS'. Yonex argued that the registration was obtained in bad faith and lacked bonafide use, making it ex facie illegal under Section 47(1)(a) of the Trade Marks Act. The Delhi High Court accepted notice and directed both parties to file their respective replies within specified timelines, setting the matter for further hearing.
Mr.A.Salaudeen v.The Registrar of Trade Marks
Mr. A. Salaudeen approached the Madras High Court seeking intervention against the prolonged delay by the Registrar of Trade Marks in processing his post-registration changes for three trademarks ('Globe', 'Cock', and 'Anil'). The petitioner argued that this seven-year pendency was causing undue hardship and eroding his goodwill due to unauthorized third-party use. Recognizing the administrative lapse, the Court issued a directive compelling the Registrar to dispose of the pending application within eight weeks.
Shri Kirit Bhadiadra v.Wings Pharmaceuticals Pvt. Ltd.
The Delhi High Court allowed Wings Pharmaceuticals Pvt. Ltd. (the respondent) to introduce a recent trademark registration certificate for 'MEDILICE' into the ongoing litigation. Although the original suit concerned infringement and passing off, the court recognized that the new Class 5 registration could bear on the disputes between the parties. This order allows the introduction of evidence relating to the mark's expanded scope, while preserving the rights of the appellant.
M/S G.K. Tobacco Industries Pvt. Ltd. v.M/S Aum Universal Inc. & Anr.
The Delhi High Court allowed M/S G.K. Tobacco Industries Pvt. Ltd.'s application seeking permission to introduce crucial new evidence into the ongoing trademark dispute. The plaintiff sought to file the official trademark registration certificate and status, which was granted after the initial opposition filed by the defendants was rejected. This ruling allows the plaintiff to strengthen its case for rectification in the suit.
Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India
Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, arguing that the invention was not merely a method of treatment but rather an in vitro method for selecting specific allogenic T-cell lines. The respondent had rejected the claim under Section 3(i) of the Patents Act, 1970, on this ground. The Madras High Court found that the respondent erroneously failed to appreciate the actual scope of the claim, which focused on the selection process rather than treatment itself.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of their patent application, which claimed a method for generating live vaccines. The Delhi High Court found that the impugned order was merely a reproduction of the hearing notice and lacked independent reasoning or application of mind to the appellant's submissions. Consequently, the court set aside the rejection and remanded the matter for fresh consideration.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents
Ab Initio Technology Llc challenged the rejection of its patent applications, which were initially denied on grounds that the subject matter was merely a computer program per se or algorithm (Section 3(k)). The appellant argued that their data processing method provided a 'technical effect' by improving resource efficiency. The Delhi High Court allowed the appeals to the extent that the objections under Section 3(k) and Section 16(1) were found not tenable, setting aside those impugned orders. However, the court remanded the matter back to the Controller for fresh examination regarding inventive step (Section 2(1)(ja)).
Star Scientific Limited v.The Controller Of Patents And Designs
Star Scientific Limited appealed the Controller's order refusing the grant of a patent (Application No. 202017011947) for Catalytic Combustion. The appellant argued that the refusal was flawed because it failed to consider their detailed responses and amendments, and that non-attendance at the hearing was not abandonment due to financial difficulties. The High Court set aside the impugned order and remanded the matter for fresh consideration.
Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India
Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, which had rejected it on the grounds that the invention was a method of treatment, making it unpatentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the claim described an in vitro method of selecting T-cell lines, not a direct method of treating a patient. The Madras High Court agreed with this distinction, finding that the rejection was based on an erroneous application of law to the facts. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by a different Patent Controller.
Mold-Tek Packaging Limited v.Ideal Technoplast Industries Limited & Ors.
The plaintiff, Mold-Tek Packaging Limited, filed a commercial suit seeking permanent injunction against infringement of its registered patents and designs. The court granted several procedural exemptions to the plaintiff, including exemption from advance service and pre-litigation mediation. Furthermore, the court allowed an application for Local Commissioners to conduct search and seizure at the defendants' premises regarding alleged patent infringement.
Fdc Limited v.Zaventis Healthcare Private Limited
The Delhi High Court granted an interim injunction in favor of Fdc Limited against Zaventis Healthcare Private Limited. The plaintiff successfully argued that the defendant's adoption of the mark 'ZIFISAFE' for identical pharmaceutical products constitutes a blatant attempt to capitalize on the established reputation and goodwill of the plaintiff's registered trademark, 'ZIFI'. Citing prima facie evidence and irreparable harm, the court restrained the defendant from using the infringing mark until the final hearing.
Mohd Shakir v.Gopal Traders & Anr.
