India Patent Cases

2,823 decisions indexed

Page 43 of 95 · 2,823 total

patent plaintiff favorable · Jul 24, 2023

Qualcomm Incorporated v.Controller Of Patents And Others

Delhi High Court · C.A.(COMM.IPD-PAT) 275/2022

Qualcomm appealed a decision by the Deputy Controller of Patents which rejected their patent application (No. 5159/DELNP/2007) primarily citing Section 3(k) and lack of definitiveness. The High Court found that the rejection order suffered from manifest non-application of mind as it failed to address the appellant's submissions, leading to the setting aside of the impugned order.

patent dismissed · Jul 24, 2023

Bharatiya Janata Party Kisan Morcha, Andhra Pradesh Unit v.Monsanto Technology, LLC

Madras High Court · (T)OP(PT)/53/2023

The petitioner filed a Transfer Original Petition seeking the revocation of Indian Patent No. 232681 held by Monsanto Technology. The first respondent submitted that the term of this patent had already expired on June 5, 2022.

patent settled · Jul 24, 2023

Unilever Global Ip Limited v.Vikas Cosmetics

Bombay High Court · COMMERCIAL IPR SUIT (L) NO. 15273 OF 2023

The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The suit was subsequently disposed of and decreed in favor of the Plaintiff based on the terms agreed upon in the Consent Minutes of Order.

patent settled · Jul 24, 2023

Unilever Global Ip Limited v.Vikas Cosmetics

Bombay High Court · 15273 of 2023

The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The Defendant agreed to pay Rs. 75,000/- towards costs and full and final settlement, leading to the suit being disposed of and decreed in favor of the Plaintiff.

patent settled · Jul 24, 2023

Unilever Global Ip Limited v.Vikas Cosmetics

Bombay High Court · COMMERCIAL IPR SUIT (L) NO. 15273 OF 2023

The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The suit was subsequently disposed of and decreed in favor of the Plaintiff based on the terms of the Consent Minutes of Order.

patent settled · Jul 24, 2023

Unilever Global Ip Limited v.Vikas Cosmetics

Bombay High Court · COMMERCIAL IPR SUIT (L) NO. 15273 OF 2023

The parties in the Commercial IPR Suit arrived at a settlement. The suit was subsequently disposed of and decreed in favor of the Plaintiff, Unilever Global Ip Limited, based on the terms agreed upon in the Consent Minutes of Order.

patent interim order · Jul 24, 2023

Sml Limited v.Mohan & Company & Another

Himachal Pradesh High Court · COMS No. 6 of 2023

Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer composition named 'Aladdin' which infringes upon its granted Indian Patent No. IN 282092. Chemical analysis confirmed the defendant's product contained sulphur (67.8%) and zinc oxide (22.7%), falling within the patented range. The court found a prima facie case of infringement.

patent interim order · Jul 24, 2023

Sml Limited v.Mohan & Company & Another

Himachal Pradesh High Court · COMS No. 7 of 2023

Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer product named Zeeka Sulf, which infringes upon its Indian Patent No. IN 282092. The plaintiff provided chemical analysis reports and expert opinions confirming that the composition of Zeeka Sulf falls within the scope of the patented claims.

patent defendant favorable · Jul 24, 2023

Vifor International Ltd & Anr. v.Dr Reddys Laboratories Limited

Delhi High Court · CS(COMM) 265/2021

Vifor International Ltd., a patentee, filed suit against Dr. Reddy's Laboratories Limited regarding the alleged infringement of its patent (IN'536) covering the manufacturing process of Ferric Carboxylmaltose (FCM). The court examined whether the defendants' processes infringed upon Vifor's patented method for producing this intravenous iron complex. The judgment ultimately found that the impugned processes used by the defendants were non-infringing, allowing them to proceed with launching their product.

patent dismissed · Jul 21, 2023

M/s. Adwaith Lakshmi Industries Limited v.Mylsamy Ranga Ramanujam

Madras High Court · (T)OP(PT)/63/2023

M/s. Adwaith Lakshmi Industries Limited filed an Original Petition seeking the rectification or revocation of Patent No. 262529, alleging it was invalid and obtained by misrepresentation. The petitioner subsequently withdrew the petition.

patent dismissed · Jul 20, 2023

Novartis AG v.The Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/76/2023

Novartis AG appealed against an order passed by the Controller of Patents and Designs regarding an opposition filed under Section 25(2) concerning Patent No. 223313. The court noted that the term of Patent No. 223313 had expired on May 16, 2023.

patent defendant favorable · Jul 20, 2023

Humanity Life Extension Llc v.Union Of India And Anr.

