India Patent Cases
2,823 decisions indexed
Page 46 of 95 · 2,823 total
Synthes Gmbh v.Controller General Of Patents, Designs and Trademarks and Anr
Synthes Gmbh challenged an earlier decision by the Controller General of Patents, Designs and Trademarks before the Delhi High Court. The appellant raised objections concerning the drafting and procedural lapses in the impugned order, specifically noting abrupt conclusions regarding non-compliance with Section 2(1)(j) of the Patents Act. The court issued this order to clarify these points, treating it as a corrigendum to the original judgment.
Astrazeneca Ab v.Westcoast Pharmaceutical Works Limited
This Delhi High Court judgment addressed the defendant's application to reject the plaintiff's patent infringement suit. The court rejected arguments regarding lack of pecuniary jurisdiction, clarifying that specific allegations of ongoing sales negate the 'mere apprehension' standard used in previous cases. Furthermore, the court dismissed the contention based on the Aloys Wobben controversy, holding that pending post-grant opposition proceedings do not automatically preclude the institution of an infringement suit.
Microsoft Technology Licensing, LLC v.The Assistant Controller Of Patents And Designs
Microsoft challenged the Assistant Controller's decision rejecting its patent application for a network authentication system under Section 3(k) of the Patent Act, arguing that the invention provided a genuine technical solution to security problems. The Delhi High Court set aside the rejection based on the flawed interpretation of 'computer program per se,' emphasizing that an algorithm should not be automatically excluded if it offers a tangible technical contribution. Consequently, the matter was remanded back to the Controller for re-examination regarding novelty and inventive step.
Voiceage Evs Llc v.Guangdong Oppo Mobie Telecommunications Corp Ltd & Ors.
The plaintiff, Voiceage Evs Llc, filed a suit alleging that the defendants infringed upon four specific Indian patents related to EVS Standards in their mobile handsets. The court registered the plaint and issued summons, while also addressing several interlocutory applications concerning document filing and seeking temporary injunctions.
Synthes Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Synthes Gmbh challenged an impugned order from the Assistant Controller of Patents, Designs and Trademarks, arguing that the rejection lacked due process. The court found that the original order was a 'total mockery' as it merely cut and pasted objections without providing any reasoned analysis or considering the appellant's replies. Recognizing the severe procedural lapses, the Delhi High Court quashed the decision and remanded the application for fresh consideration by a different officer.
Opentv Inc v.The Controller Of Patents And Designs
Opentv Inc appealed a decision by The Controller of Patents and Designs which refused grant for its patent application titled 'System and method to provide gift media'. The refusal was based on non-patentability under Section 3(k) (computer program/business method) and issues related to novelty and inventive step. Opentv argued that the invention provided a technical solution for selecting and distributing interactive media content.
Prof Manju Pathak v.M/S Shree Agro Foods
Prof Manju Pathak appealed a previous judgment where she had succeeded in an infringement suit under the Patents Act, 1970. Her grievance was that the original court did not award damages, costs, delivery-up, or rendition of accounts for the infringing products.
Microsoft Technology Licensing, Llc v.The Assistant Controller Of Patents And Designs
The petitioner appealed a matter before the Delhi High Court concerning an objection related to Section 3(k) of the Patents Act, 1970. The court heard arguments and directed the Controller General of Patents, Designs and Trade Marks to ensure the presence of a Controller for assistance on the next date.
Jay Switches (India) Pvt. Ltd. v.Sandhar Technologies Ltd & Ors.
The Plaintiff filed a suit alleging that the Defendant's fuel tank cap infringes their patent (IN427110) and registered design (275676). The court passed several orders, including allowing an exemption from pre-litigation mediation and granting interim relief regarding the production of impugned products.
Microsoft Technology Licensing Llc v.Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the Assistant Controller's refusal to grant a patent application for a filtering user interface. The Controller rejected the application under Section 3(k) as being a 'computer program per se'. The High Court overturned this decision, emphasizing that software can be patentable if it demonstrates a technical contribution and applying the updated CRI 2017 Guidelines.
