India Patent Cases
4,815 decisions indexed
Page 48 of 161 · 4,815 total
Cassiopea S.P.A. v.Controller General Of Patents And Designs & Ors.
Cassiopea S.P.A. appealed the order passed by the Assistant Controller of Patent, which rejected its Indian Patent Application (No. 201717042863) and accepted a pre-grant opposition filed by other respondents. The Delhi High Court allowed applications for condoning delay in filing and re-filing the appeal.
Eastman Auto And Power Limited v.Shreejee Power Systems Llp
In a Delhi High Court case concerning trademark infringement and passing off, Eastman Auto And Power Limited successfully reached a settlement with Shreejee Power Systems Llp. The Defendant agreed to permanently cease using the disputed mark 'EASTON' in association with batteries and solar inverters, acknowledge the Plaintiff's rights in 'EASTMAN', and undertake specific actions including filing for cancellation of one registered mark and rectification of another. The suit was subsequently disposed of on these consent terms.
Alimentary Health Limited v.Controller Of Patents And Designs
Alimentary Health Limited appealed the refusal of its Indian Patent Application (No. 3989/DELNP/2012), which covered a formulation using the probiotic strain Bifidobacterium longum NCIMB 41676 (AH1714). The Controller had rejected the application, citing lack of inventive step and non-patentability under various sections of the Patent Act. The Delhi High Court set aside this refusal order and remanded the matter for fresh consideration. The court provided detailed directions to the Controller, requiring a thorough reassessment focusing on novelty, specific dosage/methodology, and whether the claims relate to second medical use.
Syngenta Participations Ag v.Controller Of Patents And Designs
Syngenta appealed the rejection of its patent application (No. 872/DELNP/2011) for 'Crop Safeners' by the Deputy Controller of Patents & Designs. The primary objection was the lack of specification regarding the ratio of constituents and novelty issues. The High Court found that the suggested amendments could address the non-specification issue and remanded the application for a fresh hearing.
Sun Pharma Laboratories Ltd. v.Perilla Life Science P. Ltd & Anr.
Sun Pharma Laboratories sought the cancellation of the trademark 'G-VER,' registered by Perilla Life Science P. Ltd, alleging contravention of the Trade Marks Act. Although Sun Pharma raised grounds based on Sections 9, 11, and 18 of the Act, the court noted that Respondent No. 1's counsel stated her client had discontinued use of the mark and had no objection to its cancellation. Consequently, the Delhi High Court disposed of the petition with a direction compelling the respondent to file the formal application for trademark cancellation.
Dr. Reddys Laboratories Limited v.Zeelab Pharmacy Pvt Ltd
The Delhi High Court granted an ex-parte ad interim injunction in favor of Dr. Reddys Laboratories Limited against Zeelab Pharmacy Pvt Ltd. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'OMEZEE' and 'OMEZEE-DM' for pharmaceutical products similar to the plaintiff's established mark 'OMEZ'. This immediate relief prevents the defendant from continuing manufacturing or marketing the infringing products until the full trial.
Boehringer Ingelheim Pharma Gmbh v.Natco Pharma Limited
The plaintiffs alleged infringement of their statutory rights over Indian Patent No. 224186. The parties amicably resolved their disputes and executed a Settlement Agreement.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The case involves allegations of patent infringement regarding product patent IN 268632 and process patent IN 464646.
Gsp Crop Science Pvt. Ltd v.Devender Kumar
The Plaintiff filed a suit for infringement of Indian Patent No. 3841841 related to a suspo-emulsion of Pendimethalin and Metribuzin. The parties mutually resolved their disputes and agreed to a compromise.
Nokia Technologies Oy v.Amazon Seller Services Private Limited & Ors.
The court addressed several interlocutory applications in the patent infringement suit filed by Nokia Technologies Oy against Amazon Seller Services Private Limited and others. The court disposed of the application seeking exemption from mediation and dismissed the application filed by Defendant No. 5 seeking deletion from the array of parties, affirming that all defendants are necessary for the dispute.