Delhi High Court · W.P.(C) 12238/2019

The petitioner, a US-based medical device manufacturer, challenged the amendment to Rule No. 138 of the Patents Rules, 2003, arguing that it removed the provision allowing extension of time for international patent applications and conflicted with the Patent Cooperation Treaty (PCT). The petitioner sought directions to entertain its National Phase Application despite missing the deadline.

patent dismissed · Jul 20, 2023

Eris Lifesciences Limited v.Controller Of Patents & Anr.

Delhi High Court · C.O.(COMM.IPD-PAT) 3/2022 and I.A. 13062/2023; C.O.(COMM.IPD-PAT) 38/2022 and I.A. 13077/2023

The petitioners filed revocation petitions under Section 64 of the Patents Act, 1970. The respondents sought to transfer these petitions to the High Court of Himachal Pradesh to consolidate them with ongoing infringement suits related to Patent IN243301 covering Linagliptin. The court dismissed the applications for transfer/consolidation.

patent mixed · Jul 18, 2023

Body Cupid Private Limited v.Mr Gaurav Bhadani

Karnataka High Court · WP No. 5925 of 2023 (IPR)

Body Cupid Private Limited filed a writ petition challenging the lower court's refusal to grant an ex-parte temporary injunction against Mr. Gaurav Bhadani. The core dispute revolved around alleged infringement of Body Cupid's 'WOW SKIN SCIENCE' trademark, trade dress, and registered design by the respondent using similar marks like 'WAW SKIN COSMO'. The Karnataka High Court ultimately disposed of the writ petition but extended the interim restraining order until the Trial Court could dispose of the underlying injunction application.

patent plaintiff favorable · Jul 18, 2023

Rxprism Health Systems Private Limited v.Canva Pty Ltd

Delhi High Court · CS(COMM) 573/2021 and I.A. 14842/2021

Rxprism Health Systems Private Limited filed a suit seeking an injunction against Canva Pty Ltd, alleging infringement of its Indian Patent No. IN 360726, which covers a system and method for creating and sharing interactive content. The Plaintiff argued that Canva's 'Present and Record' feature directly infringes the patented technology used in their product, 'My Show & Tell'. After analyzing the claims and evidence, the Delhi High Court found prima facie merit in the Plaintiff's case.

patent settled · Jul 17, 2023

M/S Yashram Lifestyle Brands Pvt Ltd v.M/S Gokuldas Intimatewear Private Limited

Karnataka High Court · OS No. 5 of 2022 (NC: 2023:KHC:24814)

The plaintiffs filed an Original Suit seeking a permanent injunction against the defendant for infringing their granted patent (IN 306901) related to 'Fab-Shield Period Panty'. The dispute, which also involved challenges to the patent's validity, was subsequently settled by both parties. A Patent License Agreement was entered into on January 01, 2023, and the suit was disposed of accordingly.

patent settled · Jul 14, 2023

Mr.Pawan Kumar Santhaliaa (Trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited v.G.Kannan (Trading as D.S.K.Garments)

Madras High Court · C.S.(Comm.Div) No.84 of 2023

This case involved a suit filed by Mr.Pawan Kumar Santhaliaa and M/s.Techno Sportswear Private Limited against G.Kannan and Hitlar Fashions for alleged infringement of their trademark 'TECHNO' and copyright in artistic works used on garments. The plaintiffs sought permanent injunctions, damages, and accounts of profits. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.

patent defendant favorable · Jul 14, 2023

Novartis AG v.Sun Pharmaceuticals Limited

Madras High Court · (T)CMA(PT)/132/2023

Novartis AG filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. IN/PCT/2001/00016/CHE) to proceed to grant. However, the appellant failed to note that Patent No. 223313 had already expired on May 16, 2023. Consequently, the Madras High Court dismissed the appeal as infructuous.

patent dismissed · Jul 14, 2023

Upl Limited v.Basf Se

Madras High Court · (T)OP(PT)/62/2023 (ORA/4/2019/PT/CH)

UPL Limited filed an Original Petition (Patent) seeking the revocation of Patent No. 262428 against Basf Se and The Controller of Patents. However, the petitioner subsequently instructed their counsel to withdraw the petition.

