India Patent Cases
2,847 decisions indexed
Page 49 of 95 · 2,847 total
Boehringer Ingelheim Pharma Gmbh And Co. Kg & Anr. v.Vee Excel Drugs and Pharmaceuticals Private Ltd. & Ors., Alkem Laboratories Ltd & Anr., Micro Labs Limited, Natco Pharma Limited & Anr., Mankind Pharma Limited
This judgment addresses multiple suits filed by Boehringer Ingelheim Pharma seeking permanent injunction against various Indian pharmaceutical companies for infringing Patent No. IN 243301, which covers Linagliptin compounds. The court examined the applications for interim injunction and found that the plaintiffs failed to establish a prima facie case. Furthermore, the judge expressed concerns regarding the patent's vulnerability due to prior claiming and alleged attempts at evergreening by the patentees. Consequently, all interim injunction applications were dismissed, allowing the defendants to continue manufacturing and selling products containing Linagliptin.
Diamond Star Global Sdn. Bhd. v.Joint Controller Of Patents And Designs
The appellant sought a patent for 'Hygiene Wash,' a skin care preparation using wood vinegar derived from the Rhizophora apiculata tree. The Controller rejected the application, but the High Court found that the invention possessed an inventive step by identifying guaiacol-free wood vinegar and determining the optimal concentration (18-22%) to selectively target harmful bacteria while preserving beneficial lactic acid bacteria.
Yang, Liping v.Controller Of Patents And Designs
Yang, Liping appealed an order dated November 18, 2013, which refused his Indian Patent Application (No. 2769/DELNEP/2004). The refusal was based on the patent not meeting Section 2(1)(j) of the Indian Patent Act, 1970. The court issued directions for service and filing of replies to proceed with the appeal.
Hatsun Agro Product Ltd. v.M/S.Himachal Milk Food Products
Hatsun Agro Product Ltd. filed a civil suit against M/S.Himachal Milk Food Products alleging infringement of its trademarks and copyrights, specifically concerning the use of similar containers and labels on dairy products like Ghee. The plaintiff sought permanent injunctions and damages for passing off. However, before the court could rule on the merits of the case, the plaintiff moved to withdraw the suit, which was subsequently granted by the Madras High Court.
Microsoft Corporation v.The Assistant Controller Of Patents And Designs
Microsoft Corporation appealed the Assistant Controller's order rejecting its patent application (No. 487/DELNP/2006). The rejection was based on vague grounds, including failure to adhere to a non-defined 'method step format' and falling under Section 3(k) as an algorithm-based invention. The High Court found the Controller's reasoning lacking focus and unsustainable.
Boehringer Ingelheim Pharma Gmbh And Co Kg v.The Controller Of Patents & Anr.
Boehringer Ingelheim Pharma challenged the rejection of its application seeking to quash a pre-grant opposition filed against its patent application. The petitioner argued that the opposition lacked reasonable justification, while the court addressed the issue of abuse of process under Section 25(1).
Ischemix Llc v.The Controller Of Patents
Ischemix Llc appealed the Controller's rejection of its patent application (No. 4380/DELNP/2013) concerning pharmaceutical products for treating ischemia. The appellant argued that the rejection, based on prior art D-5/D-6 and Section 3(d), was flawed because these documents were not cited during the initial hearing. The High Court quashed the impugned order and remanded the application for de novo consideration.
Kent Ro Systems Pvt Ltd v.Pushpendra Yadav
Kent Ro Systems Pvt Ltd filed a suit alleging design and trademark infringement against Pushpendra Yadav and others, specifically targeting water purifiers sold on Flipkart. The plaintiff asserted that the defendants' products infringed their registered Design No. 219309 for a water purifier and used deceptively similar marks like AQUA GRAND+ infringing KENT GRAND+. The Delhi High Court allowed the interim application, finding prima facie evidence of both design piracy and trademark infringement.
Emitech Gesellschaft Fur Emissionstechnologie MBH v.Controller General Of Patents Designs And Trademarks And Anr
Emitech Gesellschaft Fur Emissionstechnologie MBH filed an appeal challenging the rejection of its Indian Patent Application No. 9107/DELNP/2011 by the Controller General of Patents Designs and Trademarks. The patent application relates to a heatable honeycomb body designed for motor vehicles, allowing exhaust gas flow through electrically conductive layers. Emitech contended that the rejection was erroneous as the invention introduced novel features not found in existing prior art.