Eli Lilly And Company v.Natco Pharma Limited
The suit concerned allegations by Eli Lilly And Company that Natco Pharma Limited was infringing Indian Patent No. IN 297760 related to Abemaciclib. The dispute was resolved amicably, with the Defendants agreeing not to launch any product containing Abemaciclib until the patent expires or is invalidated.
Gunjan Sinha @ Kanishk Sinha v.Union of India
The appellants filed an appeal challenging a single bench order that had dismissed their writ petition. The original petition questioned the validity (vires) of Section 53 of the Patents Act, 1970. The court admitted the appeal but dismissed the prayer for stay, stating that the statute remains valid until struck down.
Future Bath Products Private Limited v.Corza International & Ors.
This Delhi High Court order addresses an application filed by Corza International challenging the validity of Future Bath Products' trademark 'CORSA'. The defendants argue that the plaintiff has failed to use the mark for goods in Class 11, citing Section 47 of the Trade Marks Act. The court issued notice and set timelines for both parties to file their respective replies and rejoinders before proceeding with the matter.
M/S New Bharat Overseas v.M/S Bhagwati Lacto Vegetarian Exports Pvt Ltd
The Delhi High Court allowed an application for substitution, recognizing that the original petitioner's trademark and copyright rights had been assigned to a new entity, M/s New Bharat Impex. The court held that since the cause of action now rested with the assignee, the substitution was necessary for effective adjudication. This order ensures continuity in IP litigation following a change in ownership.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A filed an appeal before the Delhi High Court challenging the Assistant Controller of Patents and Design's order dated January 2, 2024. The refusal was based on Section 3(b) of the Patents Act, 1970, concerning the Appellant's Indian Patent Application No. 201917025257.
R C Plasto Tanks And Pipes Pvt. Ltd v.M/S. Navnath Pipes
The plaintiff, R C Plasto Tanks And Pipes Pvt. Ltd., claimed that the defendant, M/S Navnath Pipes, was infringing its distinctive trademark 'PLASTO/' in relation to plastic pipes and fittings. The dispute arose when the plaintiff discovered the defendant using a deceptively similar mark for manufacturing and selling impugned goods.
Winzo Games Private Limited v.Hike Global Pte. Ltd.
WinZO Games Private Limited filed a petition seeking interim reliefs against Hike Global Pte. Ltd. alleging that the Respondents launched a competing app ('Rush') which imitated WinZO's features, misused confidential information, and utilized WinZO's proprietary match-making algorithm. The court issued an interim order directing both parties to place relevant source codes and algorithms on record for the Sole Arbitrator.
Pernod Ricard India Private Limited v.Advent Brand House Private Limited & Ors.
The Delhi High Court issued an order in the ongoing trademark dispute between Pernod Ricard India Private Limited and Advent Brand House Private Limited. Noting that certain respondents were unserved despite previous attempts, the court directed the issuance of fresh notices to Respondent Nos. 1 and 2. The petitioner was also instructed to serve the Trade Mark Attorney who represented Respondent No. 1 in the registration process. This procedural step ensures all parties are properly notified before further proceedings continue.
E. R. Squibb And Sons, Llc v.Zydus Lifesciences Limited
The plaintiffs are seeking a permanent injunction against the defendant for infringing their patent related to the pharmaceutical product NIVOLUMAB, marketed as OPDYTA in India. The defendant is attempting to process a biosimilar version of the plaintiff's drug.
Manish Vanigota v.Commissioner of Customs Nagpur
The appeal challenged the absolute confiscation of goods and penalties imposed by the Commissioner of Customs, Nagpur. The case involved various consignments containing prohibited items, including those infringing intellectual property rights, cosmetics, and pharmaceutical products. The Tribunal set aside several penalties, finding that the adjudicating authority failed to elaborate on the specific prescriptions violated.
Guala Closures Spa v.Agi Greenpac Limited
Guala Closures Spa filed a suit seeking enforcement of its patent rights against Agi Greenpac Limited, alleging infringement by the latter's 'Voila Closure.' The Plaintiff holds Patent No. 349522 for a tamper-evident closure with a two-level tear-off seal mechanism. The court examined the prima facie case regarding infringement and the necessity of an interim injunction. Ultimately, the Court found that the triple test for granting an injunction was not met, favoring the Defendants' business interests at this preliminary stage.
