India Patent Cases

2,823 decisions indexed

Page 50 of 95 · 2,823 total

patent mixed · Feb 15, 2023

Saurav Chaudhary v.Union Of India & Anr.

Delhi High Court - Orders · W.P.(C)-IPD 9/2023

Saurav Chaudhary filed a writ petition seeking mandamus from the Delhi High Court to compel the Controller General of Patents, Designs and Trademarks to restore his patent application. The application, for a "Blind-Stitch Sewing Machine," had been deemed abandoned under Section 21(1) of the Patents Act, 1970. Chaudhary contended that the abandonment was an error caused by his erstwhile Patent Agent and that he never intended to abandon the invention.

patent mixed · Feb 10, 2023

Kamal Kumar & Ors. v.Jagteshwar Singh & Anr.

Delhi High Court - Orders · FAO 274/2017 & CM. APPL. 22814/2017

The Delhi High Court addressed an appeal filed by Kamal Kumar & Ors. against Jagteshwar Singh & Anr., which originated from a suit involving trademark and copyright infringement claims. The court noted that due to regulatory notifications, the matter needed specific handling within the IP division of the High Court. Consequently, the Registry was directed to re-register the appeal and schedule its hearing before the Intellectual Property Division on March 14, 2023.

patent pending · Feb 9, 2023

XY LLC v.The Asst .Controller Of Patents And Designs and Anr

Calcutta High Court · IPDPTA/89/2023

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in April 2023.

patent remanded · Feb 8, 2023

Sk Geo Centric Co Ltd v.The Controller Of Patents

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 241/2022

Sk Geo Centric Co Ltd appealed a refusal order passed by the Joint Controller of Patents and Designs regarding its patent application. The appellant argued that the refusal order, which cited prior art D4, was bereft of any reasoning to support the conclusion of lacking inventive step. The High Court found the impugned order invalid due to lack of justification and remanded the matter for reconsideration.

patent interim order · Feb 3, 2023

Battelle Memorial Institute v.Controller General of Patents, Designs and Trademarks and Anr.

Calcutta High Court · IPDPTA/105/2023

This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices to both parties and file a report before proceeding with the case. Liberty was also granted for either party to apply for an early hearing.

patent plaintiff favorable · Feb 3, 2023

Societe Des Produits Nestle Sa v.The Controller Of Patents And Design & Anr.

Delhi High Court · 2023/DHC/000774

Nestle appealed the refusal of its patent application, titled 'Composition for use in the Prophylaxis of Allergic Disease,' which had been rejected by the Patent Office on grounds including being a method of treatment and lack of inventive step. The High Court examined arguments regarding claim scope, permissible amendments under Section 59, and the demonstration of synergy. Ultimately, the court allowed the appeal, finding that the subject matter satisfied the criteria for inventive step and directing the application to proceed for grant.

patent interim order · Feb 3, 2023

Pentraxin Therapeutics Limited v.Controller General of Patents, Designs and Trademarks and Anr.

Calcutta High Court · IPDPTA/106/2023

This case involves Pentraxin Therapeutics Limited challenging matters before the Controller General of Patents. The High Court at Calcutta received this matter via transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Commercial Appellate Division to issue notices and file a report, setting the stage for further litigation.

patent remanded · Feb 2, 2023

Green Cross Holdings Corporation v.The Controller of Patents and Designs, Government of India

Madras High Court · CMA (PT) No.10 of 2023

Green Cross Holdings Corporation appealed the order dated 02.02.2023 by the Controller of Patents and Designs which rejected its patent application for a method of preparing Plasma-derived Hepatitis B Human Immunoglobulin Agent. The appellant argued that all objections were addressed, but the rejection was arbitrary. The High Court found that the respondent failed to discuss the prior arts or provide justifiable reasons for rejecting the inventive step.

patent pending · Jan 31, 2023

JFE Steel Corporation v.Assistant Controller Of Patents and Designs and Anr.

Calcutta High Court · IPDPTA/92/2023 (JFE STEEL CORPORATION (SR. NO. 13/2021/PT/KOL))

The matter was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before listing the case in March 2023.

patent pending · Jan 31, 2023

Maruishi Pharmaceutical Co Ltd v.Deputy Controller Of Patents and Designs (Hearing Officer) and Anr

Calcutta High Court · IPDPTA/99/2023

The case was received by the Calcutta High Court upon transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter for March 2023.

patent pending · Jan 31, 2023

Glaxosmithkline Llc v.Controller General Of Patents And Designs And Anr.

Calcutta High Court · IPDPTA/100/2023

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.

patent pending · Jan 31, 2023

Quality Tools Srl v.The Controller General Of Patents and Designs And Anr.

Calcutta High Court · IPDPTA/93/2023

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue necessary notices and file a report before listing the matter in March 2023.

patent pending · Jan 31, 2023

Shroff Geeta v.Asst. Controller Of Patents And Design

Calcutta High Court · IPDPTA/88/2023 (OA/10/2019/Pt/Kol)

The matter (OA/10/2019/Pt/Kol) was received by the Calcutta High Court upon transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report.

patent pending · Jan 31, 2023

JW Pharmaceutical Corporation (Formerly Choongwae Pharma Corporation) v.Controller General of Patent and Designs and Anr

Calcutta High Court · IPDPTA/98/2023

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices to both parties and file a report before listing the matter in March 2023.

patent In favor of Plaintiff · Jan 30, 2023

Western Smart Bins (J.V.) v.Sotkon Sp Slu

Delhi High Court

The plaintiff filed a suit for permanent injunction against the defendants for infringing its registered patent and copyright. The court upheld the injunction against the defendants for continuing their infringing activities.

patent pending · Jan 30, 2023

Prasad v.The Controller Of Patents and Design, Kolkata and Anr

Calcutta High Court · IPDPTA/80/2023 (OA/2/2020/Pt/Kol)

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.

patent pending · Jan 30, 2023

Thomson Licensing S.A v.Asst. Controller Of Patents And Designs and Anr

Calcutta High Court · IPDPTA/60/2023 (Sr No 293/2010/PT/KOL)

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices to both parties before the returnable date and file a report.

patent interim order · Jan 30, 2023

Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks And Anr.

