India Patent Cases
2,823 decisions indexed
Page 57 of 95 · 2,823 total
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.
Merck Sharp & Dohme LLC v.Chiral Biosciences Limited
The suit was filed seeking a permanent injunction and damages against Chiral Biosciences Limited for infringing Merck Sharp & Dohme's patent (IN 209816) covering Sitagliptin. Although the court found evidence of infringement, it ultimately denied the permanent injunction because the patent had expired by July 2022, but awarded damages and costs.
Kanishka Sinha & Anr v.The Union Of India & Ors
The petitioners sought a direction to the Deputy Director General (VAHAN), National Informatics Centre, to grant linkage of their patented software with the Vehicle Registration and Homogation System. The matter was settled amicably between the parties, leading to the court disposing of the writ petition.
Abhishek Gupta v.Vipin Jain
The Delhi High Court granted an interim injunction in favor of Abhishek Gupta, who was seeking restraint against trademark and copyright infringement related to his 'BOL' sports publication. Despite initial resistance based on delayed approach, the court found a prima facie case for the appellant. The judgment specifically restrained Vipin Jain from passing off or associating their goods with the plaintiff’s registered trademarks and copyrights, recognizing the likelihood of consumer confusion due to similar get-up and use.
Synthes Gmbh v.Controller General Of Patents, Designs and Trademarks And Anr
Synthes Gmbh appealed the rejection of its patent application for a 'BONE FIXATION APPARATUS' by the Controller General of Patents. The appeal was transferred to the Delhi High Court following legislative changes. Initially, the court condoned the delay in filing the appeal. Subsequently, the court directed both parties to file comprehensive written submissions and place prior art on record before proceeding with the merits of the patent rejection.
Hebei Hailan Bearing Manufacture Co. Ltd. v.M/S Pearl Bearing Co.
In this trademark dispute, the Delhi High Court addressed an application by the Plaintiff seeking disclosure of financial and import documents from the Defendant. While the Defendant argued that some information was confidential, the Court issued a conditional order. The Defendant must now file an affidavit detailing complete sale figures and submit all requested documents in a sealed cover for judicial review before they can be released to the Plaintiff.
Chugai Seiyaku Kabushiki Kaisha v.Hetero Labs Limited
The Plaintiffs filed a suit seeking permanent injunction and damages against the Defendants for infringing Indian Patent No. 294424, which covers the tetracyclic compound Alectinib used in cancer treatment. The dispute centered on whether the Defendant's import and use of Alectinib Hydrochloride were commercial infringements or activities permitted under Section 107A (Bolar provision) for research and regulatory purposes.
Natco Pharma Limited v.Union Of India & Ors.
Natco Pharma Limited filed a writ petition challenging an order by the Assistant Controller that refused its application seeking cross-examination during pre-grant opposition proceedings against Novartis A.G.'s patent application (No. 4412/DELNP/2007). The court ultimately disposed of the petition, allowing for procedural steps to be taken in the underlying opposition.
Boehringer Ingelheim International GmbH v.The Controller Of Patents & Anr.
Boehringer Ingelheim appealed the Controller's rejection of a divisional patent application related to DPP-IV inhibitors. The core dispute centered on whether the parent application contained a 'plurality of inventions' sufficient to support the new product claims sought in the divisional filing. The Delhi High Court ultimately rejected the appeal, holding that since the original application only contained method or use claims and not distinct product claims, the subsequent introduction of such products was considered disclaimed. Consequently, the divisional application could not proceed.
Astrazeneca Ab v.MSN Laboratories Limited
Astrazeneca filed a suit seeking permanent injunction and damages for infringing Indian Patent IN 297581 related to cancer treatment. The dispute centered on whether a Public Notice issued by the Department of Pharmaceuticals constituted Government Authorization allowing generic manufacturing. The Court clarified that the notice was merely for collating local manufacturer details, not an authorization to infringe.
Best Agrolife Limited v.Deputy Controller Of Patents & Anr.
The petitioner challenged the Deputy Controller's decision granting Patent No. IN 394568, arguing that the grant was flawed because the pre-grant opposition raised on grounds like lack of novelty and non-patentability under Section 3(d) was ignored. The court found that the impugned order was non-speaking, failed to address key objections, and did not consider expert affidavits. Consequently, the matter was remanded for a fresh, reasoned decision.
Applause Entertainment Pvt. Ltd. v.Aryan Sharma & Anr.
The Commercial IP Suit filed by Applause Entertainment Pvt. Ltd. against Aryan Sharma & Anr. was settled between the parties via Consent Terms dated 02.05.2022. The court accepted these terms, permitted amendments to the case title, and subsequently disposed of the suit.
Nippon A&L Inc. v.The Controller Of Patents
Nippon A&L Inc. appealed a rejection order by the Deputy Controller of Patents regarding its application for a copolymer latex process and product. The Patent Office had raised objections concerning inventive step, non-patentability under Sections 3(d) and 3(e), and lack of clarity in claims. The High Court focused specifically on the objection related to claim amendments. The court ruled that since the Appellant was narrowing the scope of the claims and the process sought was disclosed in the specification, the amendments were valid under Section 59.
Novo Nordisk A S v.Union Of India
Novo Nordisk challenged an order by the Deputy Controller of Patents, arguing that the decision did not address the substantive grounds raised in its representation regarding a pending post-grant opposition. The case involves Patent IN257402, which relates to pharmaceutical preparations. Despite years of delays and procedural complexities in the Opposition Board proceedings, the High Court intervened to ensure that the Deputy Controller would consider all arguments presented by the patentee before rendering a final decision.
Novartis Ag v.MSN Laboratories Pvt Ltd
The petitioner filed an application alleging that the defendant violated a prior injunction by offering to supply Eltrombopag Olamine to the Government. The court examined whether this offer, made under Section 100 of the Patents Act, 1970, constituted contempt.
Sanjeev Khandelwal v.Ganesh Medicals
The plaintiff filed a suit alleging infringement of his patents against three defendants. Subsequently, the parties executed a Deed of Compromise dated 22.11.2010. The court disposed of the suit in terms of this compromise, decreeing it against the third defendant and dismissing it against the first and second defendants.
Sanjeev Khandelwal v.Ganesh Medicals
The plaintiff filed a suit alleging infringement of his patent (No. 197822) against three defendants. Subsequently, the parties executed a Deed of Compromise dated 22.11.2010. The court disposed of the suit based on this compromise.
Saint-Gobain Glass France v.M/s.Harsha Exito Engineering (P) Ltd.
The suit was filed by Saint-Gobain Glass France (through its Indian subsidiary) against M/s.Harsha Exito Engineering for infringement of Suit Patent No.305596, which covers a system and method for installing glass panels. The Plaintiff sought permanent injunction, delivery up of infringing products, and damages. The Court found the Plaintiff to be the proprietor and decreed the suit in favor of the Plaintiff.
XXX v.Union Of India
The petitioner, suffering from HER2-Negative Metastatic Breast Cancer, sought an interim direction compelling the 3rd respondent (DPIIT) to consider their representation regarding the high cost of Ribociclib. The petitioner argued that since Ribociclib enjoys patent monopoly and is not manufactured in India, compulsory licensing under Section 92 of the Patents Act, 1970, was necessary for affordability.
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