patent dismissed · Jul 14, 2023

Novartis AG v.Asst.Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT)/131/2023 (OA/50/2012/PT/CH)

Novartis AG filed a Transfer Civil Miscellaneous Appeal challenging an order passed by the Assistant Controller of Patents and Designs regarding a Post Grant Opposition to Patent No. 237273. The appeal was subsequently withdrawn by the appellant.

patent dismissed · Jul 14, 2023

India Nippon Electricals Limited v.M/s. Denso Corporation

Madras High Court · (T)OP(PT)/61/2023 (ORA/2/2017/PT/CH)

India Nippon Electricals Limited filed an Original Petition seeking the revocation of Indian Patent 240996 granted by the Controller of Patents. However, the petitioner's counsel subsequently instructed to withdraw the petition.

patent dismissed · Jul 14, 2023

Sun Pharmaceutical Industries Limited v.The Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/130/2023

Sun Pharmaceutical Industries Limited filed a Transfer Civil Miscellaneous Appeal challenging an earlier decision by the Controller of Patents and Designs concerning Patent No. 224855. However, both parties submitted that the term of Patent No. 224855 had already ceased on October 14, 2019.

patent defendant favorable · Jul 14, 2023

Fisher And Paykel Healthcare Limited v.The Controller Of Patents And Designs & Anr.

Delhi High Court · W.P.(C)-IPD 29/2023

Fisher And Paykel Healthcare Limited challenged a First Examination Report that deemed its Divisional Application No. 202118034146 defective. The Controller of Patents had issued an order based on Section 59 of the Patents Act, 2000. During the hearing, the respondent acknowledged the error and agreed to set aside the impugned order.

patent dismissed · Jul 13, 2023

Abbvie Deutschland GmbH & Co Kg v.Assistant Controller of Patents and Designs, Government of India, Patent Office

Madras High Court · (T)CMA(PT)/89 /2023

Abbvie Deutschland GmbH & Co Kg filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision made by the Assistant Controller of Patents and Designs. The appeal sought to allow Application No. 2420/CHENP/2009 for patent grant. However, the appellant subsequently withdrew the appeal.

patent defendant favorable · Jul 13, 2023

Telefonaktiebolaget LM Ericsson (Publ) v.Competition Commission Of India & Anr.

Delhi High Court · LPA 247/2016 and connected matters; LPA 550/2016; LPA 150/2020; W.P.(C) 8379/2015

This judgment addresses whether the Competition Commission of India (CCI) has the authority to investigate a patent holder's conduct under the Competition Act, 2002. The court held that while both statutes deal with anti-competitive behavior, the specific legislative intent and subject matter dictate that the Patents Act, particularly Chapter XVI, governs patent rights, limiting CCI's power.

patent dismissed · Jul 13, 2023

Indian Institute of Technology Madras v.The Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/95/2023 (OA/21/2017/PT/CH)

The Indian Institute of Technology Madras filed a Transfer Civil Miscellaneous Appeal challenging an order passed by The Controller of Patents and Designs regarding the renewal application for its Patent No. 2007637. However, the appellant subsequently instructed counsel to withdraw the appeal.

patent dismissed · Jul 13, 2023

Oracle International Corporation v.Controller Of Patents

Madras High Court · (T)CMA(PT)/84 /2023

Oracle International Corporation filed a Transfer Civil Miscellaneous Appeal challenging the Controller of Patents' order regarding the patentability of its application (3566/CHENP/2006). The appeal argued that the subject matter was eligible for patent protection and not excluded as a business method or computer program per se. However, the appellant subsequently withdrew the appeal.

patent dismissed · Jul 13, 2023

Sucampo AG v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT)/77 /2023

Sucampo AG filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the revocation of Patent No. 223147 by the Assistant Controller of Patents and Designs. The appellant subsequently submitted a memo requesting the withdrawal of the appeal.

patent dismissed · Jul 13, 2023

Merck Sharp & Dohme Corp. v.The Assistant Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/96 /2023

Merck Sharp & Dohme Corp. filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to set aside an impugned order and grant a patent on Indian Patent Application No. 5162/CHENP/2010. The appellant subsequently instructed counsel to withdraw the appeal.

patent dismissed · Jul 13, 2023

Universidad De Nvarra v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT)/79 /2023

Universidad De Nvarra filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to overturn previous orders and allow its patent application No.4387/CHENP/2006 to proceed to grant. However, the appellant subsequently submitted a memo requesting the withdrawal of the appeal.

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