India Patent Cases
2,823 decisions indexed
Page 62 of 95 · 2,823 total
Mahindra Electric Mobility Limited v.The State Of West Bengal
The application sought to recall and clarify a prior order passed in WPA 2070 of 2022. The Court found that the writ petition failed to disclose crucial previous orders, including those related to injunctions and infringement suits.
Sotefin Sa v.Indraprastha Cancer Society And Research Center
Sotefin Sa filed a suit seeking permanent and interim injunction against Indraprastha Cancer Society and others for the alleged infringement of its Indian Patent 214088, which covers the 'Silomat Dolly' used in automatic car parks. The Plaintiff contended that Defendants were importing 'Smart Dollies' from China that closely resembled and infringed upon their patented technology. After considering the prima facie case, balance of convenience, and irreparable loss, the Delhi High Court allowed the interim injunction.
Relaxo Footwears Limited v.M/S Moosa Enterprises & Anr.
The Delhi High Court formally registered the lawsuit filed by Relaxo Footwears Limited against M/S Moosa Enterprises & Anr. The suit alleges infringement of the 'SPARX' trademark, along with claims of passing off and copyright infringement. During the initial proceedings, the defendant acknowledged receiving summons and stated that they had ceased online sales of the goods in question following objections from the plaintiff.
Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.
This case involves a Review Petition filed by Defendants No. 1 & 2 against an earlier order passed by the Delhi High Court. The defendants challenged the court's directions requiring them to produce third-party agreements, arguing that these documents were irrelevant to determining the essentiality of the suit patents and constituted an erroneous understanding of the facts.
Msn Laboratories Pvt. Ltd v.Novartis Ag
This appeal before the Telangana High Court concerned an infringement suit filed by Novartis Ag against Msn Laboratories Pvt. Ltd regarding patent IN 229051, which covers a specific Valsartan/Sacubitril combination drug. The respondents (Novartis) had secured an interim injunction based on prima facie evidence of infringement due to the appellant's (Msn Labs) manufacturing approval for a similar formulation. The court examined the statutory provisions of the Patents Act and CPC, ultimately dismissing the appeal and upholding the injunction granted in favor of Novartis.
Astrazeneca Ab v.Westcoast Pharmaceutical Works Limited
The plaintiffs, Astrazeneca Ab, filed a suit alleging that the defendant, Westcoast Pharmaceutical Works Limited, was infringing their Indian Patent IN 297581, which covers the anticancer drug Osimertinib (marketed as Tagrisso). The plaintiffs claimed the defendant was soliciting large orders to manufacture and sell the infringing product without authorization.
Rica S.P.A. v.M/S Skin Safe Industries Through Its Sole Proprietor & Ors.
The Delhi High Court granted an interim injunction in favor of Rica S.P.A., a cosmetics company, against M/S Skin Safe Industries. The plaintiff alleged infringement and passing off concerning its trademarks, copyrights, and trade dress related to hair removal products. Citing prima facie evidence and the balance of convenience, the court restrained the defendants from using deceptively similar marks or copying the plaintiff's packaging and artistic works until the final hearing.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd
The dispute concerned the validity and potential revocation of Patent No. IN240893. Although the court had previously found the patent invalid under Section 64(1)(h) in an earlier judgment, the matter was carried out in appeal. The core issue before this bench was whether the patent could be revoked based on grounds like insufficient disclosure (Section 64(1)(h)).
Astra Zeneca Ab And Anr. v.Natco Pharma Limited
The dispute concerns alleged infringement of Indian Patents IN 205147 and IN 235625 by Natco Pharma Limited regarding the drug Dapnat/Dapagliflozin. The present application sought to release the defendant from a bank guarantee obligation, but the court declined this prayer.
The Polo/Lauren Company L P v.Sandeep Arora & Anr.
