India Patent Cases
2,823 decisions indexed
Page 63 of 95 · 2,823 total
Uster Technologies Ag v.The Assistant Controller of Patents & Designs
Uster Technologies Ag challenged the rejection of its patent application, which related to a method for optimizing textile manufacturing processes. The petitioner argued that the rejection order was erroneous and failed to consider the provisions of the Patents Act regarding convention applications and amendments. The High Court set aside the impugned order and remanded the matter back to the Controller for fresh consideration.
Hero Electric Vehicles Private Limited & M/s. V.R. Holdings v.Mr. Guddu Ansari & Ors.
The Delhi High Court ruled in favor of Hero Electric Vehicles Private Limited, finding that Defendants were infringing upon its trademarks and copyrights by operating a nearly identical website and domain (www.heroelectro.in). The court found that the defendants were actively duping consumers by misrepresenting their affiliation with the renowned 'Hero Electric' brand to solicit dealership enquiries and collect large sums of money. Consequently, the court granted permanent injunctions, awarded damages of Rs. 50 lakhs, and mandated the transfer of the infringing domain name to the Plaintiffs.
Sandvik Intellectual Property Ab & Anr v.Mr. Kalyan Singh & Ors
The plaintiff, Sandvik Intellectual Property Ab & Anr, filed a suit alleging that the defendants were clandestinely infringing its patents related to parts of the SANDVIK VSI Crusher. The court found prima facie evidence suggesting infringement and irreparable loss.
Sss Lungie Company v.SSS Lingam Company
Sss Lungie Company filed a civil suit against SSS Lingam Company and others, alleging trademark passing off and copyright infringement related to the '3 ROSES label' used on lungies. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages for unauthorized use of their brand and artistic work. However, the court ultimately dismissed the suit as withdrawn at the request of the plaintiff's counsel.
Kanishk Sinha & Anr. v.The Union Of India & Anr.
The petitioners challenged an impugned order regarding their patent rights related to electronic eco-friendly battery-operated vehicles. The court addressed arguments concerning the necessity of adding other manufacturers and states as parties, ultimately finding that the limited scope of the petition did not require such additions.
Sterlite Technologies Limited v.Ztt India Private Limited
The court heard arguments regarding an application (I.A. 8386/2019) concerning the continuation and absoluteness of a previous interim order dated 31.05.2019, which restrained Ztt India Private Limited from infringing patents IN 241433 and IN 280211. The defendant affirmed that they had no objection to the existing restraint continuing until the suit's disposal.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
Rxprism Health Systems Private Limited filed a suit against Canva Pty Ltd seeking permanent injunction to restrain the defendants from infringing its patented technology, titled 'Present and Record Feature of Canva'. The court allowed the plaint to be registered as a suit and set out directions for issuing summons and filing written statements.
Eli Lilly And Company & Ors. v.Bryan Pharmaceuticals Through Its Proprietor Mr. Laxmi Kand Pal / Navneet Kand Pal & Ors.
In this pharmaceutical dispute, Eli Lilly sued several companies for marketing its patented compound Baricitinib under a brand name ('Barinat') for rheumatoid arthritis, allegedly breaching licensing agreements that restricted use solely to COVID-19 treatment. The court addressed an application by one defendant (Defendant No. 11), who claimed the marketing was an inadvertent error and no sales had occurred. After the defendant provided undertakings not to market or sell the drug for any ailment other than COVID-19, the plaintiff agreed that no cause of action survived against this specific defendant, leading to its removal from the suit.
Sulphur Mills Limited v.Sulphur Crop Care Pvt. Ltd.
The plaintiff alleges infringement of its patent related to a Sulphur 90% WDG product by the defendants.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Zee Laboratories Limited & Ors.
The plaintiffs filed a suit seeking an ad interim injunction against the defendants for allegedly infringing Indian Patent Nos. 247381, which covers the subject matter related to Apixaban. The court granted the ad interim injunction, restraining the defendants from dealing in or advertising the infringing generic products 'Apixaz' and 'Apiquis', and ordered the permanent delisting of such advertisements.