Alternative Gene Expression S L v.The Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application, which held that the method of producing recombinant proteins by destruction of pupa was non-patentable under Section 3(b). The High Court found the rejection order to be cryptic and lacking reasoned justification despite detailed submissions from the appellant.
M/S SUMOTEK INNOVATION PVT. LTD. AND ANR. v.Assam Power Distribution Co. Ltd.
The petitioner filed a writ appeal claiming that the respondent, APDCL, was infringing its patent rights related to a Prepaid/Postpaid Electricity Supply Machine. The court dismissed the appeal, holding that since the remedy for patent infringement is compensation or injunction under the Patents Act, 1970, the matter must be heard by a Civil Court of competent jurisdiction.
Vifor International Ltd. v.Aishwarya Health Care Private Limited
Vifor International Ltd., a global pharmaceutical company, filed suit against Aishwarya Health Care Private Limited alleging infringement of its patented drug, Ferric Carboxymaltose. The plaintiffs claimed that the defendants intended to launch a generic version, 'Ferocose FCM', which would infringe upon their patent (No. 221536). After considering the prima facie case and balance of convenience, the Delhi High Court granted an ad-interim injunction.
Cambridge Enterprises Ltd. v.The Controller General Of Patents And Designs And Anr
The appellant challenged an order from the Deputy Controller of Patents & Designs that refused Patent No. 2216/KOLNP/2009, claiming it was filed beyond the statutory time limit. The court examined the filing records and found that the application was correctly filed on June 5, 2009, within the stipulated deadline.
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed the refusal of its patent application concerning a method for text selection on touch screens. The core issue before the Delhi High Court was not the technical merits of the invention itself, but rather the procedural flaw in the Assistant Controller's rejection order. The court found that the impugned order lacked discernible reasoning and appeared to be a mechanical replication of claims, rendering the decision arbitrary. Consequently, the High Court quashed the refusal order and remanded the matter back to the Patent Office for a fresh, reasoned consideration.
Ecomax Solutions Pvt. Ltd. v.Energeo Building Solutions Llp & Ors.
The dispute concerned alleged patent infringement regarding Ecomax Solutions' Automatic Tube Cleaning System (ATCS) against Energeo Building Solutions' AFCS. The court examined whether the defendants' system infringed the claims of IN 382118. The court found that the AFCS was prima facie dissimilar to the suit patent, leading to the dismissal of the plaintiff's injunction application.
Aska Equipments Private Limited v.Ramanlal Kishandas Kothari & Ors.
The appellant, Aska Equipments Private Limited, sought to withdraw its appeal and related applications. The counsel requested liberty to file an application seeking revocation of a patent in the Trial Court, which could then be transferred to the High Court under Section 104 of the Patents Act, 1970.
Medtronic Xomed, Inc v.Controller General Of Patents, Designs and Trademarks And Anr
The Calcutta High Court addressed an opposition matter (OA/4/2018/PT/KOL) involving Medtronic Xomed, Inc. The court noted that no counsel appeared for the appellant on the hearing date. Consequently, the matter was adjourned to March 30, 2023, with specific directions issued to the respondent authorities to serve a copy of the application on the appellant and file an Affidavit of Service.
Satbir Singh v.Assistant Controller Of Patents
Satbir Singh appealed the rejection of his patent application for a 'Pellet Feed Manufacturing Plant'. The Assistant Controller rejected the application citing lack of inventive steps and that it was merely an arrangement or re-arrangement. The High Court set aside the impugned order, finding that the objection under Section 3(f) was not afforded to the Appellant during the examination process.
Google Llc v.The Controller Of Patents
Google LLC appealed a decision by The Controller of Patents that refused its Indian Patent Application (No. 5429/DELNP/2007) under Section 2(1)(j) of the Patents Act, 1970. The appellant argued that the cited prior art did not disclose the claimed invention.
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
Plaintiff filed a suit seeking permanent injunction against infringement of his process patent related to extracting Alpha Yohimbine. The dispute centered on whether the Defendants' product was made using the patented process, and how to balance the need for evidence with the protection of Defendants' trade secrets.
