India Patent Cases
2,847 decisions indexed
Page 67 of 95 · 2,847 total
Ashique Exports (P) Ltd. v.Safaana Cosmetics & Perfumes
Ashique Exports (P) Ltd. filed a suit against Safaana Cosmetics & Perfumes alleging copyright infringement and passing off related to their bathing soap packaging. The plaintiff claimed that the defendant used an identical colour scheme, trade dress, and deceptively similar artistic work on its product 'ISIE', mimicking the successful brand 'IVA'. After examining the evidence, the Madras High Court found that the defendant had encroached upon the plaintiff's intellectual property rights. Consequently, the court decreed the suit in favor of Ashique Exports, granting permanent injunctions and directing the destruction of infringing stock.
Novartis Ag v.Windlas Biotech Pvt Ltd
The case involves a patent infringement dispute where Novartis AG claims that Windlas Biotech Pvt Ltd is infringing on their Indian Patent No. 229051 related to a pharmaceutical composition comprising Sacubitril + Valsartan. The court has previously issued an interim order restraining the defendants from using the infringing product.
Novartis Ag v.Eris Lifesciences Limited
The case involves a patent infringement dispute where Novartis AG claims that Eris Lifesciences Limited is infringing on their Indian Patent No. 229051 related to a pharmaceutical composition comprising Sacubitril + Valsartan.
H. Lundbeck A/S v.Hetero Drugs Limited
The suit sought an injunction against Hetero Drugs Limited concerning Indian Patent 227963 for Vortioxetine Hydrobromide. The parties reached a settlement regarding IA No. 2333/2021, allowing the defendant to export products under Section 107A of the Patents Act, provided strict conditions are met.
Merck Sharp And Dohme Corp v.Indilina Pharmaceuticals
Merck Sharp & Dohme Corp (Plaintiff) filed a suit seeking an injunction against Indilina Pharmaceuticals (Defendant) for infringing their patent (IN'816) covering the compound Sitagliptin. The Plaintiffs alleged that the Defendant was offering tablets of Sitagliptin for sale in tenders. The Court granted interim relief restraining the Defendant from any infringing activities and directed disclosure of profits.
Diva Enterprises (P) Ltd v.Institute Of Medico Legal Publication (P) Ltd.
The appeal challenged the dismissal of the appellant's application under Section 8 of the Arbitration and Conciliation Act. The appellant argued that the contractual dispute, seeking damages and injunction, was arbitrable. However, the High Court held that since the reliefs sought were primarily based upon Intellectual Property Rights (IPR), the dispute was non-arbitrable.
Novartis Ag v.Eris Lifesciences Limited
The plaintiffs seek an injunction to restrain the defendant from manufacturing and selling a pharmaceutical composition that allegedly infringes their patent.
H. Lundbeck A/S v.Hetero Drugs Limited
The dispute involves H. Lundbeck A/S challenging Hetero Drugs Limited's export activities, which are claimed by the defendants to be permissible under Section 107A of the Patents Act for R&D purposes. The court issued an interim order allowing the defendants to continue exports to seven specified entities while addressing objections raised by the plaintiff.
Larsen & Toubro Limited v.Radheshyam Singh
The plaintiffs (Larsen & Toubro Limited and General Industrial Controls Private Limited) filed a suit alleging that the defendants were infringing their trademarks (including Larsen & Toubro, L&T, LT, etc., and GIC/GIC) and violating copyrights related to their product labeling. The court found the defendants guilty of infringement and passing off.
Unilever Plc v.Radhe Cosmetics
The Bombay High Court passed an interim application order, confirming a previous order and granting a temporary injunction. The injunction restrains Radhe Cosmetics from manufacturing or trading cosmetic preparations using marks or trade dress deceptively similar to Unilever's registered trademarks (like LAKME NINE TO FIVE) and copyrighted artistic works.