Mohd Shakir appealed a single judge's decision that dismissed his petition seeking cancellation or rectification of a work registered under No. A-120894/2017, which was claimed by Gopal Traders & Anr. The core dispute revolves around the mark "MYA," where the appellant claims prior rights based on third-party trademark registrations held by Mr Youssef and Mya International. The court found the matter required examination and issued notice to all respondents.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A filed an appeal challenging the Assistant Controller's refusal to grant a patent application. The Controller refused the grant on the ground that the invention related to tobacco use, which causes serious prejudice to human life or health, making it ineligible under Section 3(b) of the Patents Act, 1970.
Schneider Electric It Corporation v.Assistant Controller Of Patents And Designs
Schneider Electric It Corporation has appealed against an order by the Assistant Controller of Patents and Designs rejecting the grant of patent for Patent Application No. 201617000209. The appellant contends that the respondent failed to consider their detailed submissions regarding the invention requirements under Section 2(1)(ja) of the Indian Patents Act, 1970.
Primestack Pte. Ltd And Anr. v.John Doe And Others
The Delhi High Court granted an ad-interim injunction in favor of Primestack Pte. Ltd against John Doe and others regarding the infringement of its registered trademark 'CoinDCX'. The court found that the plaintiffs had made out a prima facie case, irreparable loss was likely, and the balance of convenience favored granting relief. The order specifically restrained unauthorized use of the trademarks and directed various defendants to suspend operations of associated accounts, domains, and phone numbers.
Victaulic Company v.The Controller of Patents and Designs, Government of India
Victaulic Company appealed the rejection of its patent application, which had been rejected by the Controller despite prior rulings from the Delhi High Court regarding divisional applications. The Madras High Court found that the Controller disregarded established legal precedent and allowed the appeal.
Victaulic Company v.The Controller of Patents and Designs, Government of India
Victaulic Company appealed the rejection of its patent application (No. 201948026247) by the Controller of Patents and Designs, Delhi. The appeal argued that the rejection disregarded a precedent set by the Delhi High Court in Syngenta Limited vs. Controller of Patents and Designs. The Madras High Court allowed the appeal.
Mae Maschinen-und Apparatebau G?tzen GmbH v.The Controller of Patents and Designs, Government of India
Mae Maschinen-und Apparatebau G?tzen GmbH appealed the rejection of its patent application (No. 201748028185) by the Controller of Patents and Designs. The appellant argued that the rejection disregarded a precedent set by the Delhi High Court regarding divisional applications. The Madras High Court agreed, finding the rejection contrary to established law.
Anupam Saxena v.Shiv Verma Trading As Marksons Herbal Life & Ors.
The Delhi High Court granted an interim injunction in favor of Anupam Saxena against Shiv Verma Trading As Marksons Herbal Life & Ors. The court found that the plaintiff's brand 'ADIBASI Hair Oil,' along with its distinctive trade dress and packaging, constitutes a valid registered trademark and original artistic work under copyright law. Consequently, the defendants were restrained from manufacturing or selling products deceptively similar to ADIBASI until the final hearing, protecting the plaintiff's market reputation.
Hell Energy Magyarorszag Kft v.M/S Real 100 Agro India Private Limited & Ors.
The Delhi High Court issued a significant interim order in the trademark and copyright infringement suit filed by Hell Energy Magyarorszag Kft against M/S Real 100 Agro India Private Limited. The court granted permanent injunctions and authorized the immediate seizure of goods bearing deceptively similar marks at the defendants' premises. Furthermore, it appointed Local Commissioners to inspect inventory and books of accounts related to the alleged infringement, providing strong protection for Hell Energy's brand in the Indian market.
Anheuser Busch Inbev India Ltd. v.Jagpin Breweries Limited
The Bombay High Court ruled in favor of Anheuser Busch Inbev India Ltd., granting a permanent injunction against Jagpin Breweries Limited for infringing registered trademarks 'HAYWARDS 5000' and 'FIVE THOUSAND'. The court found that the Defendant's use of the mark 'COX 5001' constituted both trademark infringement and passing off in relation to beer. Furthermore, due to the Defendant's persistent non-appearance during the proceedings, the Plaintiff was awarded costs amounting to Rs. 10 lakhs.
Hugo Boss Trademark Management Gmbh v.Pawan Sharma
The plaintiff, Hugo Boss Trademark Management Gmbh, filed a suit alleging that the defendant was using identical/similar trademarks ('BOSS HUGO BOSS', 'BOSS', etc.) in relation to clothing and garments, causing confusion. The court found the plaintiff entitled to relief, granting a permanent injunction and awarding damages.
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