Dolby International Ab v.The Assistant Controller Of Patents And Designs
Dolby International Ab appealed the rejection of its patent application (No. 6570/DELNP/2009) by the Assistant Controller of Patents. The Delhi High Court found that the impugned order was arbitrary, incomprehensible, and lacked any proper reasoning or due application of mind. Consequently, the court quashed the rejection and remanded the matter for fresh consideration.
Kanishk Sinha v.The Union of India & Ors.
Kanishk Sinha filed a review application challenging the order of a Single Judge regarding the constitutional validity of Section 53 of the Patents Act, 1970. The court dismissed the review application, holding that the petitioner had not adequately argued or pleaded the issue of constitutional validity in the original writ petition.
Procter And Gamble Company v.Controller Of Patents And Designs
Procter And Gamble Company appealed the rejection of its patent application (No. 5444/DELNP/2007). The rejection was based on Section 2(1)(ja) of the Patents Act, 1970, citing prior art that showed individual ingredients. P&G argued that the cited art did not disclose the invention as a composition thereof.
Biomoneta Research Pvt Ltd. v.Controller General Of Patents Designs And Anr
Biomoneta Research Pvt Ltd. appealed a decision by the Controller General of Patents and Designs which refused to grant a patent for its 'Air Decontamination Assembly.' The refusal was based on objections regarding lack of inventive step and non-patentable subject matter. Biomoneta argued that their device offered unique features not present in the prior art, supported by significant government funding and international recognition. The Delhi High Court ultimately allowed the appeal, setting aside the impugned order and directing the patent application to proceed for grant.
Commissioner Of Service Tax, Kolkata v.M/s. McLeod Russel (India) Limited
The Revenue appealed an order dropping demands for Service Tax on royalties paid by M/s. McLeod Russel (India) Limited to a foreign company for using licensed trademarks and patents related to tea production. The Tribunal held that since the trade marks and patents were not registered in India, they did not qualify as Intellectual Property Rights under Indian law 'for the time being in force', thus making the royalty payment non-taxable.
Biomoneta Research Pvt Ltd v.Controller General Of Patents, Design
Biomoneta Research Pvt Ltd appealed a decision by the Controller General of Patents which had refused to grant a patent for its 'Air Decontamination Assembly.' The refusal was based primarily on the grounds that the subject matter lacked inventive step over existing prior art. Biomoneta highlighted the innovative nature of its device, supported by significant government funding and international recognition. The Delhi High Court ultimately allowed the appeal, setting aside the impugned order and directing the patent application to proceed for grant.
Aviral Education Welfare and Cultural Society v.Delhi Public School Society
This case involved a dispute arising from the termination of a Joint Venture Agreement between Aviral Education Welfare and Cultural Society (AEWCS) and Delhi Public School Society (DPSS). Following the termination, AEWCS continued operating as 'Delhi Public School, Sahibabad,' leading to concurrent litigation regarding trademark and copyright infringement. The court addressed both the contractual dispute and the IP misuse, ultimately finding that while the termination clause was binding, the public needed clarity regarding the school's affiliation status.
Tapas Chatterjee v.Assistant Controller Of Patents And Designs & Anr.
The appellant challenged the refusal of their Indian Patent Application No. 201911036748 by the Controller on grounds of non-patentability under Section 3(d) and lack of inventive step. The appeal argued that the invention was novel, inventive, and not subject to the bar of Section 3(d). However, the High Court upheld the Controller's refusal.
Fibrocell Technologies Inc. v.Controller Of Patents
Fibrocell Technologies Inc. appealed against an order by the Controller of Patents rejecting its Indian Patent Application No. 10246/DELNP/2012. The rejection was based on Section 10(4)(c) of the Patents Act, 1970. The court issued directions for filing replies and further pleadings.
Immersion Corporation v.Xiaomi Technology India Private Limited & Ors.
The plaintiff, Immersion Corporation, filed a commercial suit alleging that the defendants infringed upon a patent held by the plaintiff through their manufacture and sale of mobile handsets. The court allowed procedural applications regarding document submission and exempted the case from mandatory pre-institution mediation.
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