Oneempower Pte Ltd v.The Controller Of Patents And Designs
Oneempower Pte Ltd appealed the rejection of its patent application for 'A Transaction Reward System' (TRS), arguing that it possessed a technical effect and was not merely a business method. The Controller rejected the application, holding that TRS was fundamentally an administrative or organizational business solution implemented using standard technology.
Sony Group Corporation v.Assistant Controller Of Patents And Designs
Sony Group Corporation appealed the Assistant Controller's order rejecting its patent application (4334/DELNP/2013) on the grounds that subsequent amendments were beyond the scope of as filed claims. The Controller rejected the application because the amended claims corresponded to an EP divisional application rather than the main European Patent application. The High Court set aside this rejection, finding that the amendments merely limited the scope and were supported by the specification.
Ajay Panwar v.Kishore Chhabra
The appeal involved a request by Ajay Panwar (appellant/defendant No. 2) to stay the execution of an earlier judgment restraining him from using specific machinery. The respondent claimed patent rights over the machinery and copyright protection for drawings related thereto.
Gea Refrigeration Netherlands Nv v.Metalex Cryogenics Limited
The dispute between Gea Refrigeration Netherlands Nv and Metalex Cryogenics Limited regarding the GEA Patent was settled. Both parties executed a settlement agreement on April 13, 2023, acknowledging the patent's validity and agreeing to specific undertakings.
Alpa Laboratories Limited v.Troikaa Pharmaceuticals Ltd And Anr.
The court heard arguments regarding the maintainability of a revocation petition filed by Alpa Laboratories Limited, which was based on the apprehension that Troikaa Pharmaceuticals Ltd would institute an infringement suit. The court directed parties to seek instructions and re-notify the matter.
Fmc Corporation v.Adama India Private Limited
The plaintiffs filed a civil suit alleging that the defendants infringed their process patent (IN'645) related to the manufacture of Chlorantraniliprole (CTPR). The court registered the plaint as a suit, issued summons, and set timelines for filing written statements and pleadings.
Titan Umreifungstechnik Gmbh And Co. Kg v.Assistant Controller Of Patents And Designs And Anr
The appellant challenged the Assistant Controller's refusal of their patent application for a plastic strapping band. The Controller rejected the application citing lack of inventive step and vagueness in claims (Section 10(4)). The High Court found the rejection unreasoned, particularly regarding Section 10(4), and allowed the appeal.
R.H Agro Overseas Pvt Ltd v.Sweety Jain, Proprietor Of Mahajan Foods & Ors
The Delhi High Court disposed of a petition filed by R.H Agro Overseas Pvt Ltd against Sweety Jain and others regarding alleged breach of an earlier court undertaking. The respondent parties provided a fresh, binding undertaking to the court, promising not to misuse the petitioner's registered trademark 'NAFIS' or its associated copyright in any manner. With both parties agreeing to this resolution, the court formally disposed of the pending litigation.
Vifor (International) Ltd v.J.B. Chemicals And Pharmaceuticals Limited
Plaintiffs filed suits seeking permanent injunction against defendants for infringing Indian Patent No. 221536, which covers the drug FERRIC CARBOXYMALTOSE. The dispute arose after plaintiffs discovered marketing material for generic versions launched by the defendants under names 'JBCARB' and 'CipFCM'.
Adama Makhteshim Ltd v.The Controller Of Patents
Adama Makhteshim Ltd appealed the refusal of its patent application (No. 201617025525) by the Controller of Patents, which was based on lack of inventive step and clarity/sufficiency of disclosure. The Court found that procedural irregularities vitiated the impugned order because it failed to address all grounds of objection raised in the Hearing Notice.
