India Patent Cases
2,823 decisions indexed
Page 58 of 95 · 2,823 total
M/s. Varkey Overseas Trading Company Pvt. Ltd. v.Official Liquidator Of Sumeet Machines ...
The Bombay High Court issued an ad-interim order in a company petition dispute involving the liquidation assets of Sumeet Machines. The court found that certain agreements produced late by one party lacked credibility, leading it to grant relief to the Official Liquidator. The ruling mandates that Sumeet Appliances Pvt. Ltd. must provide a full Affidavit of Disclosure detailing how they have used the trademarks and copyrights associated with the company's artistic works, along with all related income and actions taken.
Sun Pharmaceutical Industries Ltd v.Union Of India & Ors.
The petitions were filed seeking directions to expedite the hearing and adjudication of a post-grant opposition against Patent No. IN 257402, which was facing significant delays by the Respondents (Controller/UOI). The Petitioner also challenged the validity of the Opposition Board's constitution and recommendation.
Chugai Seiyaku Kabushiki Kaisha & Anr. v.Natco Pharma Limited
Plaintiffs (Chugai Seiyaku Kabushiki Kaisha & Anr.) filed a suit seeking permanent injunction against Natco Pharma Limited for infringing Indian Patent No. 294424, which covers the tetracyclic compound Alectinib (Alecensa®). The dispute centered on the Defendant's alleged export and potential commercial launch of generic Alectinib products. The matter was amicably resolved.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants filed an appeal challenging the order dated November 15, 2021, passed by the Assistant Controller of Patents. The original application (No. 201817032492) was rejected on the ground of lack of novelty under Section 2(1)(j) of the Patents Act, 1970.
Sun Pharmaceutical Industries Ltd v.Union of India
The petitioner filed writ petitions seeking directions to the respondents (Controller/UOI) to expedite the hearing and adjudication of a post-grant opposition against Patent No. IN 257402. The petitioner also challenged the validity of the Opposition Board's recommendation, alleging procedural flaws. The Court directed the Competent Authority to decide the pending representation and scheduled the patent proceedings.
Sterlite Technologies Limited v.Anupam Singh & Ors.
Sterlite Technologies Limited filed a suit seeking protection of its confidential IBR technology, which was developed by key employees who later joined a competing entity (Defendant No.3). The Plaintiff alleged that the Defendants disclosed this proprietary information, leading to similar patent applications being filed by Defendant No.3, naming the former employees as inventors.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The applicants (Boehringer Ingelheim Pharma) filed applications seeking interim directions to restrain the respondents (MSN Laboratories and others) from infringing their patent rights over the medicinal product, Linagliptin. The court found that the defendants had not laid a credible challenge to the validity of the patent and tilted the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The plaintiffs, Boehringer Ingelheim Pharma, filed applications seeking interim directions against respondents (including MSN Laboratories and others) for infringing their patent rights related to the medicinal product Linagliptin. The court found that the defendants had not presented a credible challenge to the patent's validity and tilted the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The plaintiffs, Boehringer Ingelheim Pharma, filed applications seeking interim directions to restrain respondents from infringing their patent rights related to Linagliptin. The court found that the defendants had not presented a credible challenge to the patent's validity and tilted the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The applicants (Boehringer Ingelheim) filed applications seeking interim directions against the respondents (MSN Laboratories and others) for alleged infringement of their patent covering the compound Linagliptin. The court found that the defendants had not laid any credible challenge to the validity of the patent, thus tilting the balance of convenience in favor of the plaintiffs.
MSN LABORATORIES PRIVATE LIMITED v.THE CONTROLLER OF PATENTS, BOUDHIK SAMPADA BHAVAN, DWARKA, SECTOR-32, PLOT 14 NEW DELHI-400037; BOEHRINGER INGELHEIM PHARMA GMBH & CO. KG
The plaintiff (MSN Laboratories) filed a petition seeking the revocation of Indian Patent No. IN 243301. The defendants argued that the petition was time-barred as it was filed more than three years after the patent grant date. The court dismissed the applications, holding that the limitation period for challenging a patent is not necessarily from the date of grant but when the right to sue accrues, and affirming its territorial jurisdiction.
Amazon Seller Services Private Limited v.Amazonbuys.In & Ors.
The Delhi High Court allowed Amazon Seller Services Private Limited to implead a new infringing website, 'storeamazon.co.in,' in its ongoing suit against rogue sellers. Citing precedent regarding mirror websites, the court granted an ex-parte ad interim injunction restraining this new defendant from infringing Amazon's trademarks and copyrights. Furthermore, the court directed various internet service providers (ISPs) and domain registrars to block access to the site and disclose registrant details, reinforcing judicial control over online piracy.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deemed abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under Indian law. The Petitioner argued that despite procedural delays involving multiple patent agents, they had taken steps to respond to the First Examination Reports (FERs). Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of abandonment rules, the Delhi High Court set aside the abandonment orders.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deeming abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under the Indian Patents Act. The Petitioner argued that delays, stemming from changes in legal counsel and communication issues with the initial patent agent, led to the abandonment orders. Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of the Patent Act, the Delhi High Court set aside the abandonment orders.
Proprietect L P v.The Controller Of Patents
Proprietect L P filed an appeal challenging the rejection of its patent application (No. 5706/DELNP/2011) by the Asst. Controller of Patents. The primary issue addressed in this order was the condonation of a significant delay in filing the appeal, which was ultimately granted.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft appealed an order by The Controller of Patents which rejected its patent application (No. 9149/DELNP/2014). The rejection was based on the grounds that the antibodies claimed were naturally occurring and thus non-patentable under Section 3(c) of the Act. The court allowed various interlocutory applications, including condonation of delay, and issued notice for further arguments.