H. Lundbeck A/S v.Hetero Drugs Limited
H. Lundbeck A/S filed a suit against Hetero Drugs Limited regarding alleged infringement of Patent IN227963, which covers Vortioxetine Hydrobromide. During the hearing, the defendants asserted that they were not commercially launching any product and were using the substance solely for regulatory and R&D purposes.
B4U Television Network India Limited v.Jay Shree Praveen Enterprises And Ors
The Bombay High Court addressed an Interim Application filed by B4U Television Network India Limited concerning the pending Commercial IP Suit. The court noted that some defendants had not yet been served and directed the plaintiff to complete service at the earliest.
Unilever Plc v.Sovereign Chemicals And Cosmetics
The dispute involved allegations that the Defendant was illicitly using the Plaintiff's statutory and common law rights, including trademarks, trade dress, and copyright in label artwork. The Defendant claimed a license from a proprietor in Saudi Arabia.
Unilever Plc v.Sovereign Chemicals And Cosmetics
The Plaintiff (Unilever Plc) filed suit alleging that the Defendant was illicitly using its trademark, trade dress, and copyrighted artwork on rival products. The court found prima facie evidence of violation, noting that the defendant's claim of an international license did not negate infringement rights in India.
Unilever PLC v.Sovereign Chemicals & Cosmetics
Unilever PLC filed an IP suit against Sovereign Chemicals & Cosmetics alleging infringement of its trademark, copyright, and common law rights related to product labeling and trade dress. The defendant claimed they were operating under a license in Saudi Arabia. The court found the use illicit but allowed the defendant to proceed by accepting their submission regarding the prayer clause.
Merck Sharp And Dohme Corp & Anr v.Actis Generics Pvt Ltd
The Plaintiffs, Merck Sharp & Dohme Corp. and Sun Pharmaceutical Industries Ltd., filed a suit seeking an injunction against Actis Generics Pvt Ltd for infringing Patent No. IN'816, which covers the compound Sitagliptin. The court examined the prima facie case and found that the Defendant was distributing and selling infringing Sitagliptin API without authorization.
Xotik Frujus Pvt Ltd v.Kishan Hirji Gothi Sole Proprietor Of Bubalus Beverages
Xotik Frujus Pvt Ltd filed a Commercial IP Suit against Kishan Hirji Gothi for alleged infringement. The Defendant submitted to the decree terms, leading the Court to dispose of the suit in favor of the Plaintiff.
Viacom 18 Media Pvt. Ltd. v.Dag Creative Media Pvt. Ltd.
Viacom 18 Media Pvt. Ltd. filed a Leave Petition in the Bombay High Court against Dag Creative Media Pvt. Ltd. The court initially granted leave for the petition. Furthermore, the petitioner sought permission to amend their plaint to accurately describe the nature of the commercial suit. The bench allowed this amendment, allowing the litigation to proceed with corrected pleadings.
Hero Electric Vehicles Private Limited v.Lectro E-Mobility Private Limited
This case involved a dispute between Hero Electric Vehicles Private Limited and Lectro E-Mobility Private Limited concerning the alleged infringement of the 'Hero' trademark on electric bikes. The plaintiffs sought a permanent injunction against the defendants for passing off and unauthorized use of similar marks. However, the core legal battle revolved around whether the contractual disputes arising from the Family Settlement Agreement (FSA) and Trade Mark and Name Agreement (TMNA) were subject to arbitration.
Shree Shyam Snacks Food Pvt. Ltd. v.Rajesh & Ors.
The Delhi High Court addressed an appeal filed by Shree Shyam Snacks Food Pvt. Ltd. challenging a lower court's refusal to grant an ad interim injunction. While noting the appellant's claims of prior use of its trademark and copyright registration on its packaging, the Court ultimately decided not to interdict proceedings at that stage. Instead, it directed the District Judge to expedite the hearing of the interlocutory application, ensuring the matter moves forward promptly.
Eli Lilly And Company v.Natco Pharma Limited
This case involved a suit for alleged patent infringement. The defendants filed applications seeking condonation of delay in filing their written statements, citing difficulties caused by the COVID-19 pandemic and general disruptions to legal processes. The court allowed these applications, condoning the delay.
