India Patent Cases
4,815 decisions indexed
Page 54 of 161 · 4,815 total
Ashok Leyland Limited v.The Controller of Patents & Designs
Ashok Leyland Limited challenged the recommendations of the Patent Opposition Board (OBR) regarding its patent IN387429, arguing that the OBR failed to consider the expert evidence submitted by both parties. The petitioner sought quashing of the OBR and reconstitution of a fresh board. The High Court dismissed the petition, holding that the OBR is merely recommendatory and the Controller retains the independent duty to assess its merit.
E.R.Squibb & Sons Llc v.Union of India
International pharmaceutical companies (Petitioners) challenged the recommendations of the Opposition Board regarding their granted patent. They argued that the Board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by them under Rule 60, due to inaction by the Patent Controller.
Pfizer Inc. v.Incepta Pharmaceuticals Limited
The court confirmed an ex-parte ad-interim injunction granted earlier, restricting defendants from dealing in infringing products related to Patents No. 243571 and 250050, as other patents had expired. The court also directed service of notice for discovery regarding the origin and import of impugned products and allowed amendments to the plaint.
E.R.Squibb & Sons Llc and Ono Pharmaceutical Co. Ltd. v.Union of India, The Controller of Patents & Designs, Zydus Healthcare Limited
The petitioners, international pharmaceutical companies, challenged the recommendations of the Opposition Board regarding their granted patent (IN340060). They argued that the board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by the petitioners. The court found that the Controller's failure to pass orders on procedural applications led to an incomplete scrutiny, thus vitiating the recommendations.
Ashok Leyland Limited v.The Controller of Patents & Designs
Ashok Leyland Limited challenged the recommendations of the Patent Opposition Board (OBR) regarding its patent IN387429, alleging that the OBR failed to consider the expert evidence submitted by both parties. The petitioner sought quashing of the OBR and reconstitution of a fresh Opposition Board. The Court dismissed the petition, holding that the OBR is merely recommendatory and the Controller retains the duty to make an independent decision.
Suzuki Motor Corporation v.Controller General Of Patents, Designs and Trademarks And Anr
Suzuki Motor Corporation appealed regarding objections related to their patent claims. The Court noted that while there is no specific provision for re-consideration, amendments might be allowed if errors relate to translation/transliteration. The Court subsequently directed the Appellant to file an application under Section 57 of the Patents Act to amend their modified claims.
Baxalta Incorporated v.The Controller Of Patents
Baxalta Incorporated appealed a decision by the Assistant Controller of Patents which refused their application for "FACTOR VIII POLYMER CONJUGATES" due to lack of novelty and inventive steps in product claims. The appellant sought leave to submit an auxiliary claim set restricting the scope to method claims. The High Court allowed this submission, setting aside the impugned order and remanding the matter for fresh consideration.
M/S Imberatek Llc v.Apple Inc & Anr.
M/S Imberatek Llc filed a commercial suit alleging patent infringement against Apple Inc. Initially, the plaintiff sought to withdraw the suit to explore mediation, and the court allowed it with a refund of court fees. However, subsequent consideration found that since no urgent interim relief was sought, the plaintiff could not circumvent the mandatory requirement of pre-litigation mediation under Section 12A of the Commercial Courts Act, leading to the final dismissal of the suit.
Voicemonk Inc v.Controller General of Patents, Designs & Trade Marks
Voicemonk Inc appealed the rejection of its patent application for a system and method related to content recommendation using Augmented Reality. The Controller had raised objections regarding lack of clarity, subject matter eligibility (Section 3(k)), and novelty/inventiveness (Sections 2(1)(j) and 10(4)).
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
The plaintiff filed a suit claiming infringement of Patent 369150, which covers a novel process for extracting Alpha Yohimbine. The plaintiff sought an interim injunction to stop the defendants from using or manufacturing the subject compound. However, the court noted evidence presented by the defendants showing they were already manufacturing the compound through a similar process prior to the patent application date.
