India Patent Cases
4,815 decisions indexed
Page 56 of 161 · 4,815 total
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
Kudos Pharmaceuticals, the registered proprietor of Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, which was supported by an interlocutory injunction application.
Sicpa Holding Sa v.The Controller of Patents
Sicpa Holding Sa appealed the rejection of its patent application for 'Inline Spectroscopic Reader and Methods' by the Controller of Patents, which cited a lack of inventive step. The High Court found that the Controller had not adequately considered the detailed explanations provided by the appellant in response to the objections raised on prior art. Consequently, the appeal was allowed, and the matter was remanded for fresh consideration.
M/S Lavos Performance v.M/S Yashram Lifestyle Brands Pvt Ltd.
The petitioner challenged an order by the Trial Court that dismissed its application to stay proceedings in an infringement suit, arguing that a revocation petition against the respondent's patent was pending before the competent authority. The Karnataka High Court ruled that while evidence relating to alleged infringement could be recorded, the final arguments on the merits of the suit must wait until the outcome of the patent revocation application.
Qualcomm Incorporated v.The Controller of Patents
Qualcomm appealed an order from the Patent Controller rejecting its invention titled 'ENHANCED BLOCK-REQUEST STREAMING SYSTEM FOR HANDLING LOW-LATENCY STREAMING'. The appeal argued that the Controller failed to adequately consider the appellant's written submissions and did not correctly assess the novelty and inventive step against prior art. The High Court allowed the appeal and remanded the matter for fresh consideration.
W.R.Grace & Co.-Conn. v.The Controller of Patents
W.R.Grace & Co.-Conn appealed an order from the Controller of Patents rejecting its application for a patent on a propylene impact copolymer and method. The appellant argued that the rejection was flawed because the Controller failed to consider their written submissions and amendments made in response to prior art objections. The Madras High Court allowed the appeal, finding procedural lapses, and remanded the matter for fresh consideration.
Audertec Solutions Llp v.Controller General Of Patents, Designs And Trade Marks & Anr.
Audertec Solutions LLP appealed the rejection of its patent application concerning 'a method and system for detecting road anomalies.' The Controller rejected the application, primarily citing a lack of inventive step compared to prior art D-2. The Delhi High Court was tasked with determining if the distinguishing features of the invention would be obvious to a person skilled in the art based on the disclosures in D-2. Ultimately, the court found no reason to differ from the Assistant Controller's decision.
Omega SA v.The Controller of Patents & Design, Government of India
Omega SA appealed the rejection of its patent application concerning a ceramic element inlaid with metallic decoration, which was rejected by the Controller on grounds of lacking inventive step. The High Court found that the Controller failed to apply his mind properly to the issue and equated the hyper-precision technology to ordinary laser etching. Consequently, the court set aside the rejection order and remanded the matter for fresh consideration.
Mukesh Kumar Vidyarthi v.Controller Of Patents New Delhi & Anr.
The appeal challenged the Deputy Controller's order rejecting the appellant's patent application for 'Charge Recirculation Air Intake Main Ford (CRAIM)' on grounds of lack of novelty and inventive step. The Court, after considering submissions from both parties and an Assistant Controller, allowed the appeal.
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
Kudos Pharmaceuticals Limited, the registered proprietor of Indian Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, and subsequently an interlocutory injunction.
Alpha Werke Alwin Lehner Gmbh And Co Kg v.Ssf Plastics India Private Limited & Anr
Alpha Werke Alwin Lehner Gmbh And Co Kg appealed the rejection of its patent application (No. 10851/DELNP/2014) by the Assistant Controller of Patents and Designs. The rejection was based on insufficient disclosure and lack of inventive step, as also in the context of a pre-grant opposition.
Su Kam Power Systems Limited v.Kunwer Sachdev & Anr. Kantaloop Communications & Anr.
The Delhi High Court addressed multiple rectification petitions concerning the 'Su-Kam' trademark, pitting Su Kam Power Systems Limited against Kunwer Sachdev. The court noted that while the petitioner company holds a key registration, the defendant claims original conceptualization of the mark. Given the complex history involving insolvency and prior civil judgments, the court has directed both parties to file detailed notes and encouraged them to explore amicable resolution through mediation before listing the matter again.
Wb Innovations Limited v.Assistant Controller Of Patents And Designs
The appeal challenged an order refusing patent application No. 2293/DELNP/2011, which cited issues regarding lack of single inventive concept and incomplete specification. The Delhi High Court found that the refusal reasoning did not meet legal requirements and allowed the appeal.
Maj. Pankaj Rai v.M/S Niit Ltd.
Maj. Pankaj Rai challenged an Arbitral Award dated 19.10.2023, which rejected his claims against M/S Niit Ltd. The dispute arose from a License Agreement (dated 30.12.2015) allowing the petitioner to set up an education center using NIIT's intellectual property. The High Court dismissed the petition, upholding the Arbitral Award.
Fintie Llc Through Mr.Nai Chu Cheng v.Vivekananda Chintapalli Of Flat 5 & The Registrar of Trade Marks
The Madras High Court allowed Fintie LLC's petition seeking the cancellation of a conflicting trademark registration. The court found that the respondent had registered the identical word mark 'FINTIE,' relying on the petitioner's established goodwill and prior use in other jurisdictions. Given the clear identity of the marks, the court ruled it inappropriate for the respondent's mark to remain on the register.
Hatsun Agro Product Ltd. v.V.Nataraja trading as M/s.Nataraja Traders
The Madras High Court ruled in favor of Hatsun Agro Product Ltd., directing the cancellation of a deceptively similar trademark registered by V.Nataraja Traders. The court found that the respondent's mark was strikingly and confusingly similar to the petitioner's established 'ArokyA' brand, despite minor differences or added devices. This decision reinforces the principle that similarity in appearance, color scheme, and overall impression can lead to trademark cancellation, even if the infringing party attempts slight modifications.
