India Patent Cases
2,847 decisions indexed
Page 61 of 95 · 2,847 total
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs
The Appellant filed an appeal challenging the rejection of its patent application (No. 6500/DELNP/2011). The court first condoned a delay of 53 days in filing the appeal, and subsequently granted further time to the Respondent to file their reply.
Boehringer Ingelheim Pharma Gmbh And Co. Kg v.Natco Pharma Limited
The judgment addresses multiple applications within a commercial suit concerning pharmaceutical patents. The court disposed of an application regarding electronic records and issued directions on several other pending matters, including contempt proceedings related to the sale of Afatinib tablets.
Chugai Seiyaku Kabushiki Kaisha v.Controller Of Patents And Design
Chugai Seiyaku Kabushiki Kaisha appealed the rejection of its patent application (No. 201617023236) for a solid preparation containing Tofogliflozin in monohydrate crystal form. The Controller rejected the application, citing lack of inventive step and falling under Section 3(d) because it was merely a new use/form of a known drug without enhanced efficacy.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The court addressed two matters concerning the revocation of Indian Patent No. 243301, which covers the compound Linagliptin. The proceedings involved procedural steps such as treating a plaint as a petition and returning counter statements under objections.
Vifor (International) Ltd v.Hetero Healthcare Limited
Vifor (International) Ltd filed suit against Hetero Healthcare Limited alleging infringement of its patented drug, FERRIC CARBOXYMALTOSE. Vifor contended that Hetero was preparing to launch a generic version under the brand HETROFER, which infringed upon their exclusive patent rights for treating iron deficiency anaemia. The Delhi High Court examined the prima facie case and balance of convenience presented by the Plaintiffs.
Novartis Ag v.Msn Laboratories Pvt. Ltd
The case involves Novartis AG seeking a permanent injunction against MSN Laboratories Pvt. Ltd. for infringing its patent related to Eltrombopag Olamine, the active ingredient in its drug Revolade.
Chia Tai Tianqing Pharmaceutical Group Co. Ltd v.The Controller of Patents and Designs
The suit was filed by Chia Tai Tianqing Pharmaceutical Group challenging an impugned order from the Assistant Controller of Patents & Designs. The rejection was based on Section 2(1)(ja), Section 3(d), and Section 10 of the Patents Act, 1970. The plaintiff argued that the objections under Section 10 were never raised during examination and that deleted claims were improperly used for rejection.
Ischemix Llc v.The Controller Of Patents
Ischemix Llc appealed the rejection of its Indian Patent Application No.4380/DELNP/2013 by the Controller of Patents, which was based on Section 3(d) of the Patents Act, 1970. The appellant challenged the basis and citation of the prior art documents used against them.
Agriboard International Llc v.Deputy Controller Of Patents And Designs
Agriboard International LLC appealed the Deputy Controller's order refusing its patent application for 'Efficient Method and Apparatus for Producing Compressed Structural Fiberboard' on grounds of lack of inventive step. The petitioner argued that the refusal was cryptic and lacked proper reasoning regarding the differences between the subject invention and the cited prior art (D1).
Pfizer Inc & Ors v.Azista Industries Private Limited & Ors
Pfizer Inc and others filed a suit seeking permanent injunction, damages, and rendition of accounts against Azista Industries Private Limited and others for infringing their patented drug 'Palbociclib'. The court found that the Plaintiffs had made out a prima facie case for an ad-interim ex parte injunction.
UPL Limited v.Agro King Pesticides Pvt. Ltd.
The dispute involved UPL Limited asserting its patent rights over the composition Clodinafop-Propargyl (15%) + Metsulfuron Methyl (1%) WP against Agro King Pesticides Pvt. Ltd. The matter was amicably settled before the Delhi High Court Mediation and Conciliation Centre.
Eli Lilly And Company v.Bryan Pharmaceuticals Through Its Proprietor Mr. Laxmi Kand Pal / Navneet Kand Pal & Ors.
The suit sought permanent injunction against defendants for infringing Indian Patent No. 270765 concerning Baricitinib (Barinat). The patent holder alleged that licensed companies were marketing and exporting the product outside its approved use (COVID-19) for Rheumatoid Arthritis, primarily through e-commerce platforms like Indiamart.
Pioneer Corporation v.Gulab Goel & Ors.
In a suit involving claims of trademark and copyright infringement, Pioneer Corporation and Defendant No. 8 reached an amicable settlement during the pendency of the litigation. As part of this resolution, Defendant No. 8 paid compensation to the Plaintiff. The Delhi High Court subsequently allowed the application, passing a decree of permanent injunction against Defendant No. 8 and disposing of the suit concerning that specific defendant.
Republic Technologies (Na) Llc v.Vipin Pathak Trading As M/S Pathak Impex
The Delhi High Court addressed a suit filed by Republic Technologies against Vipin Pathak regarding the alleged infringement of the 'OCB' trademark and copyright related to smoking accessories. While the court noted that the defendant acknowledged the plaintiff's rights, it also accepted the defendant's willingness to change their logo and mark. Consequently, an existing interim order was made absolute, while the matter was scheduled for further hearing after the defendant presented proposed changes.
Diageo Brands B V & Anr v.Rock And Storm Distilleries Private Limited
This case involved a dispute over the use of distinctive bottle designs and trademarks in the spirits industry. Diageo Brands sued Rock And Storm Distilleries for infringement of its registered design (No. 306577) and trademark ('Hipster', No. 4419654), alongside passing off related to trade dress. The parties ultimately reached an amicable settlement, which was subsequently recorded by the Delhi High Court.
