India Patent Cases
2,847 decisions indexed
Page 6 of 95 · 2,847 total
Edward Charles Troppi Smythe v.The Controller General Of Patents Designs And Trade Marks, Joint Controller Of Patents And Designs, Union Of India
The petitioner filed an Indian patent application related to satellite conjunction prediction. The deadline for filing the request for examination lapsed because the Indian Patent Agent mistakenly calculated the deadline, leading to a rejection by the Patent Office. The court allowed the petition, finding that there was no intent to abandon the application.
Edward Charles Troppi Smythe v.The Controller General Of Patents Designs And Trade Marks
The writ petition was filed seeking direction to accept and process an Indian Patent Application (IN202447028876) after the statutory deadline for filing a request for examination lapsed. The lapse occurred due to an inadvertent calculation error by the petitioner's Indian patent agent, who mistakenly used the second priority date instead of the first.
Incyte Holdings Corporation v.Zydus Lifesciences Limited
The Delhi High Court passed several orders in CS(COMM) 1356/2025. The court granted exemption from pre-institution mediation due to the urgent nature of interim relief, allowed applications for discovery and additional documents, and addressed an ad-interim injunction request.
Kannan Gopalakrishnan v.Controller of Patents
Kannan Gopalakrishnan challenged the proceedings of the Controller of Patents, arguing that his patent application for 'Solar Supplemental Power Source' was rejected and subsequently his review petition was dismissed without giving him a fair hearing opportunity. The petitioner sought to demonstrate the working prototype before the Patent Office.
R P Scherer Technologies Llc v.The Patent Office of India
The petitioner challenged the rejection of its Indian Patent Application (No. 202127050600) by the Assistant Controller on grounds of lacking inventive step. The core issue was whether the claimed formulation for oral delivery of poorly permeable proteins/peptides was non-obvious over cited prior art. Given the technical nature, the Court appointed a Scientific Advisor to render an opinion.
Koninklijke Philips N.V. v.M/S Electrical Master
Philips filed a suit against Electrical Master for infringing its registered trademarks (PHILIPS), copyrights, and design rights concerning its Advanced Beard Trimmer Series 3000. The court found in favor of Philips, granting permanent injunctions, damages, and costs.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging a previous order by the Deputy Controller of Patents & Designs rejecting the grant of patent for Application No.10810/CHENP/2012. The High Court examined whether the Original Side Appeal was maintainable under Clause 15 of Letters Patent, considering the provisions of the Commercial Courts Act.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the Controller's decision to reject its patent application (1250/KOL/2009) primarily on grounds of lacking inventive steps. The appellant argued that the reintroduction of this objection after amendments and previous hearings violated natural justice principles. The High Court found that the procedure was against the scheme of the Act, setting aside the rejection order.
Novo Nordisk A/S v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk A/S appealed an order where a Single Judge found infringement and granted limited relief to Dr Reddys Laboratories Limited. The appeal centers on whether the suit patent (IN 2626971) is vulnerable to invalidity under Section 64 of the Patents Act, given that the learned judge found the claim obvious from prior art.
Italfarmaco Spa v.Deputy Controller of Patents & Designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the original matter involved a rejection of patent grant under Section 15 of the Patents Act, 1970. The court held that since an appeal mechanism already existed under Section 117A of the Patents Act, the intra-Court Appeal under Clause 15 was not maintainable.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the underlying matter involved a decision made under Section 117A of the Patents Act, 1970. The court held that since the Commercial Courts Act is a special enactment and provides specific appeal mechanisms, the intra-Court Appeal under Clause 15 was not maintainable.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the rejection of their patent application (No. 1250/KOL/2009) based on alleged lack of inventive steps. The appeal argued that the Controller reintroduced this objection suo moto, violating natural justice principles and contradicting earlier notices where the objection had been waived.
Titan Company Limited v.The Controller of Patents & Designs
Titan Company Limited appealed the rejection of its patent application for 'A Jewellery Assembly' by the Controller of Patents & Designs. The Controller rejected the application, stating that the claims fell under Section 3(l) and were suitable for design registration rather than a patent. The High Court set aside the impugned order, finding that the respondent failed to consider the appellant's technical submissions.
Salman Khan v.Ashok Kumar/John Doe & Ors.
The Delhi High Court registered the suit filed by actor Salman Khan against various defendants for alleged misappropriation of personality rights, trademark infringement, copyright violation, and passing off. The court granted several procedural reliefs to the Plaintiff, including exemption from mandatory pre-institution mediation due to the urgent nature of the matter. Furthermore, the court issued directions for service on identified infringing parties and set a timeline for filing written statements and replication, while also considering an application for ad-interim injunction.
Incyte Holdings Corporation v.Natco Pharma Limited
The suit was filed by Incyte Holdings Corporation seeking permanent injunction against Natco Pharma Limited for infringing Indian Patent No. IN269841, which covers the compound 'Ruxolitinib'. During the proceedings, the defendant stated that they have not commercialized any infringing product and their activities are covered under Section 107-A of the Patents Act, 1970.
Ohr Laboratory Corporation v.Gasion Airtech Private Limited & Ors
The Delhi High Court granted an ad interim injunction in favor of Ohr Laboratory Corporation against Gasion Airtech Private Limited & Ors. The court found that the Plaintiff had made out a prima facie case, irreparable harm would result without intervention, and the balance of convenience favored the Plaintiff. Defendants are now restrained from using the 'OHR' mark or similar names/model numbers, as well as from reproducing copyrighted brochure elements.
Haryana Pesticide Manufacturers Association v.The Controller Of Patents And Design & Anr.
