India Patent Cases
2,847 decisions indexed
Page 57 of 95 · 2,847 total
Telefonaktiebolaget Lm Ericsson (Pub) v.Gionee Communication Equipment Co Ltd & Anr
The defendant filed an application seeking production of various documents, including global license agreements, declarations of essentiality to ETSI, and statements of working related to Ericsson's patents. The court observed that while some documents were relevant for FRAND determination, the burden lay on the defendant to prove comparability in trial, and thus dismissed the application.
Hanmi Pharm. Co. Ltd. v.The Controller General Of Patents And Designs
The appellant, Hanmi Pharm. Co. Ltd., filed two interlocutory applications before the Delhi High Court. The court disposed of I.A. 12819/2022 as infructuous based on the counsel's submission. Furthermore, the application seeking leave to file additional documents (I.A. 12818/2022) was allowed.
Art Screw Co., Ltd. v.The Assistant Controller Of Patents And Designs
Art Screw Co., Ltd. appealed against the rejection of its patent application (No. 6541/DELNP/ 2011) by The Assistant Controller of Patents and Designs, which cited lack of inventive step. The court directed the petitioner to place international granted patents on record and ordered further submissions from both parties.
Unilever Plc. And Anr. v.Vikas
This interim application sought to continue and grant further ad-interim relief against the defendant, Vikas. The court reviewed the findings of the Court Receiver regarding additional infringing goods and permitted amendments to the plaint. Consequently, the court ordered the continuation of the exparte ad-interim injunctions.
Ravinder Singhania v.Union Of India & Anr.
Ravinder Singhania filed a writ petition challenging the rejection of a patent application by Respondent No. 2, seeking to quash the impugned decision and direct reconsideration. The petitioner primarily argued that he did not receive an essential email containing the examination report, preventing him from responding within the stipulated time.
Jansen Pharmaceuticals & Others v.Aeon Formulations Pvt. Ltd.
The plaintiffs, who are exclusive licensees of the patent holder (Mitsubishi Tanabe Pharma Corporation), filed a suit alleging that Defendant No. 1 was manufacturing and marketing Canagliflozin Tablets/Capsules, thereby infringing Indian Patent No. 232231. The court found a prima facie case in favor of the plaintiffs.
General Electric Company v.Union Of India And Anr.
General Electric Company challenged an order by the Assistant Controller of Patents that rejected its patent application. The Petitioner argued that the Controller arbitrarily revisited the non-patentability objection under Section 3(k) without providing a proper opportunity for defense or written submissions. The Delhi High Court set aside the impugned order and remanded the matter, directing the Patent Office to provide a hearing on all objections.
Dabur India Limited v.Ashok Kumar And Ors
In a significant ruling concerning domain name disputes, the Delhi High Court directed various Domain Name Registrars (DNRs) to appoint Grievance Officers in accordance with the IT Rules, 2021. This order was issued within the context of multiple connected suits involving trademark and cyber-related issues. The court emphasized the need for DNR compliance to protect intellectual property rights and ensure proper grievance redressal mechanisms are in place across the digital landscape.
Bridgestone Corporation v.Controller General Of Patents Designs & Trademarks & Anr
The Delhi High Court issued an interim order in the matter of Bridgestone Corporation versus Controller General Of Patents Designs & Trademarks. The court directed both parties to prepare and exchange short notes detailing their submissions and to compile relevant judicial precedents for consideration. This procedural step moves the case closer to final disposal, which is scheduled for February 2, 2022.
Merck Sharp And Dohme Corp v.Harman Finochem Limited
The suit was filed by Merck Sharp And Dohme Corp seeking permanent injunction against Harman Finochem Limited for infringing Patent No. 209816 related to Sitagliptin. Although an interim injunction had been granted earlier, the matter reached a settlement as the patent expired during the pendency of the suit. The Defendant agreed to pay partial litigation costs.
Pfizer Inc v.Azista Industries Private Limited
The suit was filed by Pfizer Inc seeking an injunction against the infringement of Patent No. IN 218291, which covers the pharmaceutical product 'Palbociclib'. The court condoned the delay in filing replications and made the existing ad-interim injunction absolute during the pendency of the suit.
Bayer Intellectual Property Gmbh v.The Controller Of Patents
Bayer Intellectual Property Gmbh appealed the Patent Office's order rejecting its divisional patent application (No. 201918027661). The rejection was based on a lack of inventive step and insufficient experimental data. The Court directed the parties to submit the full file wrapper of both the parent and subject applications for further consideration.
Kent Ro Systems Limited & Anr. v.Bajrang Impex Private Limited
The Delhi High Court granted an interim injunction in favor of Kent Ro Systems Limited against Bajrang Impex Private Limited, finding a prima facie case of infringement regarding the design and logo used on water purifier cabinets. The court recognized that irreparable harm would occur without immediate protection. Furthermore, to definitively ascertain the extent of manufacturing and sales, the court appointed a Local Commissioner with specific mandates to inspect the defendant's premises, seize infringing materials, and report on production figures.
Vifor International Ltd. v.Competition Commission Of India
Vifor International Ltd. challenged the orders of the Competition Commission of India (CCI) which initiated an inquiry into its licensing practices regarding the patent for Ferric Carboxymaltose (FCM). Vifor argued that the CCI was exceeding its jurisdiction by seeking commercially sensitive information related to a patented product, touching upon rights under the Patents Act, 1970. The High Court dismissed the writ petition, finding it premature and noting that the CCI would consider the petitioner's objections.