Sk Bioscience Co Ltd v.Assistant Controller Of Patents And Designs
Sk Bioscience Co Ltd appealed the order dated October 31, 2023, issued by the Assistant Controller of Patents and Designs. The Impugned Order rejected the Appellant's patent application (No. 77/DELNP/2015) under Section 2(1)(j) and Section 3(e) of the Patents Act, 1970. The court disposed of applications related to condonation of delay and exemption from filing documents while allowing the respondent to file a reply.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals appealed a rejection order issued by the Assistant Controller of Patents. The appeal challenged the refusal, which cited claims that were not part of the final application submission. The High Court found the impugned order to be unreasoned and procedurally flawed.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents and Designs, Government of India
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 1783/CHENP/2012) by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order did not properly assess non-obviousness, failing to apply established legal principles regarding inventive step analysis. The High Court allowed the appeal, setting aside the impugned order.
Galaxy Packtech Private Limited v.Ashok Chaturvedi & Anr.
The petition seeks revocation of patent No. 282428 under Section 64 of the Patents Act, 1970. The Petitioner contends that they are an aggrieved person and that the Patent Office overlooked relevant prior art disclosures regarding the patented invention.
Ynsect v.The Controller Of Patents
Ynsect appealed the Controller of Patents' rejection of its patent application concerning a method for treating insects. The High Court found that the Controller failed to adequately analyze the differences between the subject invention and the cited prior art, particularly regarding higher protein content and lower fat content. Consequently, the appeal was allowed and the matter was remanded back to the Controller for fresh consideration.
Calm Water Therapeutics Llc v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of its divisional patent application (No. 201918017795), which was rejected on grounds including conflict with the parent application and non-compliance with various sections of the Patents Act, 1970. The Delhi High Court found that the Assistant Controller evaluated the application based on claims that had been waived by the appellant, leading to inconsistencies in the refusal order.
Adama India Private Limited v.FMC Corporation & Anr.
This order addresses multiple suits filed in the Delhi High Court concerning patent infringement. Adama India Private Limited has sought a declaration that its CTPR manufacturing process does not infringe FMC Corporation's patent (IN 298645), while FMC Corporation seeks permanent injunction against Adama India for infringement.
Manking Pharma Limited v.Micro Labs Limited
The Madras High Court dismissed the petition filed by Manking Pharma Limited seeking the removal of the trademark 'DOLOBENE' from the register. The court noted that the petitioner failed to appear for the hearing on two consecutive occasions, leading to the dismissal of the original petition for default.
Apex Laboratories Pvt. Ltd. v.Zenon Healthcare Limited
Apex Laboratories Pvt. Ltd. filed a civil suit against Zenon Healthcare Limited and Krishnam Bio-Tech alleging trademark and copyright infringement related to its product ZINCOVIT. The plaintiff sought permanent injunctions against the use of deceptively similar marks like ZINOZVIT, as well as relief for passing off and unauthorized reproduction of artistic works. Both parties ultimately resolved their dispute amicably through a Joint Memorandum of Compromise.
Victaulic Company v.Asst. Controller of Patents and Designs, Government of India
Victaulic Company appealed the rejection of its patent application for a 'Mechanical Pipe Coupling having Spacers' on the grounds that it lacked inventive steps. The appellant argued that its invention, featuring a collapsible spacer, provided an advantage not present in the cited prior art (D1 and D2).
Duke University v.Deputy Controller of Patents & Design
Duke University appealed the rejection of its patent application for 'LASOFOXIFENE TREATMENT OF ER+ BREAST CANCER' by the Deputy Controller. The Controller rejected the application, citing prior art and statutory objections (Sec. 2(1)(ja) and Sec. 3(i)), without permitting the appellant to amend its claims as requested.
Kewal Krishan Bansal Propreitor Of Ms Vee Pee Bansal And Company v.Puneet Chhabra Propreitor Of Rama Wire Industries
The Delhi High Court dismissed the defendant's application to vacate an interim injunction granted in a trademark and passing off suit. The court found that the plaintiff's prior registration history, spanning from 1979, coupled with their copyright registration, strongly supported the initial finding of infringement. The judge noted the suspicious timing of the defendant's attempts to register identical marks after the plaintiff's mark was temporarily removed from the registry due to non-renewal, buttressing the decision to maintain the injunction.
Vertex Pharmaceuticals Incorporated v.Controller General Of Patents, Design, Trademark and Geographical Indications & Ors.
Vertex Pharmaceuticals Incorporated filed a petition challenging a notice issued regarding a pre-grant opposition filed by respondent no. 3 against its Indian Patent Application. Vertex claims that the opposition could not have been filed after the Controller had already decided to proceed with the grant of the patent.
Magnum Eco Tech. Partner v.Controller General of Patents, Designs & Trademarks
Magnum Eco Tech. Partner filed an Appeal before the Madras High Court seeking to reverse a prior order by the Controller General of Patents regarding patent application 201841047838 and grant the patent in their favor. The petition also included a request for condonation of delay. However, the court noted that attempts to serve the Registry notice on the petitioner failed as the petitioner was not present at the given address. Consequently, the Court closed the appeal/petition.
Saint Gobain Abrasives Inc v.Controller Of Patents
The appellant challenged the Assistant Controller's order rejecting their patent application, which cited three pieces of prior art (D1, D2, D3) as making the invention obvious. The court found that the impugned order failed to provide a useful analysis of how the combination of prior arts led to the conclusion of obviousness. Furthermore, the court noted the rejection of amendments lacked proper discussion.
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