India Patent Cases
2,847 decisions indexed
Page 52 of 95 · 2,847 total
Wyeth v.Controller General Of Patents And Designs and Anr.
The 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 matter on March 6, 2023.
Otsuka Pharmaceutical Co Ltd v.The Controller General Of Patent Design and Trademarks And Anr
This case involves Otsuka Pharmaceutical Co Ltd appealing against a decision that was previously handled by the Intellectual Property Appellate Board (IPAB). Following the enactment of the Tribunals Reform Act, 2021, the matter was transferred to the Calcutta High Court. The court directed its Commercial Appellate Division to issue necessary notices and file a report before setting the next hearing date.
Aroa Biosurgery Limited v.Controller General of Patents, Designs and Trademarks and Anr.
Aroa Biosurgery Limited approached the Calcutta High Court regarding a matter transferred from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court noted that no parties appeared on the date and directed its Commercial Appellate Division to issue necessary notices to both sides prior to the returnable date. This procedural order sets the stage for further hearing in the High Court.
Viacyte Inc. v.Controller General Of Patents, Designs and Trademarks And Anr
This case involves Viacyte Inc. challenging a decision or proceeding before the Controller General of Patents. The matter was transferred to the Calcutta High Court from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued directions for the Commercial Appellate Division to issue notices and file a report, setting the next hearing date.
Pharma Mar S A v.The Assistant Controller Of Patents And Designs
This opposition 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 the Commercial Appellate Division to issue notices and file a report before setting the next hearing date.
Indian Institute Of Science (Oa ...) v.The Asst. Controller Of Patents And Designs
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 setting the matter for further hearing.
Meda Pharmaceuticals Inc v.Asst Controller Of Patents And Designs
This 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 setting the next hearing date.
Binyarco Llc v.The Controller Patents And Designs And Ors.
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 the Commercial Appellate Division to issue notices and file a report before setting the next hearing date.
Glaxosmithkline Biologicals Sa v.Controller General Of Patents And Designs And Anr
The High Court at Calcutta received the matter (OA/9/2017/PT/KOL) concerning Glaxosmithkline Biologicals Sa vs Controller General of Patents and Designs from the IPAB following the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter for further hearing.
Sasol Technology (Pty.) Limited v.Controller General Of Patents, Designs And Trademarks and Anr.
This judgment records the transfer of a patent appeal matter (OA/8/2018/PT/KOL) from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court, following the implementation of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue necessary notices to both parties and file a report before setting the next hearing date.
Impact Selector International Llc v.Controller Of Patents
Impact Selector International Llc appealed the rejection of its patent application for 'Field Adjustable Impact JAR' by the Controller of Patents. The appellant argued that the rejection order was cryptic and failed to address detailed submissions distinguishing the invention from prior art. The Delhi High Court agreed, emphasizing that the Patent Office must pass a reasoned or 'speaking' order when rejecting an application based on lack of inventive step. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration by another officer.
Nripendra Kashyap (Constituted Attorney of Huawei Device Co. Ltd.) v.Assistant Controller of Patents and Designs
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 setting the next hearing date.
Base Sf v.The Deputy Controller of Patents and Designs
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 setting the next appearance date.
Array Biopharma Inc v.Controller General Of Patents, Designs And Trademarks and Anr
This case involves Array Biopharma Inc challenging a patent matter before the Calcutta High Court. The proceedings were transferred from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before setting the next hearing date.
Chemocentryx, Inc v.Controller General of Patents, Designs and Trademarks and Anr.
This case involves Chemocentryx, Inc challenging proceedings before the Controller General of Patents. The matter was transferred to the Calcutta High Court's Commercial Appellate Division following the enactment of the Tribunals Reform Act, 2021. The court directed that notices be issued to both parties and a report filed prior to the returnable date, setting the next hearing for March 6, 2023.
Samsung Electronics Co Ltd v.The Controller General of Patents and Designs and Anr
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 and file a report before setting the next hearing date.
FLOW INTERNATIONAL CORPORATION v.The Controller General of Patents, Designs and Trade Marks
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 setting the matter for hearing.
Honeywell International Inc. v.The Controller General Of Patents, Designs And Trademarks and Anr.
Honeywell International Inc. filed an appeal challenging the decision of the Joint Controller of Patents and Designs, which had declined its patent application under Section 3(k) of the Patents Act, 1970. The appellant argued that the decline order was non-reasoned and inconsistent with previous judicial decisions. The Delhi High Court issued directions to both parties to file detailed submissions, brief notes, and relevant documentation before proceeding with the appeal.