The Polo/Lauren Company L P filed a rectification petition under Section 50 of the Copyright Act, 1957, challenging the copyright registration of 'SPORTS POLO' held by Sandeep Arora & Anr. The petitioner argued that the respondent's logo substantially reproduced its well-known trademarks and artistic marks. The court found that the respondent's artwork was an imitation of the petitioner's registered marks, lacking originality, and therefore wrongly registered. Consequently, the court allowed the petition and directed the cancellation of the impugned copyright registration.
Sahajanand Technologies Private Limited v.Galatea Limited
Sahajanand Technologies Private Limited approached the Gujarat High Court seeking procedural directions concerning an ongoing Trademark Suit. The petitioner specifically relied upon Section 104 of the Patents Act, 1970, to influence the trial court's proceedings regarding a Counter Claim (Exhibit 28). After mutual consent from both parties, the High Court disposed of the petition while directing the Trial Court to decide Exhibit 28 within four weeks.
M/S. Yashram Lifestyle Brands Pvt Ltd v.M/S. Aditya Birla Fashion And Retail Limited (Madura F and L Division)
M/S. Yashram Lifestyle Brands Pvt Ltd filed an Original Suit seeking a decree of permanent injunction against M/S. Aditya Birla Fashion And Retail Limited for allegedly infringing the plaintiffs' granted patent (No. 306901) related to 'Stay Dry Period Panty'. However, the plaintiffs subsequently moved to withdraw the suit.
Bristol-Myers Squibb Holdings Ireland v.Metrochem Api Private Limited
The plaintiffs filed a suit for permanent injunction against the defendant for infringing their patent related to the compound APIXABAN. The defendant is accused of manufacturing and selling APIXABAN API without authorization.
Novartis Ag v.Medipol Pharmaceuticals India Pvt Ltd
The plaintiff, Novartis Ag, filed a suit alleging infringement of its patent (IN 233161) concerning the drug Eltrombopag Olamine. The court found a clear prima facie case in favor of the plaintiff, noting that the rights to the patent had been confirmed previously.
Novartis Ag v.Msn Laboratories Pvt Ltd
The plaintiff alleges that the defendant infringed its patent by launching a product containing Eltrombopag Olamine without a license. The court granted an ex parte injunction against the defendant's product 'REBOPAG'.
Chia Tai Tianqing Pharmaceutical Group Co. Ltd. v.The Controller of Patents and Designs and Anr.
The appeal was filed challenging the Assistant Controller's order dated August 24, 2021, which rejected Indian Patent Application No. 201817006495. The appellants argued that the rejection based on multiplicity of inventive concepts violated principles of natural justice as no specific objection was raised in the examination report.
Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.
Koninklijke Philips N.V. filed a suit alleging that Vivo Mobile Communication Co. Ltd was infringing five of its patents related to telecommunication standards (UMTS, LTE, etc.). The current application sought discovery through interrogatories and production of license agreements with chipset providers like Qualcomm and MediaTek. The court partly allowed the application, directing the defendants to answer specific questions and provide relevant third-party agreements in a sealed cover.
Otsuka Pharmaceutical Co Ltd v.The Controller Of Patents
Otsuka Pharmaceutical Co Ltd filed an appeal challenging the Controller of Patents' order rejecting Indian Patent Application No. 8198/DELNP/2013. The appellant argued that the notice of hearing failed to cite all relevant prior arts ('D2' and 'D3') which were used as grounds for rejection.
Maruti Air Couriers & Cargo Pvt. Ltd. v.Ram Singh Rathore & 9 Ors.
The plaintiffs filed an interim application alleging that their former franchisees (Defendants nos. 1 to 9) and a newly incorporated entity (Defendant no. 10) were continuing to use the original artistic label and name of 'Maruti Air Couriers' on consignment notes and trade documents after the termination of their franchise agreements. The plaintiffs claimed this constituted copyright infringement and passing off.
Marico Limited v.Dabur India Limited
Marico Limited filed a suit against Dabur India Limited before the Calcutta High Court seeking urgent relief. Given the urgency presented, the court admitted the plaint subject to departmental scrutiny. Furthermore, the court granted necessary leave under various provisions, including Clause 12 of the Letters Patent and Section 12A of the Commercial Courts Act, 2015, allowing the proceedings to move forward.
