India Patent Cases
2,823 decisions indexed
Page 52 of 95 · 2,823 total
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.
Kalki Industries v.Commissioner of Central Excise, Mumbai-V
Kalki Industries appealed against an excise order demanding duty, interest, and penalty based on alleged evasion of central excise duty by wrongly availing SSI exemption. The core issue was whether the appellant, having acquired the rights to the 'KALKI' trade mark, was entitled to the benefit of SSI exemption.
Ds Intellectual Properties Llp & Anr v.Abhinav Singh & Ors
The Delhi High Court granted an ex parte ad interim injunction in favor of Ds Intellectual Properties Llp & Anr against Abhinav Singh & Ors. The plaintiffs alleged that the defendants were operating a fraudulent website using the 'Rajnigandha' trademark and DS Group trademarks to lure the public into fake distributorship schemes, while also infringing on copyright by copying the label layout. The court found a prima facie case was made out, leading to immediate restraining orders against the use of the marks and domain name, along with directives to suspend the domain and freeze associated bank accounts.
Takeda Pharmaceutical Co Ltd v.Controller of Patents and Designs And Anr.
This 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 department to correct its records and instructed the Commercial Appellate Division to issue necessary notices.
Samsung India Electronics Co Ltd v.The Controller 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 the department to correct its records and instructed the Commercial Appellate Division to issue necessary notices before setting a returnable date.
Societe Des Produits Nestle Sa v.The Controller Of Patents And Design & Anr.
Nestle appealed a rejection order issued by the Controller of Patents and Design regarding its patent application for a composition comprising DGLA. The initial objection was related to Section 3(i) of the Patents Act, 1970, which Nestle addressed by amending the claims. However, the subsequent amendment was rejected under Section 59 on grounds of expanding the original claim scope.
Smt. Manju Pathak v.M/S Shree Agro Foods
The plaintiff, a scientist, holds Patent No. 23606 for a process of developing Blood Sugar Regulating Products from germinated soybean seeds. She sued M/S Shree Agro Foods alleging that their product, NAVAVITA SPROUTED SOYA FLOUR, infringed her patent. The court found the defendant liable and granted permanent injunction but declined damages due to lack of evidence.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed against the Assistant Controller's order rejecting its patent application (No. 201611000234) on grounds of ineligibility under Section 3(k). The appellant argued that the invention was a technical advancement with practical implementation and should be granted a patent.
Merck Sharp And Dohme Corp & Anr. v.Yms Laboratories Private Limited
The commercial suit filed by Merck Sharp And Dohme Corp against Yms Laboratories Private Limited for Patent Infringement concerning Sitagliptin was settled mutually. The court decreed the suit in terms of this settlement agreement, which included the Defendant acknowledging the patent's validity and agreeing to cease all infringing activities.
The General Hospital Corporation And Anr. v.The Controller of Patents And Designs And Anr.
The General Hospital Corporation appealed against an order passed by the Controller of Patents and Designs under Section 15 of The Patents Act, 1970, which dismissed their patent application. By consent of both parties, the Calcutta High Court set aside the impugned order.
Art Screw Co., Ltd. v.The Assistant Controller Of Patents And Designs
Art Screw Co., Ltd. appealed a decision by the Assistant Controller denying its patent application for 'Fastener and Fastening Structure' on grounds of lack of inventive step over prior art. The High Court found that the original order lacked proper reasoning and comprehension, leading to the setting aside of the impugned order.
Novartis Ag v.Zydus Healthcare Limited
Novartis initiated a suit against Zydus Healthcare Limited alleging imminent threat to its commercial interests concerning the patented combination drug Sacubitril and Valsartan. The defendants filed an application seeking rejection of the plaint, arguing that the cause of action was illusory or based on misstatements. However, the Delhi High Court dismissed the application, holding that the court must decide such applications solely based on the allegations made in the plaint, without considering the defenses raised by the respondents.
Sonya Kapur v.Controller General Of Patent, Designs And Trademark and Ors
Sonya Kapur challenged the grant of Patent No. 363697 by the Patent Office, arguing that the pre-grant opposition filed by her was ignored. The court quashed the impugned order and remanded the patent application to the Patent Office for re-consideration, ensuring the petitioner's opposition is taken into account.
Suresh Mishra Trading As Sanskriti Yuva Sansthan Society v.Registrar Of Trade Marks, Government Of India
Suresh Mishra filed a writ petition seeking an expedited disposal of his pending trademark application, 'Bharat Gaurav,' which had been awaiting consideration since October 2006. The Rajasthan High Court addressed the petitioner's limited prayer by issuing a directive to the Registrar of Trademarks. The court mandated that the Registrar must decide the long-pending application within a period of four months from the date of receiving the order, thereby providing relief against administrative delay.
Torrent Pharma Limited v.Controller General Of Patents
Torrent Pharma Limited appealed a refusal order issued by the Assistance Controller of Patents regarding its patent application for 'Use of a Thiazolo Pyrimidinone for the Treatment of Inflammatory Bowel Disease'. The refusal was based on lack of inventive step and falling under Sections 3(d) and 3(e) of the Act. The court released the matter from part heard due to heavy board load.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs. Ultimately, both parties reached an amicable resolution and entered into a Memorandum of Compromise.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs used on packaging. Ultimately, both parties reached an out-of-court settlement.
Centrient Pharmaceuticals Netherlands B.V. v.Dalas Biotech Limited
The dispute involves a claim of infringement regarding a process patent for manufacturing Amoxicillin Trihydrate. The Plaintiffs sought to implead the Drug Controller General of India, arguing the Defendant failed to prove their process was different from the patented process. The Defendant countered that the Plaintiff was exceeding the scope and had not demonstrated product identity.
Akums Drugs Pharmaceuticals Limited v.Ferring B.V.
Akums Drugs Pharmaceuticals Limited filed a suit seeking a declaration that its pharmaceutical composition does not infringe Patent IN 387567 held by Ferring B.V. The defendant raised a preliminary objection regarding the non-compliance with pre-institution requirements under Section 105 of the Patents Act, 1970. The court allowed the plaint to be registered as a suit and directed the issuance of summons.
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