Bristol Myers Squibb Holdings & Ors. v.Emcure Pharmaceuticals Limited
The petitioner (Bristol Myers Squibb) filed an application seeking correction of clerical and typographical errors in a previous order concerning its US patent infringement suit against Apotex Inc. Separately, the court allowed the respondent (Emcure Pharmaceuticals) to file its written statement after condoning the delay.
Alfred Von Schukmann v.The Controller General Of Patents, Designs And Trademarks
Alfred Von Schukmann appealed the rejection of his patent application, titled 'Step-Action Indexing Mechanism,' which was denied by the Patent Office on grounds of lacking inventive step. The appellant argued that the Patent Office's order was cryptic and failed to address detailed submissions distinguishing the invention from prior art. The Delhi High Court agreed, emphasizing that a reasoned decision is mandatory when rejecting an application under Section 2(1)(ja) of the Patents Act. Consequently, the court set aside the rejection and remanded the matter for fresh consideration by a different officer.
Natco Pharma Limited v.Assistant Controller Of Patents & Designs Anr.
Natco Pharma challenged the Assistant Controller's order granting a patent to Novartis for pharmaceutical compositions, arguing that the order was passed with procedural irregularities and violated principles of natural justice. The court held that the writ petition was maintainable and quashed the impugned order, remanding the application back to the Controller for fresh consideration based on due process.
Kabushiki Kaisha Toshiba v.Asstt. Controller Of Patents And Designs
Toshiba appealed the Assistant Controller's decision to reject its process patent application (No. 5817/DELNP/2013). The High Court found the original rejection order completely unreasoned and unsustainable in law. Consequently, the court quashed the impugned order and remanded the application for a fresh decision.
Wockhardt Limited v.Zymes Bioscience Private Limited & Anr.
Wockhardt Limited filed a suit alleging that Zymes Bioscience Private Limited infringed its Indian Patent No. IN 318858, which covers the formulation of a new generation antibiotic combination (2 grams cefepime and 2 grams tazobactam). The court registered the plaint and granted an interim injunction restraining the defendants from manufacturing or marketing products containing this specific combination.
Novartis Ag & Anr. v.Natco Pharma Limited
Novartis, the patent holder of IN 276026 covering novel pyrimidine compounds including Ceritinib, alleged that Natco Pharma Limited was infringing the patent by manufacturing and selling Ceritinib under its brand NOXALK. The court found that Natco had infringed the valid suit patent.
Zephyr Biomedicals v.Lalit Mahajan And Anr
Zephyr Biomedicals filed a post-grant opposition against Patent No. 224469. The court addressed procedural issues regarding the patentee's non-response and the subsequent service of notice after the abolition of the IPAB, allowing the patentee to file a reply.
The Managing Director and Appellate Authority, Tasmac v.M.Loganathan
Tasmac appealed an interim order from the Single Judge, which directed them to provide certain commercially sensitive information regarding liquor purchasing rates in a sealed cover. Tasmac argued that this information constituted trade secrets protected under Section 8(1)(d) of the RTI Act, 2005. The High Court dismissed the appeal.
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Designs
Microsoft Technology Licensing, Llc appealed a decision by the Assistant Controller of Patents and Designs that refused its application for patent (No. 3304/DEL/2005). The refusal was based on Section 3(k) of the Patents Act, 1970, which prohibits patents for computer programs. Microsoft argued that the reliance on outdated guidelines was incorrect and cited prior court views supporting patentability.
Perkinelmer Health Sciences Inc And Ors v.Controller Of Patents
The appeal challenged an order refusing a patent application under Section 15 of the Patents Act, 1970, based on Section 3(f). The Appellant argued that the objection was raised for the first time at the hearing stage without prior notice, violating natural justice. The Court agreed, finding that the Respondent violated procedural fairness by not communicating all objections in advance.
N.V. Satheesh Madhav And Anr v.Deputy Controller Of Patents And Designs
The appeal challenged the Deputy Controller's refusal to grant a patent for an invention related to a bio-bed and method for growing Vigna radiata plants. The initial objections included lack of inventive step, non-patentable subject matter (Section 3(h)), and clarity issues. Although some objections were dropped, the final refusal was based on Section 2(1)(ja) and Section 3(d).
Nippon Steel Corporation v.Controller General Of Patents, Designs And Trademarks and Anr
Nippon Steel Corporation appealed the rejection of its patent application (No. 8620/DELNP/2012) by the Controller General of Patents, Designs and Trademarks. The original rejection was based on Section 3(d) of the Patents Act, 1970, arguing that the claimed method for repairing a gas flue inside was merely standard operation or part of an operational manual. Nippon Steel contended that its claims disclosed several unique technical steps ignored by the Examiner. The Delhi High Court issued directions for both parties to file detailed submissions and supporting documents before proceeding with the appeal.
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