India Patent Cases
2,847 decisions indexed
Page 5 of 95 · 2,847 total
Trutech Machinery v.Controller of Patents & Anr.
Trutech Machinery challenged the Assistant Controller's order allowing a patent application for an improved round corner cutting machine. The Petitioner raised objections under Section 25, including anticipation and lack of inventive step. The Court found no legal error in the summary inquiry conducted by the Controller and directed the Petitioner to seek revocation under Section 64.
Steigerwald Arzneimittlewerk Gmbh v.Assistant Controller Of Patents And Designs
The Appellant challenged the Assistant Controller's refusal to grant a patent application (No. 1285/DEL/2009) on grounds of lack of novelty and inventive step. The invention relates to a method for producing a plant-based medicament, Iberogast, which requires a specific mixing sequence for stable quality. The High Court found infirmities in the Controller's order regarding the reasoning under Sections 3(d) and 3(e), setting aside the Impugned Order and remanding the matter.
Saint Gobain Tm Kk v.Assistant Controller Opf Patents And Designs
Saint Gobain Tm Kk filed an appeal before the Delhi High Court challenging an order issued by the Assistant Comptroller of Patents and Designs regarding patent application no. 201717018424. The court accepted notice and granted time for the respondent to file written submissions, listing the case for further hearing.
Largan Precision Co. Ltd v.Motorola Mobility India Limited And Ors
Largan Precision Co. Ltd filed a suit seeking an interim injunction and disclosure of sales against Motorola Mobility India Limited for alleged infringement of Indian Patent No. TN 395095. The court allowed notice to the defendants and listed the matter for further consideration.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiffs filed an application seeking an ex parte ad interim injunction restraining the defendants from dealing in products that infringe their Indian Patent No. 426553, specifically mentioning the brand name NYKRON. The court accepted notice and directed the defendants to file a reply within two weeks.
OCV Intellectual Capital Llc v.The Controller General of Patents, Designs and Trademarks
The appeal challenged the rejection of a patent application for a high-performance glass fiber composition that achieves S-glass properties at a lower manufacturing cost. The Controller rejected it based on lack of novelty, inventive steps, and non-patentable subject matter. The High Court set aside the rejection order, finding that the Controller failed to consider key arguments regarding technical advancement and synergistic effect.
Bhupesh Sevantilal Shah v.Lyka Bdr International Limited
The applicant filed an Interim Application in aid of Execution Application seeking the execution of an award dated November 15, 2023. The court granted directions requiring the respondent to disclose all particulars of their assets, including intellectual property rights (patents, copyrights, trademarks), within four weeks.
Natco Pharma Limit v.Novo Nordisk A/S And Ors.
The petitioner, Natco Pharma Limit, filed a petition seeking the revocation of Indian Patent No. 262697 before the Delhi High Court. The court issued notice to the respondents and directed them to file replies within six weeks.
Kba Notasys Sa v.Controller General Of Patents, Designs and Trademarks and Anr
The appellant, Kba Notasys Sa, challenged an impugned order issued by the Controller General of Patents. The appellant argued that the Controller failed to apply established guidelines for determining inventive step and did not properly assess the invention described in their drawings. The respondent contended that the claimed invention was not patentable as it was covered by existing prior art.
Maj (Retd.) Sukesh Behl Proprietor, M/S Pearl Engineering Company & Anr. v.Koninklijke Philips Nv
The appeals challenged the Single Judge's decree awarding substantial damages against the appellants (Maj Retd. Sukesh Behl & Anr.) for infringing Patent IN 2182555 held by Koninklijke Philips Nv. The court adjudicated applications seeking stay of execution of this judgment and decree.
Steer Engineering Private Limited v.Joint Controller of Patents and Designs
The appeal was filed against the Joint Controller's order refusing to grant a patent for a fiber reinforced thermoplastic composition. The respondent argued that the amended claims were already covered by the parent application and did not meet statutory requirements, citing prior art.