Saera Electric Auto Limited v.Malak Techno Private Limited
Saera Electric Auto Limited successfully resolved its trademark infringement suit against Malak Techno Private Limited through mediation. The parties entered into a comprehensive settlement agreement, which the Delhi High Court subsequently decreed. Under the terms, Malak Techno agreed to cease all use of the impugned mark 'MAYUR' and any deceptively similar variations, acknowledge Saera as the sole owner of the 'MAYURI' trademarks and copyright in its logo, and pay damages totaling Rs. 2,50,000/-.
Sunil Dutt Trading As Kilter v.Pro Muscle Science & Anr.
The Delhi High Court addressed the dispute between Kilter (owner of 'MUSCLE SCIENCE') and Pro Muscle Science regarding trademark infringement in the dietary supplement market. The court found that the Defendants' use of marks like 'PRO MUSCLE SCIENCE' was highly likely to cause consumer confusion, as the Plaintiff's registered mark is entirely incorporated into the competing names. Consequently, the existing interim injunction favoring the Plaintiff was confirmed. While the matter proceeds toward mediation, the ruling strongly affirms the protection afforded to established trademarks against similar competitors.
Sequoia Capital Operations Llc & Ors v.John Doe And Others
In this trademark infringement suit, the Delhi High Court addressed an application seeking to involve WhatsApp LLC in the proceedings. The court allowed WhatsApp's impleadment and issued specific directions requiring the platform to remove or block identified infringing groups and accounts associated with Sequoia Capital's trademarks. Crucially, while ordering the removal of known infringers, the court also mandated that Plaintiffs must first notify account holders before any further blocking action is taken, balancing enforcement needs with due process concerns.
GenSquare LLC v.The Assistant Controller of Patents & Design, Patent Office
GenSquare LLC appealed the Assistant Controller's order refusing its divisional patent application. The refusal was primarily based on the ground that the divisional claims did not flow from the original parent application. The Madras High Court allowed the appeal, finding that the Controller's reliance on an overruled judgment was flawed.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents
Ab Initio Technology Llc appealed against an order rejecting its patent application. The core dispute revolves around whether the claimed method for data processing qualifies as an invention despite being classified as a computer program per se under Section 3(k) of the Patents Act, 1970.
Niranjan Arvind Gosavi And Ors v.Innovatiview India Private Limited
The plaintiffs filed a commercial suit alleging that the defendant infringed their patent (No. 336205) related to secure document validation methods by bidding for an NTA e-tender requiring enhanced QR Code solutions. The court refused to grant an ad-interim injunction, considering the impact on the tendering process, but directed the defendant to maintain full accounts if they succeed in the tender.
Bayer Pharm Aktiengesellschaft v.The Controller General Of Patents And Designs
Bayer appealed the refusal of its patent application (No. 5818/DELNP/2006), which was rejected on grounds that the composition did not meet criteria under Sections 3(e) and 3(i) of the Patents Act, 1970. The High Court found that the Controller failed to adhere to principles of natural justice by not clearly communicating all objections in the hearing notice, and ruled that the claimed composition was patentable.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The Plaintiffs (F- Hoffmann -La Roche Ag) filed an application seeking the constitution of a Confidentiality Club. The Defendant (Zydus Lifesciences Limited) argued that access should be contingent upon preliminary findings regarding the identity of the biosimilar to the innovator drug. The Court directed both parties to submit their proposed members for the confidentiality club.
Novartis Ag & Anr. v.Medisave Formulations India Llp
The Delhi High Court granted interim relief in the trademark infringement suit filed by Novartis against Medisave Formulations. Recognizing the urgent nature of the case, the court exempted the plaintiffs from standard procedural requirements like advance service and pre-institution mediation. Crucially, the court appointed a Local Commissioner to conduct a search at the defendant's premises, seize infringing products bearing the mark 'ZYMADA', and inspect relevant financial documents, finding prima facie evidence of deceptive similarity between the marks and packaging.
