India Patent Cases
2,823 decisions indexed
Page 67 of 95 · 2,823 total
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.
Societe D Elastographie v.N.W. Overseas Pvt. Ltd.
The plaintiffs filed a suit alleging infringement of Indian Patent No. 244875 by the defendants. The patent's validity lapsed in February 2020, affecting the need for interim relief.
Centrient Pharmaceuticals Netherlands B.V. v.Dalas Biotech Limited
The plaintiffs filed an application seeking discovery through interrogatories in a suit alleging infringement of their patent for Amoxicillin Trihydrate. The plaintiffs argued that the defendant's process description was ambiguous and evasive, hiding the use of immobilized enzymes and specific acids. However, the court dismissed the application, finding it amounted to a roving inquiry and stating that the issues could be addressed through cross-examination.
The Bhor Chemicals And Plastics Private Ltd v.Amol K Patil & Anr
The Plaintiff filed a suit seeking protection of its confidential information and proprietary industrial technology/trade secrets, alleging that Defendant No. 1 (a former employee) stole samples and passed on this confidential information to Defendant No. 2. The court heard the interim application for ad-interim reliefs.
Unilever Plc v.Pawan Saini
Plaintiffs, Unilever Plc, filed a suit alleging infringement of their registered trademarks (SURF/SURF EXCEL) and copyrights related to detergent packaging by the defendant. The plaintiffs presented evidence of counterfeit goods bearing slavish imitations of their marks and artworks.
Unilever Plc v.Ashok Kumar (Unknown Person)
Plaintiffs, Unilever Plc, filed an interim application seeking ad-interim reliefs against the defendant, Ashok Kumar (an unknown person), for infringement of their registered trademarks and copyrights, combined with an action for passing off. The plaintiffs alleged that the defendant was marketing and selling counterfeit goods using pirated artworks of SURF EXCEL detergent preparations.
Xotik Frujus Pvt. Ltd. v.Visat Beverages (Od)
The plaintiff, Xotik Frujus Pvt. Ltd., filed an interim application alleging that the defendant, Visat Beverages (Od), was infringing its registered trademarks and copyright related to its popular fruit drink 'JEERU'. The plaintiff argued that the defendant's product bore a slavish imitation of the plaintiff's mark and label. The court granted temporary relief in the form of an injunction and appointed a Court Receiver.
Pharmacyclics Llc. v.Alkem Laboratories Ltd.
The Delhi High Court addressed a commercial suit filed by Pharmacyclics Llc. against Alkem Laboratories Ltd., alleging infringement of Patent IN 262968. The court noted that the plaintiffs had other related suits pending before different benches regarding the same patent. Consequently, the court ordered the listing of the current suit for further consideration.
H Lundbeck A/S v.Hetero Drug Ltd.
The plaintiffs alleged that the defendants were infringing their patent (IN 227963) by manufacturing and exporting substantial quantities of the anti-depressant drug Vortioxetine. The court found a prima facie case in favour of the plaintiffs, considering the allegations of export and potential use under Section 107 of the Patents Act.
Merck Sharp & Dohme Corp. v.Achemic Pharmaceuticals (India) Pvt. Ltd.
The commercial suit for patent infringement regarding the drug Sitagliptin was settled between Merck Sharp & Dohme Corp. (Plaintiffs) and Achemic Pharmaceuticals (India) Pvt. Ltd. (Defendant No. 1). The court accepted the settlement, decreeing the suit in favour of the plaintiffs against Defendant No. 1.
Browns and More India Pvt. Ltd. v.Brown Wall Foods Pvt. Ltd. & Ors.
The applicant/plaintiff filed an interim application against the defendants. The court heard arguments and accepted a statement from the counsel for defendant nos. 1 to 3 that the FIR registered on their behalf, which formed the basis of the suit invoking Section 60 of the Copyrights Act, 1957 read with 106 of Patents Act, would not be pursued.
M/S Sami -Sabinsa Group Limited v.Union Of India
M/S Sami-Sabinsa Group Limited filed a writ petition seeking an interim order to stay the execution of a notice and requesting that respondents refrain from opposing their pending patent applications. The court subsequently granted leave for the petitioners to withdraw the petition.
Mr. Hemant Bandodkar v.Vertellus Speciality Materials (India) Pvt.Ltd.
The court disposed of two interim applications by consent. The primary order mandated the appointment of a Local Commissioner, appointed by IIT Bombay, to inspect Defendant No.1's plant and document its manufacturing process layout and machinery, which is claimed to be confidential proprietary information/trade secret. Additionally, the application seeking condonation of delay in filing a Written Statement was allowed.
Interdigital Technology Corporation & Ors. v.Xiaomi Corporation & Ors.
Interdigital Technology Corporation sued Xiaomi alleging infringement of several Standard Essential Patents (SEPs). The current judgment addresses an interlocutory application regarding the establishment and structure of a Confidentiality Club necessary for handling commercially sensitive documents during the patent infringement proceedings. The Court constituted the club, accommodating Xiaomi's objection to a 'two-tier' system.
Essdee Industries Through Proprietor v.Esbee Electrotech LLP
This writ petition challenged an order by the District Court that allowed the plaintiff to withdraw a composite suit involving claims of trademark/passing-off infringement and registered design infringement. The defendant argued that raising a defense under Section 19 of the Designs Act mandated the transfer of the entire suit to the High Court. However, the Bombay High Court held that since the plaintiff sought withdrawal—not further prosecution—the District Court retained its jurisdiction to permit the split. The court clarified that while Section 22(4) governs the continuation of the suit upon raising a cancellation defense, it does not prevent the court from allowing the plaintiff to withdraw and file separate suits for distinct causes of action.
Chutraram Nemaram Gehlot v.Rajaram Magharam Tak
The Plaintiff filed an interim application seeking ad-interim relief against the Defendant for infringement of registered Trade Marks ('Prem Dulhan') and copyrighted artistic work ('PREM DULHAN GREEN LABEL'). The court found prima facie evidence establishing that the Defendant's use of 'DABANG DULHAN' is deceptively similar to the Plaintiff's established marks. Consequently, the court granted an ad-interim injunction.
Dexpo Intelectual Properties Services Ltd. v.Nilesh Patel
The dispute between Dexpo Intelectual Properties Services Ltd. and Nilesh Patel was amicably settled through Consent Terms dated 26th November, 2020. Both parties agreed to the terms, leading the court to allow the Leave Petition (L) No.9822 of 2020.
Koninklijke Philips N.V. v.Xiaomi Inc & Ors.
Koninklijke Philips N.V. filed a commercial suit alleging infringement of its patents concerning UMTS enhancement (HSPA, HSPA+) and LTE technologies used in mobile phones by Xiaomi Inc & Ors. The court issued several orders regarding interim applications, including granting an ad-interim injunction request and directing the defendants to maintain Rs. 1000 crores in bank accounts.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner filed a writ petition challenging the Deputy Controller of Patents and Designs' order passed during Pre-Grant Opposition under Section 25(1) of the Patents Act. The respondent argued that the patent was already registered and other remedies, including Post-Grant Opposition, were available.
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