Automat Irrigation Pvt. Ltd. v.Aquestia Limited
Automat Irrigation Pvt. Ltd. appealed a Single Judge's decision which held that its product, Hydromat Valve (an FCV), infringed Patent IN 4270503 of Aquestia Limited. The appellate court found errors of principle in the lower judgment regarding claim interpretation and fundamental differences in technology between the two valves.
E.R.Squibb & Sons Llc v.Union of India
E.R.Squibb & Sons LLC challenged the recommendation made by the Opposition Board regarding Patent No. IN340060, arguing that the board failed to consider crucial evidence submitted by the patentee during post-grant opposition proceedings initiated by Zydus Healthcare Limited. The Madras High Court dismissed the writ petition, holding that since the recommendation is only a suggestion for the Patent Authority, the petitioner could raise these objections during the final decision-making process or appeal.
Surface Logix Llc & Ors. v.Lucius Pharmaceutical Lucius Pharmaceutical(Lao) Co. Ltd & Ors.
Surface Logix LLC and its associates filed a suit seeking permanent injunction and damages against Lucius Pharmaceutical for alleged infringement of Indian Patent No. 291914, titled 'PHARMACOKINETICALLY IMPROVED COMPOUNDS'. The court addressed various procedural applications, including granting exemption from pre-litigation mediation due to the urgency of interim relief. Crucially, the court granted an ad-interim injunction restraining the defendants from infringing the patent and directed Defendant No. 2 (an online platform) to delist all advertisements related to the generic product 'BELUMOSUDIL' or brand name 'LuciBelu'.
Saint Gobain Placo & Anr v.M/S Steel India & Ors
The Plaintiffs, holding patents related to a corrugated construction element and its manufacturing method, filed a suit against the Defendants for infringement. The court found merit in the Plaintiffs' submission and passed orders restraining the Defendants from dealing with infringing materials.
Novartis A.G. v.YY
The Plaintiffs, Novartis A.G. and its affiliate, filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 419280. The court granted several interlocutory orders, including an interim injunction and exemption from mandatory pre-litigation mediation.
Myokardia Inc. v.Lucius Pharmaceutical
Myokardia Inc. filed a suit against Lucius Pharmaceutical alleging infringement of its Indian Patent No. 392872, which covers novel pyrimidinedione compounds used to treat serious cardiovascular diseases like hypertrophic cardiomyopathy (HCM). The Plaintiffs argued that the defendants' generic product infringed upon their patented technology and caused irreparable harm. Based on a prima facie assessment, the Delhi High Court granted an ex-parte ad-interim injunction restraining the defendants from manufacturing or selling generic Mavacamten until further hearing.
Marico Limited v.Essen Products India Limited
The Bombay High Court granted ad-interim relief in favor of Marico Limited against Essen Products India Limited. The court allowed a leave petition to combine claims for passing off with trademark and copyright infringement. Based on prima facie evidence, the court found that the defendant's product was deceptively similar to Marico's well-established brands (Parachute and Nihar) and depicted in pirated artwork. Consequently, an injunction was issued preventing the defendants from using similar marks or trade dress pending the final disposal of the suit.
UPL Limited And Anr v.Royal Agro Tech And Ors
The Plaintiffs filed a commercial suit seeking permanent injunction against the Defendants for infringement related to agricultural chemicals, specifically concerning an Indian Patent and Trade Mark. The court granted several applications, including exemption from pre-institution mediation and advance service, while directing the execution of Local Commissions to inspect infringing products.
Kenvue Brands Llc & Anr v.Rspl Limited
Plaintiffs filed a suit seeking permanent injunction against infringement of their patent (IN 339964) by Defendant's products. The court, while considering an application for interim injunction, raised serious doubts regarding the authenticity and timing of the technical expert affidavit provided by the Plaintiffs.
Astellas Institute For Regenerative Medicine v.The Controller Of Patents And Designs
The petitioner appealed against an order rejecting their patent application for 'Improved methods of producing RPE cells and compositions of RPE cells'. The core dispute centered on whether the invention, which uses human pluripotent cells to produce RPE cells, violated Section 3(b) of the Patents Act due to ethical concerns about embryo destruction. The court upheld the rejection order.