PepsiCo, Inc. v.Majji Suresh
PepsiCo successfully petitioned the Madras High Court to strike off a confusingly similar trademark, 'PEPPS,' registered by Majji Suresh. The court found that the mark PEPPS bears striking phonetic and visual resemblance to PepsiCo's globally recognized mark, PEPSI. Given PepsiCo's established reputation and well-known status of its brand, the court allowed the petition, directing the cancellation of the infringing registration.
Alpha Foundation for Education and Research v.Akara Education Private Limited
The Madras High Court allowed multiple appeals filed by Alpha Foundation against the Assistant Registrar's decision to treat their opposition as abandoned. The court ruled that the failure of the Registrar to provide proof of service of the counter statement was fatal, overriding procedural delays in filing evidence. Consequently, the opposition has been restored, and the challenged trademark registrations have been held in abeyance pending a full hearing on the merits.
Crystal Crop Protection Limited v.Safex Chemicals India Limited & Ors
The Plaintiff alleges that the Defendants' product composition infringes on their patented weedicidal formulation, which includes a specific blend of chemicals. The case involves determining whether the Defendants' product violates the claims of the Plaintiff's patent.
Hygieia, Inc. v.Assistant Controller of Patents and Designs, Government of India
Hygieia appealed the rejection of its patent application (No. 10225/CHENP/2013) by the Assistant Controller of Patents and Designs. The rejection was based on various grounds, including Section 59, which alleged that the amended claims exceeded the original specification. The Madras High Court allowed the appeal, emphasizing that a patent specification must be read as a whole.
Levi Strauss & Company v.Inder Mohan Chadha
Levi Strauss & Company filed a suit against Inder Mohan Chadha for infringement of its well-known trademarks, including 'Levi's' and the Two Horse logo. The plaintiff alleged that the defendant was clandestinely stocking, distributing, and selling apparels bearing falsified marks identical or deceptively similar to those registered by Levi Strauss & Company.
Eli Lilly And Company Private Limited v.Eskayef Pharmaceuticals Limited
Plaintiffs, Eli Lilly And Company, filed a suit alleging infringement of their Indian Patent No. IN 297760 (covering Abemaciclib) by the Impugned Drug 'Abeclib', manufactured by Defendant No. 1. The court prima facie found that 'Abeclib' infringes the patent and granted an interim injunction.
Business Objects Software Limited v.The Controller of Patents
Business Objects Software Limited appealed an order by The Controller of Patents rejecting its invention, titled 'Transparent Distribution and Module Decoupling Through Asynchronous Communication and Scopes', under Section 2(1)(j) of the Patent Act. The High Court found that the Controller's order lacked quality and failed to consider the appellant's amended claims during the hearing.
Wyeth Llc v.The Controllers Of Patents
Wyeth LLC appealed an impugned order regarding its patent application. The core dispute revolves around amendments made by the appellant from a PCT application (claiming a 'regimen') to subsequent national phase applications (claiming a 'combination' and 'pharmaceutical pack'). Wyeth argues these amendments were within the scope of Section 59 of the Patents Act, 1970.
Nababuddin Ahmed v.The Registrar Of Trademarks Kolkata And Anr
The Calcutta High Court ruled in favor of Nababuddin Ahmed, setting aside the unauthorized removal of his registered trademark. The court held that merely uploading a notice on an official website does not constitute valid service under Section 25 of the Trade Marks Act, 1999. Since the petitioner was not given individual notice and opportunity to rectify defects, the administrative action taken by the Registrar was deemed vitiated.
Pfizer Inc. v.Beacon Pharmaceuticals Limited
The case involves a patent infringement dispute where Pfizer Inc. claims that Beacon Pharmaceuticals has infringed on their patents. An ex-parte ad-interim injunction was granted in favor of the Plaintiffs regarding the subsisting patents.
Diageo North America, Inc v.Venkateshwara Winery & Distillary Pvt. Ltd.
Diageo North America filed a petition seeking rectification (cancellation) of the trademark 'BULLET MALTED WHISKY' registered by Venkateshwara Winery & Distillary Pvt. Ltd., alleging that it is deceptively similar to Diageo's well-known mark 'BULLEIT'. The court allowed the petition, finding that the petitioner had established a case for cancellation.
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