India Patent Cases
2,847 decisions indexed
Page 46 of 95 · 2,847 total
Unilever Plc. v.Anurag Tiwari
The Commercial IPR Suit No. 481 of 2022, filed by Unilever Plc. against Anurag Tiwari and others, was settled by both the Plaintiffs and Defendants. The court accepted the Consent Minutes of Order, permitted amendments to the cause title, and disposed of the suit.
Jawed Habib Hair And Beauty Limited v.Madhuri Singh
The Bombay High Court addressed an application seeking an interim injunction against the use of the 'Jawed Habib' trademark and associated copyright in hair salon services. The court denied the plaintiff's request for immediate relief, primarily because the defendant asserted that she had ceased using the marks as of September 17, 2022, and there was no prima facie evidence to the contrary. Crucially, the court allowed the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, effectively directing the dispute towards arbitration.
Premier Airways Limited v.Easy Group Ltd
The Madras High Court dismissed the petition filed by Premier Airways Limited seeking the removal of a trademark belonging to Easy Group Ltd. The court noted that the petitioner company had been struck off the Register of Companies, meaning it no longer existed as a juristic entity. Consequently, the court found the petition infructuous and dismissed it without making any order regarding costs.
Agfa Nv & Anr. v.The Assistant Controller Of Patents And Designs & Anr.
Agfa Nv appealed a decision by the Assistant Controller of Patents and Designs that refused grant for its patent application concerning 'MANUFACTURING OF DECORATIVE LAMINATES BY INKJET'. The refusal was based on objections regarding lack of clarity, succinctness, and inventive step. The Delhi High Court examined these grounds, particularly focusing on whether vague terms like 'thermosetting resin' were adequately defined in the complete specification. Ultimately, the court set aside the impugned order, directing the Patent Office to proceed with granting the patent.
Nayan India Science And Technologies Private Limited v.Intents Mobi Private Limited & Anr
The plaintiff filed a suit alleging infringement of three Indian Patents (373372, 407425, and 317629) by the defendant. The court registered the plaint as a suit and directed parties to file pleadings while addressing applications for injunctions.
Macgregor, Alexander v.Assistant Controller Of Patents And Designs & Anr.
The appellant challenged the Assistant Controller's order dated November 19, 2020, which rejected Patent Application No. 3036/DELNP/2012 for 'Derivatives of Di(phenylpropanoid) Glycerol'. The court first condoned a delay of 479 days in re-filing the appeal and subsequently issued directions to list the matter before the Joint Registrar.
Microsoft Corporation v.Assistant Controller Of Patants And Designs
Microsoft Corporation filed an application seeking discharge of its advocates. It was stated that Microsoft had assigned the subject Patent Application no. 84/DEL/2005 to Zhigu Holdings Limited in 2017, and since the matter transferred from IPAB, there has been no communication with the assignee.
Conqueror Innovations Private Limited v.Xiaomi Technology India Private Limited
The plaintiffs filed a commercial suit alleging infringement based on their patent. The court addressed several interlocutory applications, granting exemptions for mediation and allowing parties time to file necessary pleadings and documents.
Grauer And Weil (India) Limited v.Mr. Nirav Shah & Ors.
In a dispute concerning specialized lubricants, the Delhi High Court allowed Grauer And Weil to proceed with its suit against former employees and their associated firms. The court granted an exemption from mandatory pre-institution mediation and appointed a Local Commissioner. This commissioner is tasked with conducting a detailed inventory of the defendants' products and collecting samples, based on allegations that the defendants are using confidential information and trade secrets related to the plaintiff’s 'GRODAL' brand.
Huhtamaki Oyj And Anr v.Controller Of Patents
Huhtamaki Oyj appealed a patent application rejection (Application No. 6727/DELNP/2014) based on lack of inventive step. The High Court examined the prior art references and found that the initial rejection was flawed, particularly regarding the procedural aspects. Consequently, the court quashed the impugned order and remanded the application for fresh consideration.
Arjan Impex Pvt Ltd v.Ashish Padia & Anr.
Arjan Impex Pvt Ltd filed a rectification petition seeking the revocation of Patent No. 418294, titled "BONDED FUSION BOWL," registered in the name of Respondent No. 1. The court issued interim orders addressing procedural matters and restraining both parties from engaging in conduct that hinders each other's business during the pendency of the proceedings.
Eureka Forbes Limited (Formerly Forbes Enviro Solutions Limited) v.Mr. Vinod K. And Anr.
The Delhi High Court granted a permanent injunction in favor of Eureka Forbes Limited against Defendant No. 1 for infringing its trademarks ('AQUAGUARD', 'PAANI KA DOCTOR') and copyrights related to water purification systems and spares. The court also awarded damages and costs of Rs. 3,00,000/- to the plaintiff. This judgment underscores that a defendant who evades court proceedings by non-appearance can be held liable for damages, preventing them from benefiting from their evasion.
Eureka Forbes Limited (Formerly Forbes Enviro Solutions Limited) v.Pramod Jain And Ors.
The Delhi High Court issued several interim orders in the trademark and copyright infringement suit filed by Eureka Forbes Limited against Pramod Jain and others. The court granted the plaintiff exemptions regarding advance service to defendants and pre-institution mediation, recognizing the urgency of the matter. Crucially, the court appointed Local Commissioners to visit the premises of the defendants for inventorying and seizing counterfeit spares bearing the plaintiff's registered trademarks and copyrighted get-ups.
Zydus Healthcare Ltd. v.Assistant Controller Of Patents And Designs & Anr.
Zydus Healthcare Ltd. challenged the grant of Patent IN 426553 by alleging that the claims were broadened beyond the original filing scope, violating Section 59 of the Patents Act, 1970. The court issued an interim order addressing procedural matters (CM 61/2023) and directed notice to all parties for further consideration of the main petition.
Jayshree & Company v.The State Of West Bengal & Ors
Jayshree & Company challenged a notice issued by respondents restricting the registration of their echo friendly e-rickshaws. The restriction was based on an order in a Title Suit where a fuel cell battery manufacturer alleged patent infringement. The court ruled in favor of the petitioner, directing authorities to grant registration provided the vehicles are distinct from those in the ongoing suit.
Decco Worldwide Post Harvest Holdings B.V v.The Controller of Patents and Designs
The appellants appealed against the Assistant Controller's rejection of their patent application for a fungicidal treatment using Ortho-phenyphenol (OPP) to treat black sigatoka in banana plants. The Controller rejected the application citing lack of novelty, inventive steps, and non-patentability under Section 3(h).
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma & Ors.
The dispute involved allegations of patent infringement concerning the drug 'Apixaban' (Patent IN 247381). The parties reached a comprehensive settlement agreement with all defendants. The court accepted the terms, decreeing the suit subject to the agreed-upon conditions.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Cipla Limited
The dispute between Bristol-Myers Squibb Holdings Ireland and Cipla Limited regarding the commercialization of Apixaban was amicably settled. The defendant confirmed that it did not commercialize the drug under the brand name APIGY until after the expiry of the suit patent.
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.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.