The petitioner filed a writ petition challenging an impugned order regarding Patent application no. 201621004267. The petitioner asserted that mandatory procedures under Section 25(1) were not followed and the certificate of grant had not been issued despite filing a pre-grant opposition.
Marico Limited v.Minolta Natural Care
The Bombay High Court addressed an interim application in a commercial IP suit filed by Marico Limited against Minolta Natural Care. The court noted that the plaintiff had presented a strong prima facie case for infringement covering trademark, copyright, design, and artistic work based on rival products. While the defendant sought time to explore an amicable settlement, the court granted a short adjournment but made it clear that if no resolution is reached by the next date, the interim application will proceed to final hearing.
Asustek Computer Inc & Anr. v.Nokia Technologies Oy & Anr.
Asustek Computer Inc filed petitions seeking the revocation or removal of Indian Patents Nos. 356246 and 397206 from the Register of Patents. The court noted that these patents are part of Respondent No. 1's H.265/HEVC patent portfolio, and accordingly listed the petitions for further hearing.
S Chand And Company Ltd v.Kaushal Kumar And Ors
The Delhi High Court addressed several applications in the copyright and trademark infringement suit filed by S Chand And Company Ltd against various booksellers and e-commerce platforms. The court granted the plaintiff exemption from pre-litigation mediation, recognizing the urgency of interim relief. Crucially, the court issued an ad interim injunction directing Defendant No. 5 (Flipkart) to immediately take down listings of counterfeit books infringing on S Chand's registered trademarks and copyrighted works. Furthermore, the court provided procedural directions for serving summons and verifying the addresses of the various defendants.
Filmtec Corporation & Anr. v.Anil Kumar Ashok Bhaivaswani Owner At Messrs Jal Blue Impex & Ors.
The Delhi High Court disposed of the suit between Filmtec Corporation and Anil Kumar Ashok Bhaivaswani and others following a comprehensive settlement agreement. Defendant No. 1 acknowledged ownership of Filmtec's trademarks (FILMTEC®, DUPONT, etc.) and copyrights, agreeing to cease all infringing activities. The court decreed the suit based on these terms, which included injunctions against Defendants 2 and 3 and payment of litigation costs by Defendant No. 1.
Incyte Holdings Corporation v.Bigbear Pharmaceutical (Lao) Co., Ltd
The Plaintiffs filed a suit seeking permanent injunction against the Defendants for infringing Indian Patent No. 269841 related to Ruxolitinib compounds. The court passed several orders granting exemptions from pre-institution mediation and advance service, and appointed Local Commissioners to inspect the alleged infringing activities.
Incyte Holdings Corporation v.Incepta Pharmaceuticals Ltd.
The Plaintiffs filed a suit seeking permanent injunction against Defendants for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds (JAKAVI®). The court passed several orders granting exemptions to the Plaintiffs regarding mediation, identity masking, and advance service, while also directing the execution of Local Commissions to investigate the alleged infringement.
Incyte Holdings Corporation v.Lucius Pharmaceuticals Co., Ltd.
The Plaintiffs filed a suit seeking a permanent injunction to restrain the Defendants from infringing Indian Patent No. 269841 concerning Ruxolitinib Compounds. The court granted various exemptions sought by the plaintiffs, including exemption from pre-institution mediation, and proceeded with appointing Local Commissioners for the execution of the patent.
Novo Nordisk As v.Dr. Reddys Laboratories Limited & Anr.
Novo Nordisk filed a suit alleging infringement of its patent (IN'697) covering Semaglutide, a GLP-1 analogue used for diabetes and obesity. The Plaintiff sought an interim injunction to restrain the Defendants from importing or dealing in the compound. The Court ultimately dismissed the application, finding that the Plaintiff failed to establish a prima facie case for the grant of relief.
M/s. Shilpa Medicare Limited v.M/s. Salus Pharmaceutical & anr.
M/s. Shilpa Medicare Limited filed a commercial appeal against an order, seeking condonation of delay due to initial incorrect nomenclature. The court allowed the delay condonation, noting that procedural rules are handmaids of justice. Subsequently, the court set aside a single judge's order and remanded the matter for consideration on merits, emphasizing continuous infringement.
XX v.Y
The Delhi High Court allowed the commercial suit filed by XX against Y, which alleges infringement of trademarks and designs related to 'HERO Genuine engine oil.' The court granted several procedural reliefs, including masking party identities and exempting the plaintiffs from pre-institution mediation due to the urgent nature of the relief sought. Crucially, the court permitted the appointment of a Local Commissioner to inspect the premises, seize infringing stock, and ascertain its value, paving the way for immediate interim protection.
Sterlite Technologies Limited v.Hfcl Limited
The Delhi High Court passed an order listing the issues in a suit for infringement and a counter-claim seeking revocation of the patent. The court framed multiple issues concerning whether the defendant infringed the patent and whether the patent is liable to be revoked under various provisions of the Patents Act, 1970.
Kaha Pte. Ltd. v.Assistant Controller Of Patents And Designs
Kaha Pte. Ltd. filed an appeal challenging the Assistant Controller's decision to refuse the grant of a patent for application no. 02017037882. The court also addressed an interlocutory application seeking exemption from document submission requirements.
Pachranga International Inc. v.Vishisht Malik Trading As M/S Pachranga Food Industries
Pachranga International Inc. filed an application alleging that Vishisht Malik Trading As M/S Pachranga Food Industries willfully disobeyed a prior court order dated 11.03.2025, which restrained the defendant from dealing in products bearing deceptive labels and infringing on the plaintiff's registered design, copyright, and trademarks. The plaintiff alleged continued violation through manufacturing and online sales using similar branding. In response, the defendant undertook to modify the trade dress of its label by changing the color and font, while also confirming the removal of specified URLs.
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