Nandamuri Taraka Rama Rao v.Ashok Kumar / John Doe And Ors
The Delhi High Court registered a commercial suit filed by actor Nandamuri Taraka Rama Rao seeking protection against the misappropriation of his personality and publicity rights. The court granted several procedural reliefs, including exempting the plaintiff from mandatory pre-litigation mediation and statutory notices for certain defendants. Furthermore, the court issued summons to specific online retailers found to be unauthorizedly selling merchandise bearing the plaintiff's likeness, allowing the suit to proceed toward an injunction against infringement.
Manash Lifestyle Private Limited & Anr. v.Flipkart Internet Private Limited & Ors
The Delhi High Court addressed multiple applications in a suit concerning trademark and copyright infringement related to the 'DERMDOC' brand. While granting several procedural exemptions to the plaintiffs, the court also issued significant interim relief. Specifically, it directed Scribd Inc. (Defendant No. 17) to immediately remove all documents associated with the infringing trademarks from its platform. Furthermore, Defendant No. 1 was ordered to disclose details of commissions earned through the alleged infringement period.
Incyte Holdings Corporation v.Sun Pharmaceutical Industries Limited
The plaintiffs filed a quia timet action alleging infringement of their patent (IN'841) covering the drug 'Ruxolitinib', marketed as JAKAVI®. The defendants denied commercialization and requested protection under Section 107A. Both parties agreed to settle, with the defendant undertaking not to commercially exploit the compound during the patent's validity.
Incyte Holdings Corporation v.Torrent Pharmaceuticals Limited
Incyte Holdings Corporation filed a quia timet action alleging that Torrent Pharmaceuticals Limited was about to infringe its Indian Patent No. 269841, which covers the compound Ruxolitinib (marketed as JAKAVI®). The parties reached an agreement where the defendant committed not to commercially manufacture or deal in products containing Ruxolitinib during the patent's validity, while retaining rights for research purposes.
Versuni Holding Bv Trading As Preethi v.Maya Appliances Private Limited
This Madras High Court judgment addresses the maintainability of a patent revocation application filed by Versuni Holding Bv Trading As Preethi against Maya Appliances Private Limited. The core issue was whether the petitioner could file this separate revocation petition when they had already contested the validity of Indian Patent No. 351954 as a counter-claim in an infringement suit before the Delhi High Court. The court held that once a defense is exercised in one forum, it cannot be re-agitated in another.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed a matter concerning an impugned patent. The respondent (patentee) submitted that the patent, granted in 2019, was due for renewal but the patentee had resolved not to seek renewal and would not exercise its right to revive it. Both parties agreed to this submission.
Xx And Ors v.Yy
The suit was filed seeking permanent injunction restraining the defendant (Exemed Pharmaceuticals) from infringing the Indian Patent No. 269841, which covers the compound 'Ruxolitinib'. The court granted an interim injunction and passed various procedural orders related to the case.
Dr.Vishwanath Padmanabhan v.The Joint Controller of Patents & Designs, Head of Office, Patent Office Chennai
Dr. Vishwanath Padmanabhan challenged the Patent Office's decision to deem his invention application withdrawn under Section 11B(4) due to a technical uploading error in the e-filing portal. The court found that since the petitioner intended to proceed and had paid all requisite fees, the rejection was unjust.
Kirti Dal Mills Limited v.Rajesh Lunkad
Kirti Dal Mills Limited challenged an order that stayed its Commercial Suit No. 1 of 2024, citing the pendency of a previous suit. The core dispute involved claims of passing off and copyright infringement related to edible oils under the brand 'CHAMPION'. The High Court found that the trial court misinterpreted the provisions of the Trade Marks Act and the Commercial Courts Act while applying Section 10 CPC. Consequently, the impugned stay order was quashed, allowing the commercial suit to proceed.
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