Vifor (International) Ltd & Anr. v.Cipla Limited
Vifor filed suits seeking permanent injunction against Cipla and J.B. Chemicals for allegedly infringing Indian Patent No. 221536, which covers the water-soluble iron carbohydrate complex (FERRIC CARBOXYMALTOSE). The dispute arose after plaintiffs discovered marketing material for generic versions of their patented drug. The court considered arguments regarding the patent's nature and previous injunction orders before deciding on the continuation of status quo.
Merck Sharp And Dohme Corp v.Solitaire Pharmacia Private Limited
The dispute was settled with the acknowledgment of the plaintiff's rights to use the patent related to Sitagliptin. The defendant confirmed they did not engage in any activities constituting infringement during the patent's validity.
Rosemount Inc v.Deputy Controller Of Patents And Designs
Rosemount Inc appealed a rejection order passed by the Controller of Patents regarding its application for a 'Process Device with Density Measurement.' The Controller had rejected the patent citing lack of inventive steps based on prior art. However, the Delhi High Court found that the Controller's impugned order was cryptic and failed to provide adequate reasoning or analyze the three essential elements required to determine inventive step. Consequently, the High Court set aside the rejection and remanded the matter back to the Patent Office for fresh consideration with a mandate for a reasoned decision.
Vexim v.The Controller Of Patents
Vexim appealed the rejection of its Indian Patent application, 'Methods and Apparatuses for Bone Restoration,' which was initially denied due to lack of inventive step. The core issue before the Delhi High Court was whether the Patent Office had provided adequate reasoning for this refusal. The court found that the impugned order was cryptic, failing to analyze existing knowledge against the subject invention as required by law. Consequently, the rejection was set aside and the matter was remanded back to the Patent Office for a fresh, reasoned consideration.
Grupo Petrotemex S.A. De C.V. v.Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application (No. 965/DELNP/2006). The rejection was based on a lack of inventive step, even though the initial objection raised by the Patent Office related only to novelty. The High Court found that the impugned order went beyond the scope of the original objection and allowed the appeal.
Millennium Pharmaceuticals, Inc v.The Controller Of Patents
Millennium Pharmaceuticals appealed the refusal of its patent application (No. 9677/DELNP/2011), which had been rejected under Section 3(e) of the Patents Act, 1970. The High Court allowed the appeal and set aside the impugned order, remanding the matter to reconsider only the objection raised under Section 3(e).
F.Hoffmann-La Roche Ltd. v.Aurobindo Pharma Limited
F.Hoffmann-La Roche Ltd. filed a petition seeking revocation of Indian Patent No. 216665 against Aurobindo Pharma Limited and the Controller of Patents. The court noted that the patent's term had expired on June 24, 2014, rendering the matter infructuous.
Google Llc v.Assistant Controller Of Patents And Designs
Google LLC appealed the rejection of its patent application concerning a method and system for capturing panoramic images. The core contention was that the Patent Office failed to examine the amended claims under Section 13(3) of the Patents Act, 1970, leading to an unsustainable rejection order.
Mrs X v.Union Of India And Ors
This Delhi High Court judgment addresses a writ petition filed by 'Mrs. X' seeking the removal of her non-consensual intimate images (NCII) from various online platforms. The case details how Mrs. X was victimized after being coerced into paying money, leading to the leakage of explicit photos and videos on pornographic websites. Despite complaints to social media giants like Google and Microsoft, the content remained online. The Court emphasized the need for robust mechanisms to protect victims' privacy and dignity in a patriarchal society. While acknowledging existing legal frameworks under the IT Act, the judgment highlighted the reluctance of intermediaries in implementing these laws effectively. The court issued directions urging all concerned entities to comply with the stipulated provisions.
Agensys Inc v.Assistant Controller Of Patents Asnd Designs
Agensys Inc appealed an order from the Assistant Controller of Patents and Designs which rejected its application under Section 3(d) of the Patents Act, 1970. The appellant argued that their monoclonal antibody invention demonstrated a technical effect (improved affinity/cross-reactivity) not considered by the Controller, thus warranting the setting aside of the impugned order.
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