M/S. Blue Heaven Cosmetics Pvt. Ltd. v.Shivani Cosmetics Through Its Partners Vinod Monga and Nishant Monga
The Delhi High Court granted an interim injunction in favor of M/S. Blue Heaven Cosmetics Pvt. Ltd. against Shivani Cosmetics. The court found prima facie evidence suggesting that the defendant was copying not only the registered trademark but also the trade dress, copyright, writing style, and overall packaging of the plaintiff's 'BLUE HEAVEN GsET BOLD' eyeliner product. This crucial order protects the plaintiff's goodwill while the full trial proceeds.
Gujarat Cooperative Milk Maketing Federation Ltd v.M/S Shree Bankey Bihari Vegetables And Foods Co
The Gujarat Cooperative Milk Maketing Federation Ltd filed a suit against M/S Shree Bankey Bihari Vegetables And Foods Co alleging trademark and copyright infringement, passing off, and seeking damages. During the proceedings, the defendants conceded to certain prayers, and the plaintiffs restricted their claim for damages. Consequently, the Delhi High Court decreed the suit in favor of the plaintiffs, granting permanent injunctions, mandatory injunctions, and awarding damages amounting to Rs. 1.50 lacs.
Seedsmen Association v.Government Of Andhra Pradesh
The appeal challenged an order passed in a Writ Petition concerning a Government Order that fixed the reasonable trait value/royalty for cotton seeds. The court considered arguments regarding the prejudice to the petitioners if the order was suspended, particularly its effect on pending arbitral disputes.
Ten Xc Wireless Inc & Anr v.Mobi Antenna Technologies(Shenzhen) Co Ltd
The Delhi High Court passed an order addressing an interim relief application and framing an additional issue regarding the validity of a patent. The core dispute involves whether Patent Number IN 240893 is liable for revocation under specific sections of the Patents Act, 1970.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed the decision of the Assistant Controller of Patents and Designs which rejected its patent application (No. 2109/DEL/2011). The rejection was based on the claim subject not fulfilling the requirements of Section 2(1)(j) of the Act. The High Court granted certain exemptions but directed further proceedings, including the presence of the Assistant Controller.
Novartis Ag v.Natco Pharma Limited
Novartis sought an interlocutory injunction against Natco Pharma Limited for allegedly infringing its suit patent (IN 233161) covering the drug Eltrombopag Olamine, marketed as REVOLADE. The defendant contested by questioning the patent's validity under Section 64 of the Patents Act. The court found that infringement was established and there was no prima facie case of vulnerability to revocation, thus granting the injunction.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd. & Ors.
The appeal challenged a single judge's judgment that invalidated the Appellant's patent IN240893 under Sections 64(1)(h) and (k) of the Patents Act, 1970. The High Court held that since no issues were framed regarding these specific grounds for revocation, the learned Single Judge could not have entertained them.
Telefonaktiebolaget Lm Ericsson (Pub) v.The Controller of Patents and Designs and Ors.
The appeal was filed by Telefonaktiebolaget Lm Ericsson against the Assistant Controller's refusal to grant a patent. The court found that there had been a violation of the principle of natural justice, specifically regarding the lack of opportunity for the appellant to deal with fresh objections.
Vifor (International) Ltd v.Alembic Pharmaceuticals Limited
Vifor (International) Ltd filed a suit against Alembic Pharmaceuticals Limited seeking permanent injunction and damages for infringing Vifor's patent. The parties subsequently reached an amicable settlement on August 9, 2021.
Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.
The case involved patent infringement concerning Vivo mobile phones. A specific application was filed by defendant No. 3 (Xihi Technology Private Limited) seeking deletion from the parties array, claiming they only manufacture mobile chargers. The court accepted the undertaking given by D-3 not to infringe and passed an interim injunction against them.
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