Novartis Ag v.Windlas Biotech Pvt Ltd
Novartis initiated multiple suits against various defendants, including Windlas Biotech and Eris Lifesciences, alleging infringement of Indian Patent No. IN229051, which covers a combination drug (Valsartan + Sacubitril) used to treat cardiovascular disease. The Delhi High Court addressed applications seeking interim injunctions and access to distribution details. While the court maintained an interim injunction against manufacturing and selling the patented composition, it also directed Eris Lifesciences Limited to deposit Rs. 5 crores due to the marketing of stock post-infringement.
Sandvik Intellectual Property Ab v.Sai Deepa Rock Drills Private Limited
The plaintiffs filed a suit alleging infringement of their registered patents related to Top Hammer Rock Drilling Tools. The court passed an interim order granting a temporary injunction restraining the defendants from commercializing the infringing products and directed the defendants to disclose specific financial and production details on affidavit.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Jigs Chemical Limited & Anr.
The Plaintiff filed a suit seeking an injunction against Defendant No.1, alleging that the defendant was advertising and selling 'APIXABAN' (a patented pharmaceutical preparation) as an Active Pharmaceutical Ingredient (API). The court found a prima facie case for infringement and granted an ex parte ad interim injunction restraining the manufacturing and sale of APIXABAN.
Vifor International Ltd. v.Dr Reddy's Laboratories Limited
The plaintiffs claim infringement of their patent related to drugs comprising 'FERRIC CARBOXYMALTOSE'. The defendant argues that MSN Laboratories is the manufacturer for them.
Mitsubishi Power Ltd v.The Assistant Controller Of Patents And Designs
Mitsubishi Power Ltd appealed against the rejection of its patent application by The Assistant Controller Of Patents And Designs. The rejection was based on lack of inventive step and Section 3(d) of the Patents Act, 1970. The court disposed of the stay application (I.A. 11537/2021), noting that since the patent had been rejected, no interim order could be granted.
Glaxosmithkline Intellectual Property Development Limited v.The Controller of Patents
Glaxosmithkline Intellectual Property Development Limited filed an appeal against the rejection of its patent application (No. 201617034934) by the Assistant Controller of Patents & Designs. The rejection was based on lack of inventive step and non-patentability under Section 3(d) of the Patents Act, 1970.
Merck Sharp And Dohme Corp v.Actis Generics Pvt Ltd
The suit involved a dispute over Indian Patent No. 209816, which covers Sitagliptin for diabetes treatment. The parties amicably resolved their disputes through a settlement agreement dated March 15, 2022.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma
The Plaintiffs filed a suit seeking an injunction against Defendant No.1 for infringing their patented pharmaceutical preparation 'APIXABAN'. The Plaintiffs alleged that Defendant No.1 was advertising and selling the product through various platforms including Indiamart and Tradeindia. The Court granted an ex parte ad interim injunction restraining Angle Bio Pharma from manufacturing or selling APIXABAN without authorization, and directed the intermediary websites to take down the listings.
M/S Sureka Forbes (Pvt) Limited v.M/S Eureka Forbes Limited
The Karnataka High Court dismissed a writ petition filed by M/S Sureka Forbes against M/S Eureka Forbes. The petitioner had challenged the trial court's acceptance of a Court Commissioner's report in an ongoing suit for permanent injunction concerning trademark and copyright infringement. The court ultimately found that accepting or rejecting the commissioner's report is a discretionary function of the trial court, leading to the dismissal of the writ petition as devoid of merits.
Micro Labs Limited v.The Controller Of Patents & Anr
The case involves a revocation petition filed by Micro Labs Limited against the patent granted to Bristol-Myers Squibb for a pharmaceutical compound used as an anticoagulant. The court granted an interim injunction restraining Micro Labs from manufacturing and selling the product covered by the patent.
Nokia Technologies Oy v.Vivo Mobile Communication Co Ltd & Ors.
The plaintiff, Nokia Technologies Oy, filed a suit seeking permanent injunction against the defendants (Vivo Mobile Communication Co Ltd & Ors.) for infringement of Patent No. 259932 ("ARRANGING HANDOVER") by various mobile devices. The court addressed applications regarding adding new claims and devices during the pendency of the suit.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed a decision by the Controller of Patents, Chennai, which rejected its patent application (No. 1026/DEL/2012). The High Court first condoned the delay in filing the appeal and subsequently listed the matter for further hearing to determine if the invention has been put to commercial use.
Sterlite Technologies Limited v.Hfcl Limited
The case involves a suit seeking an injunction against HFCL Limited for allegedly infringing on Sterlite Technologies' patent related to optical fiber cables. The plaintiff seeks to restrain the defendant from manufacturing and selling the infringing products.
PNB Vesper Life Science Pvt. Ltd v.The Controller General of Patents, Designs & Trademarks
PNB Vesper Life Science Pvt. Ltd challenged the Controller General of Patents' order that deemed its patent application, relating to novel Cholecystokini Receptor Ligands, as abandoned. The petitioner argued that the abandonment was based on procedural failures and clerical errors by agents, not due to lack of interest in the invention. The Madras High Court acknowledged the violation of timelines but emphasized principles of natural justice, ultimately restoring the application for fresh consideration.
Boehringer Ingelheim International GmbH v.Dr. Reddy's Laboratories Limited
Plaintiffs (Boehringer Ingelheim) filed a suit seeking permanent prohibitory injunction against the defendants (Dr. Reddy's Laboratories) for infringing their patent No. 268846, covering Empagliflozin products. The court heard applications concerning the continuation and vacation of an existing ad-interim injunction.
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