Pradeep Stainless India Pvt. Ltd. v.M/s JB Enterprises
Pradeep Stainless India Pvt. Ltd. filed a civil suit against M/s JB Enterprises alleging infringement of its trademarks and copyright designs associated with 'hotpot' products. The plaintiff sought perpetual injunctions, damages, and mandatory directions to stop the unauthorized use and sale of deceptively similar goods. However, before the court could rule on the merits of the complex IP claims, the plaintiff chose to withdraw the suit.
Intelligent Packaging Pty Ltd v.The Controller General Of Patents
Intelligent Packaging Pty Ltd filed an appeal challenging the Controller General of Patents' refusal to grant Indian Patent Application Number No. 156/DELNP/2014. The court issued several interim orders regarding procedural matters such as condonation of delay, exemption from filing documents, and granted time for the respondent to file a reply.
Chugai Seiyaku Kabushiki Kaisha v.Hetero Labs Limited
Chugai Seiyaku Kabushiki Kaisha filed a suit seeking an ad interim injunction against Hetero Labs Limited for infringing Indian Patent No. IN 294424, which covers Alectinib or its salts/solvates. The court allowed the application subject to exceptions, permitting defendants to use the drug for research purposes under Section 107A of the Patents Act but prohibiting commercial launch without prior court permission.
Hindustan Unilever Ltd v.Vedansh Industries
Hindustan Unilever Ltd filed a Commercial IP Suit against Vedansh Industries. The proprietor of the Defendant agreed to submit to a decree in terms of prayer clause (a). Consequently, the Court decreed the suit, ordering the destruction of seized goods by the Defendants.
DINA MALAR A Partnership Concern v.K.Ramasubbu
This suit was filed by Dina Malar against several defendants, including K. Ramasubbu, alleging infringement of its trade marks ('DINA MALA') and copyright related to the work 'DINAMALAR'. The plaintiff sought perpetual injunctions and surrender of infringing materials. However, despite the initial filing under the Trade and Merchandise Marks Act and Copyright Act, the court ultimately dismissed the suit due to non-prosecution by the plaintiff.
R.Venkitapathy v.Kaalaimalar Publications (P) Ltd.
This case involved a dispute filed by R.Venkitapathy against Kaalaimalar Publications (P) Ltd., alleging infringement of trade marks ('DINA MALAR') and copyright in stylized lettering and associated devices. The plaintiff sought perpetual injunctions to prevent deceptive similarity and passing off. However, the court ultimately dismissed the suit due to non-prosecution by the plaintiff.
Sun Pharmaeutical Industries Limited v.Indkus Nexa
Sun Pharmaeutical Industries Limited filed a civil suit against Indkus Nexa and Indo Himalaiyan Herbs Inc. alleging infringement of its registered trademark VOLINI, copyright violation in its packaging art, and passing off due to the use of 'VOLINEX'. The plaintiff sought permanent injunctions and damages. Ultimately, the dispute was resolved through a memorandum of compromise signed by both parties.
Novartis AG v.Natco Pharma Limited
Novartis AG filed a suit alleging infringement of its Indian Patent No. 229051, which covers a pharmaceutical composition combining Valsartan and Sacubitril. The dispute centered on whether Natco Pharma Limited's product, described as a supra molecular complex, infringed the patented combination.
Lucas Tvs Limited v.Surya Carbons
Lucas Tvs Limited filed a suit against Surya Carbons and other entities alleging trademark infringement, passing off, and copyright violation. The plaintiffs sought perpetual injunctions and damages regarding the use of their trademarks (LION, LUCAS TVS) and distinctive packaging on auto electrical parts. However, before the court could rule on the merits, the plaintiffs chose to withdraw the suit.
Nuziveedu Seeds Limited v.Rallis India Ltdl.