Novartis A G v.Supermax Drugs And Pharmaceuticals Private Limited
Novartis A G filed a suit seeking permanent injunction against Supermax Drugs And Pharmaceuticals Private Limited for infringing its patent (IN 237430) covering the drug molecule Nilotinib. The dispute arose after the Defendant submitted bids to a government tender using the patented substance. During the proceedings, the Defendants conceded that they had no intention to manufacture or sell the preparation during the patent's lifetime. Consequently, the court decreed the suit for permanent injunction, contingent upon the filing of an affidavit detailing existing stock and an undertaking to comply with the decree.
Nokia Technologies Oy v.Vivo Mobile Communication Co., Ltd & Ors.
The court heard various interlocutory applications in a patent infringement suit filed by Nokia Technologies Oy against Vivo Mobile Communication Co., Ltd & Ors. The core issue addressed was whether the Plaintiff could amend its claims to include additional infringing devices or assert infringement under other patents during the pendency of the suit.
Ravinder Singhania v.Union Of India & Anr.
Ravinder Singhania filed a writ petition challenging the validity of certain provisions related to patents. Since one of the reliefs sought involved questioning the legal validity (vires) of Section 21(1) of the Patents Act, 1970 and Rule 24B(2)(i) of the Patents Rules, 2003, the court ordered the matter to be listed before a Division Bench.
Sotefin Sa v.Indraprastha Cancer Society And Research Center
Sotefin SA filed a suit seeking permanent injunction against the defendants for infringing Indian Patent No. 214088, which relates to a self-propelled carriage for horizontal transfer of motor vehicles. During the pendency of the suit, the parties amicably resolved their disputes and entered into Consent Terms.
UltraTech Cement Limited v.Dlvk Cement Private Limited
The suit filed by UltraTech Cement Limited against Dlvk Cement Private Limited was settled out of court. The Bombay High Court accepted the Consent Minutes of Order, disposed of the suit and interim application, and decreed the matter in accordance with the settlement terms.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
This judgment addresses applications filed by Respondent No.2 (Patentee) seeking dismissal of revocation petitions on the grounds of being time-barred. The court held that since no specific limitation is prescribed for revocation under Section 64, a three-year limitation period cannot be read into the provision. Furthermore, interim stay applications were dismissed as the patent was already granted and injunctions had been granted elsewhere.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
This judgment addresses applications filed by Respondent No.2 seeking dismissal of revocation petitions concerning patent IN 243301 (Linagliptin) on the grounds that they were time-barred. The Court held that since no specific limitation period is prescribed for revocation under Section 64, a three-year limitation period cannot be read into the provision.
Unilever Ip Holdings B.V. v.Surjit Dairy Products
The commercial IP suit filed by Unilever Ip Holdings B.V. against Surjit Dairy Products was settled out of court. The parties executed Consent Minutes of Order, leading to the disposal and decreeing of the suit.
Osaka University v.Assistant Controller Of Patents And Designs
Osaka University appealed the Patent Office's order rejecting its patent application (No. 3495/DELNP/2012) for 'Bridged Artificial Nucleoside and Nucleotide'. The rejection was based on lack of novelty, inventive step, and Section 3(d) of the Patents Act, 1970.
Glaxo Group Limited v.Glenmark Pharmaceuticals Limited
The suit was filed by Glaxo Group Limited seeking rendition of accounts and recovery of money against Glenmark Pharmaceuticals Limited concerning Patent No. IN212714. The parties subsequently reached an amicable settlement, which the Court accepted and decreed the suit in terms of that agreement.
I. M. A. Industria Macchine Automatiche S. P. A. v.The Controller of Patents and Designs
The appellant, a manufacturer of packaging materials, appealed against the Controller's rejection of its patent application for a transporting apparatus. The rejection was based on lack of inventive step over cited prior art documents. The High Court found that the impugned order lacked sufficient reasons and failed to deal with the merits or arguments raised by the appellant.
Incyte Holding Corporation v.Assistant Controller Of Patents And Designs
Incyte Holding Corporation appealed the rejection of its patent application (No. 8686/DELNP/2010) by the Assistant Controller of Patents. The appeal was filed after a considerable delay of 530 days. The court condoned this delay, allowing the main appeal to proceed.
Merck Sharp & Dohme Corp v.Sanjeev Gupta
The commercial suit for patent infringement concerning Sitagliptin (protected by IN 209816) was settled between Merck Sharp & Dohme Corp and Sanjeev Gupta & Ors. The Defendants acknowledged the validity of the patent and agreed to cease all infringing activities, including manufacturing generic versions, until the patent expires.
Tata Sons Private Limited & Anr. v.Chougle Salt Works Private Limited
Tata Sons Private Limited successfully resolved its intellectual property dispute against Chougle Salt Works Private Limited through mediation before the Delhi High Court. The parties executed a comprehensive settlement agreement acknowledging that the defendant had inadvertently infringed upon Tata's registered copyrights (TATASALT packaging) and trademarks (TATA SALT). Under the terms, the defendant agreed to cease using similar marks, destroy infringing materials, and permanently refrain from applying for or using any confusingly similar IP rights. The court subsequently decreed the suit based on this settlement.
Nokia Technologies Oy v.Vivo Mobile Communication Co., Ltd
The Plaintiff seeks a permanent injunction restraining the infringement of its rights in patents claimed to be standards essential to 3G and 4G communications standards. The Plaintiff suspects that various other patents may also be infringed by the Defendants.
Pidilite Industries Limited v.Laziq Trading Company
The Plaintiff, Pidilite Industries Limited, filed an interim application seeking relief against Laziq Trading Company for alleged infringement of its well-known trademarks and copyrights associated with the DR. FIXIT silicone sealant range. The court granted an interim injunction restraining the defendant from manufacturing or selling goods bearing similar marks or infringing the artistic work on the packaging.
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