Evonik Operations Gmbh Address For Service In India Lexorbis v.Controller General Of Patents, Designs & Trademarks & Anr.
Evonik Operations GmbH filed an appeal challenging the Assistant Controller's decision to reject its patent application (No. 201714031257). The rejection was based on the finding that the specification lacked a working example necessary to disclose the best method of performing the invention. This procedural order sets out the next steps for the appeal, requiring the respondent to file written submissions.
Ecomax Solutions Pvt. Ltd. v.Energeo Building Solutions Llp & Ors
The Plaintiff, Ecomax Solutions Pvt. Ltd., filed a suit seeking permanent injunctions and damages against the Defendants for infringing its patented ECOMax-HE Automatic Tube Cleaning System (ATC) and copyrighted drawings. The Plaintiff alleged that the defendants obtained confidential information and drawings while their partners were employees of the Plaintiff's customer, Carrier Airconditioning & Refrigeration Limited. The court allowed various interim applications and ordered a local commission to inspect the Defendants' manufacturing process.
Interdigital Vc Holdings Inc v.Guangdong Oppo Mobile
The Plaintiffs filed a suit seeking a permanent injunction against the Defendants for infringing their patents related to the High Efficiency Video Encoding (HEVC/H.265) standard. The Plaintiffs also seek to add further patents and devices that may infringe their rights.
Novartis Ag v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction against Msn Laboratories Private Limited for alleged infringement of Patent No. 237430 (Inhibitors of Tyrosine Kinases). The dispute centered on whether the Department of Pharmaceuticals' public notice constituted government authorization to manufacture the drug Nilotinib. The court, without considering the merits of infringement or validity, directed that Msn Laboratories must provide four weeks' advance notice before commencing commercial production.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction and damages against Centurion Remedies Private Limited for infringing Indian Patent No. 229051 concerning pharmaceutical compositions comprising Valsartan and NEP Inhibitors. The court clarified that the Department's Public Notice was merely to collate local manufacturers and did not constitute Government Authorization under Section 100 of the Patents Act, 1970. Consequently, the suit was decreed granting a permanent injunction against Centurion Remedies.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction and damages against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 233161. The court examined the defendant's affidavit, which claimed no commercial activity related to the patented drug ELTROMBOPAG OLAMINE/ REVOLADE. Furthermore, the Department of Pharmaceuticals clarified that its public notice was merely for collating local manufacturers and did not constitute government authorization under Section 100 of the Patents Act, 1970.
The Regents of the University of California v.Controller General of Patents, Designs & Trademarks & Anr.
The Regents of the University of California filed an appeal challenging the rejection of their patent application, No.10336/DELNP/2013, titled "Blockade Of Inflammatory Proteases With Theta - Defensins." The initial rejections were based on objections under Section 2(1)(ja) and non-patentability under Section 3 of the Patents Act, 1970. After subsequent amendments, the application was rejected again under S. 59 r/w S.15. This order sets out procedural directions for the parties to file replies and written submissions before the next hearing.
Pfizer Inc And Ors v.Jodas Expoim Pvt Ltd And Anr
The court framed several issues in this commercial suit concerning alleged patent infringement by the defendants against Pfizer Inc and Ors. The core questions revolve around whether the defendants' activities infringe two specific Indian Patents (No. 218291 and No. 209251) and if the plaintiffs are entitled to permanent injunction or damages.
Novartis Ag v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction and damages against MSN Laboratories for alleged infringement of Patent No. 283133 concerning Pyrrolopyrimidine compounds. The dispute also involved whether a public notice issued by the Department of Pharmaceuticals constituted government authorization to manufacture the patented drug, Ribociclib.
Ht Media Limited & Anr. v.Www.Hindustantimes.Tech & Anr.
The Delhi High Court granted permission to HT Media Limited to proceed against the infringing domain name www.hindustantimes.tech in a suit covering copyright, trademark, and passing off. The court found that the impugned website was deceptively similar to the Plaintiffs' established brand 'Hindustan Times' and was reproducing their copyrighted content. Crucially, the judgment provided a strong enforcement mechanism by directing the communication of the order to ICANN, leveraging Registrar Accreditation Agreement clauses to ensure compliance from domain registrars.
FMC Corporation v.Insecticides India Limited
The case involves FMC Corporation and others against Insecticides India Limited regarding patent infringement. The defendant has indicated they will not launch a product until certain patents expire.
Merck Sharp And Dohme Corp v.Beaukev Pharma International Pvt. Ltd
Merck Sharp And Dohme Corp filed a suit seeking permanent injunction against Beaukev Pharma International Pvt. Ltd for infringing its registered patent (IN'816) related to Sitagliptin. The dispute was subsequently settled under the Delhi High Court Mediation and Conciliation Centre.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the rejection of its patent application for "ghosted synchronization" by the Assistant Controller of Patents & Designs. The rejection was primarily based on non-patentability under Section 3(k). The Court directed the Assistant Controller to submit a comprehensive report addressing the objections raised in the First Examination Report.
Astrazeneca Ab v.Msn Laboratories Limited
This order was passed in an interim application filed by the Plaintiffs (Astrazeneca Ab). The Defendant (MSN Laboratories Limited), through its counsel, requested a restraint on commercial launch while challenging the patent's validity and rights under Section 107(A) of the Patents Act, 1970.
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