Nuziveedu Seeds Limited challenged an Arbitral Award dated 30.3.2009 under Section 34 of the Arbitration & Conciliation Act, 1996. The dispute centered on a contract for developing transgenic cotton lines ('Suraksha') and the failure to deliver specific genes (Cry-IC standalone). Nuziveedu Seeds sought to set aside parts of the award regarding damages and deliverables.
Hindustan Unilever Ltd v.Babbar
The Bombay High Court disposed of Commercial IP Suit No. 19 of 2021 after both the Plaintiff (Hindustan Unilever Ltd) and Defendant (Babbar) reached a settlement. The suit was decreed in terms of specific prayer clauses, with the Plaintiff agreeing not to press for damages.
Arumugam Rajendra Babu v.Ashok Leyland Limited
Arumugam Rajendra Babu appealed an order dated September 1, 2021, passed in a commercial suit. The appellant sought a direction from the trial court to have the Controller of Patents provide evidence regarding his products and patent distinctions. The High Court dismissed the appeal, holding that it was not maintainable under Section 13 of the Commercial Courts Act, 2015.
Pfizer Inc & Ors v.Triveni Interchem Private Limited & Ors
The plaintiffs, holding patent IN 218291 for Palbociclib, filed an application seeking interim relief against the defendants who were allegedly manufacturing, marketing, and selling infringing products online. The court found prima facie evidence of infringement and passed several ad interim injunctions restraining the parties from further dealing in the patented product.
Merck Sharp And Dohme Corp & Anr v.Harman Finochem Limited
The plaintiffs filed a suit alleging that the defendant was violating and infringing their registered patent (IN 209816) related to Sitagliptin. Despite previous assurances, the plaintiffs presented evidence showing the defendant continued to advertise and export infringing products. The court granted an ex-parte ad interim injunction restraining the defendant from further infringement.
Achira Labs Private Limited v.Dr.Lokanathan R.Arcot
Achira Labs Private Limited filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking temporary injunctions to restrain Dr. Lokanathan R. Arcot from working with competitors or divulging confidential information after his resignation. The court dismissed the petitioner's petition, finding that it did not meet the criteria for granting interim relief, and also dismissed the respondent's counter claim.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Triveni Interchem Private Limited
The plaintiffs filed a suit seeking an ad interim injunction against the defendants for dealing in generic Apixaban product that infringes Indian Patent No. 247381. The court, relying on previous orders regarding the same patent, passed an ex-parte ad-interim injunction restraining the defendants from manufacturing, selling, or distributing the infringing generic product.
SaNOtize Research and Development Corp. v.Lupin Ltd
SaNOtize Research and Development Corp. filed suit against Lupin Limited alleging infringement of its Nitric Oxide Releasing Solution (NORS) technology, breach of confidentiality, and copyright infringement related to its nasal spray product, NONS/ENOVID. The dispute centers on the use of a proprietary dual-chamber delivery system for nitric oxide in medical treatment. The court granted an interim prohibitory injunction against Lupin's Indian arm and manufacturer.
Sotkon Sp Slu v.Western Imaginary Transcon Pvt. Ltd.
The plaintiff, a Spanish company operating in India, filed a suit alleging that the defendants infringed its patented 'Subsurface System for the Collection of Refuse' (IN 329620) and violated its copyrights. The infringement was alleged based on the defendants' tender bid submitted to Gandhinagar Municipal Corporation.
Siddhant Icecreams LLP v.Mind Blowing Naturals LLP
The Plaintiffs, proprietors of the mark NATURAL for ice creams since 1983/84, filed an interim application alleging that Defendants were using a substantially similar mark (MIND BLOWING NATURALS) and infringing their copyrighted logo. The Court found prima facie evidence of confusion and deception.
Pfizer Inc v.Natco Pharma Limited
The court passed several orders regarding various interlocutory applications in the suit filed by Pfizer Inc against Natco Pharma Limited. Specifically, the court granted an undertaking to the defendant that they would provide four weeks prior notice before launching the drug alleged to infringe the patent.
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