Structural Integrated Panels Private Limited v.Hexpressions Megatech Private Limited & Anr.
The Petitioner, engaged in manufacturing integrated panels, filed a suit seeking the revocation of Patent No. 360834 held by Respondent No. 1. The Petitioner claims that the patented technology is identical to its own commercially available product and that the patent claim is factually misleading.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India
The petitioner challenged the constitutional validity of Section 53 of the Patents Act, 1970, arguing that since full patent rights only commence upon grant, counting the twenty-year term from the date of application is contradictory. The respondents argued that both sections operate at different stages and are compliant with international obligations like TRIPS Agreement. The Court ultimately held that Section 53 is intra vires the Constitution.
Sunflame Enterprises P. Ltd. v.The Registrar Of Trademarks & Anr.
Sunflame Enterprises appealed the Registrar of Trademarks' decision to reject its opposition against a trademark application. The appellant argued that the Registrar incorrectly applied the 'actual confusion' test, contending that the standard should be the more robust 'likelihood of confusion.' The Delhi High Court accepted notice and directed both parties to file detailed written submissions within four weeks, setting the stage for a substantive hearing on the merits of the trademark dispute.
Chavvi Poplai And Anr v.Rajesh Chugh And Anr
The Delhi High Court addressed two matters in this order: an application seeking condonation of delay, which was granted, and a rectification petition challenging the trademark 'NIZAM'S'. The petitioners sought to remove the respondent's trademark registration, arguing that the word is publici juris. While the court accepted notice for the main petition, it also noted prior injunction orders favoring the respondents, directing both parties to file detailed replies before the next hearing.
Informa Markets India Private Limited v.M/S 4Pinfotech And Anr
Informa Markets India Private Limited filed a petition seeking rectification and removal of an existing copyright registration (L-79443/2018) for the work titled 'Virtual Expo'. The petitioner challenged the validity of the registration, arguing that the document merely described generic benefits of conducting virtual expositions. The Delhi High Court examined whether this description constituted protectable literary material or was simply a documentation of an idea. Ultimately, the court ruled in favor of the petitioner, holding that since the content was abstract and extremely generic, it did not meet the threshold for copyrightability.
Telefonaktiebolaget Lm Aricsson (Pub) v.Controller General of Patents and Designs and Trademarks
This order in Telefonaktiebolaget Lm Aricsson vs Controller General of Patents and Designs deals with a patent application that has technically expired. Despite the expiration, the appellant raised arguments concerning whether telecommunication methods fall under the scope of 'algorithm' or 'business method', which would restrict them under Section 3(k) of the Patents Act, 1997. The court acknowledged this academic issue and scheduled the matter for further hearing.
Rayner Surgical Ireland Limited (formerly Omeros Corporation) v.The Deputy Controller of Patents and Designs
The appellant (Rayner Surgical Ireland Limited/Omeros Corporation) filed an appeal challenging the order dated January 31, 2020, which refused its patent application for 'STABLE PRESERVATIVE-FREE MYDRIATIC AND ANTI-INFLAMMATORY SOLUTIONS FOR INJECTION'. The court also addressed applications regarding exemption from fees and condonation of delay.
Samsung Electronics Co,M v.Samsung Leasing & Ors.
The Delhi High Court addressed several procedural applications in the trademark passing off suit filed by Samsung Electronics. The court allowed a minor application concerning corporate name changes for one defendant, while simultaneously framing an additional issue to determine the validity and non-use of the plaintiff's 'SAMSUNG' trademarks. Furthermore, the court dismissed the defendants' attempt to prematurely adjudicate objections regarding the mode of proof during evidence, holding that such issues are best reserved for final arguments.
Raaj Unocal Lubricants Limited v.Registrar Of Trade Marks
The Delhi High Court addressed petitions concerning the registration of impugned trademarks. While an initial request for document exemption was granted, a subsequent interim application seeking directions was dismissed because the marks had already been registered. The court noted that despite the registrations, the core legal question regarding third-party rights under Section 19 of the Trade Marks Act requires further consideration and set a date for re-notification.
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.