Calcutta High Court · IPDPTA/78/2023 (OA/11/2019/Pt/Kol)

This case involves Sanofi - Aventis challenging decisions related to its patent application (OA/11/2019/Pt/Kol). The matter was transferred from the Intellectual Property Appellate Board (IPAB) following the implementation of the Tribunals Reform Act, 2021. The Calcutta High Court directed the Commercial Appellate Division to issue necessary notices and file a report before proceeding with the hearing.

patent pending · Jan 30, 2023

Vicuron Pharmaceuticals, Inc v.Controller General of Patents and Designs and Anr

Calcutta High Court · IPDPTA/72/2023 (OA/22/13/PT/KOL)

This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the case in March 2023.

patent pending · Jan 30, 2023

Tata Global Beverages Limited v.Assistant Controller Of Patents And Designs and Anr

Calcutta High Court · IPDPTA/74/2023

The Calcutta High Court received the matter (OA/11/2016/PT/KOL) on transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Department to issue notices and file a report.

patent interim order · Jan 30, 2023

Novartis Ag v.Natco Pharma Limited

Delhi High Court - Orders · CS(COMM) 229/2019

The court disposed of several interlocutory applications (I.A.) in the patent dispute between Novartis Ag and Natco Pharma Limited. The defendant withdrew its counter claim seeking invalidity of the suit patent, and the court allowed the defendant to file additional documents after imposing conditions.

patent pending · Jan 30, 2023

LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE v.THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

Calcutta High Court · IPDPTA/83/2023

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before listing the matter for March 2023.

patent pending · Jan 30, 2023

BASF SE v.Dy. Controller Of Patents and Designs, Kolkata

Calcutta High Court · IPDPTA/82/2023 (Original transfer from OA/12/2017/Pt/Kol)

The matter was received by the High Court at Calcutta upon transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter.

patent pending · Jan 30, 2023

Usg Interiors Llc v.Deputy Controller Of Patents And Designs

Calcutta High Court · OA 9/2019/Pt/Kol (IPDPTA/76/2023)

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court noted that no counsel appeared and directed the Commercial Appellate Division to issue notices before setting a returnable date.

patent pending · Jan 30, 2023

Asha Nutrition Sciences Inc v.The Asst. Controller Of Patents And Designs

Calcutta High Court · IPDPTA/62/2023 (OA/15/2019/PT/KOL)

The case was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.

patent dismissed · Jan 25, 2023

Novartis Ag v.Synokem Pharmaceuticals Limited

Delhi High Court · CS(COMM) 579/2022

Novartis filed a suit alleging that Synokem infringed Indian Patent IN 229051, which covered a pharmaceutical composition of Valsartan and Sacubitril. The court noted that the patent had expired on January 16, 2023, rendering the dispute infructuous.

patent dismissed · Jan 24, 2023

Mohan Breweries And Distilleries Limited v.M.P.Beer Products Private Limited

Madras High Court · C.S.No.277 of 2016

Mohan Breweries And Distilleries Limited filed a civil suit against M.P.Beer Products Private Limited, seeking permanent injunctions, damages, and accounts of profits for infringement of its registered trademarks, designs, and copyright related to beer bottles. The plaintiffs alleged that the defendant was passing off their products as those of Mohan Breweries. However, due to the plaintiff's failure to prosecute the case effectively before the court, the Madras High Court dismissed the suit.

patent plaintiff favorable · Jan 20, 2023

Allergan Inc v.The Controller Of Patents

Delhi High Court · C.A.(COMM.IPD-PAT) 22/2021

Allergan Inc appealed an order by the Controller of Patents that rejected its claims for 'INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS' based on Section 3(i) of the Patents Act, 1970. The High Court held that since the amendment was sought at a pre-grant stage and merely related to the same implants, the Controller ought to have allowed the amendments and examined them on merits.

patent plaintiff favorable · Jan 20, 2023

Surya Food & Agro Ltd v.Om Traders & Anr.

Delhi High Court · 2023/DHC/000494

The Delhi High Court allowed the appeal filed by Surya Food & Agro Ltd against a single judge's dismissal of its infringement suit. The court overturned the previous ruling, finding that the lower court had erred in basing its decision on recollections of facts not present in the record. This sets the case back for trial, allowing the appellant to prove claims related to copyright and passing off concerning their 'Butter Delite' packaging versus the respondent's 'Butter Crunch'.

patent interim order · Jan 19, 2023

Novartis Ag v.Natco Pharma Limited & Anr.

Delhi High Court - Orders · LPA 50/2023

Novartis Ag appealed against an order that set aside a patent grant (IN'414518) on the ground of procedural lapses. Novartis argued that the Single Judge misinterpreted Rule 55, which pertains only to pre-grant opposition procedures, not application examination under Sections 13, 14, and 15 of the Patents Act, 1970. The Court found issues regarding the merging of proceedings and directed notice to be issued.

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