Astrazeneca Pharma India Limited v.The National Pharmaceutical Pricing Authority & Ors.
Astrazeneca challenged several orders and notifications issued by NPPA regarding overcharging on its drug, OSIMERTINIB (TAGRISSO). The petitioner argued that the drug is patented and qualifies for a five-year exemption from price controls under DPCO, 2013. The Court directed NPPA to reconsider the matter afresh after taking into account the data supplied by the petitioner.
A.R.Safiullah v.Sri Ayyappan Fine Arts
A.R.Safiullah filed a civil suit against Sri Ayyappan Fine Arts and others, alleging infringement of his intellectual property rights. The plaintiff sought permanent injunctions based on Patent No. 198079 (for food-grade laminated paper) and Design No. 182931 (for artificial laminated banana leaves). Furthermore, the suit claimed passing off related to trade dress imitation. However, before a final judgment could be delivered, the plaintiff formally withdrew the civil suit.
A.R.Safiullah v.Sri Ayyappan Fine Arts
A.R.Safiullah filed a civil suit against Sri Ayyappan Fine Arts and others, alleging infringement of his intellectual property rights. The plaintiff sought permanent injunctions based on Patent No. 198079 (for food-grade laminated paper) and Design No. 182931 (for artificial laminated banana leaves), as well as claims of passing off. However, before the court could rule on the merits of the infringement claims, the plaintiff formally withdrew the civil suit.
Plaintiff No. 1 v.Defendants
The plaintiffs, owners of two patents covering the compound LINAGLIPTIN and its derivatives, filed a suit alleging that the defendants were manufacturing LINAGLIPTIN tablets under the brand name BRLENTA-5 without consent. The court found a prima facie case for injunction.
Minbimbangal Productions (P) Ltd and E9 Intrakt v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunctions under the Trademarks Act, 1999, and the Copyright Act, 1957. The plaintiffs sought to prevent the defendant from using the title 'Vidathu Karuppu' or any deceptively similar title for their motion picture. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai', leading the plaintiffs to withdraw the suit.
M/s.Kumbhat Holographics v.The Government Of Tamil Nadu
The appellants challenged the tender terms set by the Tamil Nadu State Marketing Corporation Ltd for producing polyester based hologram excise labels. They argued that the technical specifications favored a specific patented technology, leading to limited participation and vitiating the public tendering process. The High Court found merit in this challenge, quashing the tender but allowing Uflex (the awarded vendor) to continue work temporarily.
Merck Sharp And Dohme Corp v.Chiral Biosciences Limited
The plaintiffs, Merck Sharp And Dohme Corp, filed a suit alleging infringement of their Indian Patent No. 209816 covering Sitagliptin, a DPP-4 inhibitor used to treat Diabetes Mellitus Type II. The court issued an order granting an ex parte ad interim injunction restraining the defendant from manufacturing or dealing in infringing products until further hearing.
Kanjibhai Ishwarbhai Patel & Ors. v.Jafar Ali
This appeal was filed by Kanjibhai Ishwarbhai Patel & Ors. challenging an ex parte ad-interim injunction granted by the Commercial Court in a suit for patent infringement. The appellants argued that the Commercial Court had incorrectly applied parameters suitable for trademark infringement, constituting a jurisdictional error. They also raised concerns regarding procedural lapses and prior litigation history which prejudiced their case. Despite finding merit in the contentions, the High Court decided to allow the matter to proceed before the Commercial Court to ensure a fair hearing on the interim relief application.
Unilever Plc. v.Ashok Kumar (Unknown Person)
The court considered an Interim Application filed by Unilever Plc. against Ashok Kumar regarding patent infringement. The Court granted leave to amend the pleadings, noting that infringing goods were being marketed by a third party (Sunil Garg). Consequently, an ad-interim order was passed under Clause XIV of the Letter Patent.
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