India Patent Cases
2,847 decisions indexed
Page 68 of 95 · 2,847 total
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.
Starbucks Corporation v.Mr.Sunil & Ors.
The Delhi High Court decreed the suit in favor of Starbucks Corporation against Defendant No. 5 following a joint settlement agreement. The settlement confirmed that Starbucks owns registered trademarks (STARBUCKS, FRAPPUCCINO) and copyrights in its logos and artistic works. In exchange for a payment of Rs. 37,500/-, the defendant agreed to permanent injunctions restraining them from infringing or misusing these marks and copyrights, including ceasing the sale of counterfeit products.
Pranathmaka Ayurvedics Pvt Ltd v.Cocosath Health Products
This original petition challenged an interim injunction granted by the Commercial Court, Ernakulam, which restrained Pranathmaka Ayurvedics Pvt Ltd from appointing exclusive global marketers and transferring confidential product know-how. The High Court dismissed the petition, holding that since the petitioners had not shown reason for not availing the statutory remedy of appeal under Section 13(1) of the Commercial Courts Act, 2015, it would not interfere with the lower court's order.
Karan Bajaj & Anr. v.Pradeep Poonia
The Delhi High Court granted interim relief in favor of Karan Bajaj & Anr. against Pradeep Poonia, addressing allegations of trademark infringement, copyright violation, defamation, and unauthorized access to confidential business data. The court restrained the defendant from using similar marks like 'WhiteHat Sr' and prohibited him from hacking or circulating the plaintiffs' proprietary curriculum. Furthermore, the judgment mandated the removal of multiple defamatory tweets and YouTube content posted by the respondent.
Astrazeneca Ab & Anr. v.Torrent Pharmaceuticals Ltd., Micro Labs Limited, Zydus Healthcare Ltd., ERIS Lifesciences Ltd., USV Pvt. Ltd., MSN Laboratories Pvt. Ltd.
The plaintiffs sought permanent and temporary injunctions against various defendants for infringing their patents related to Dapagliflozin. The court found that the defendants had laid a credible challenge to the validity of the suit patent, leading the court to decline the grant of interim injunction.
ASTRAZENCA AB & ANR v.AJANTA PHARMA LTD.
The plaintiffs filed a suit alleging infringement of their patent IN '625. The present order addressed the defendant's request for an early hearing, noting that in connected suits, the court had previously declined interim injunctions.
Sulphur Mills Limited v.M/s.Dayal Fertilizers Pvt. Limited
Sulphur Mills Limited appealed against an order that revoked its leave to sue M/s.Dayal Fertilizers Pvt. Limited and others regarding alleged patent infringement (Patent No.282429). The core issue before the Madras High Court was whether the suit fell within the court's territorial jurisdiction, given that the defendants operated outside the state. The court ultimately allowed the appeal, holding that the revocation of leave to sue was incorrect due to jurisdictional concerns.
Sulphur Mills Limited v.M/s.Dayal Fertilizers Pvt. Limited
Sulphur Mills Limited appealed against an order that revoked its leave to sue M/s.Dayal Fertilizers Pvt. Limited and others for alleged infringement of Patent No. 282429. The core issue revolved around whether the court had territorial jurisdiction, given that the defendants operated outside the local limits. The Madras High Court allowed the appeals, restoring the suit to the Commercial Division.
Havells India Limited v.Yash Fans Pvt. Ltd.
Havells India Limited filed a suit against Yash Fans Pvt. Ltd. for infringement of its design and passing off. The parties subsequently reached an amicable settlement, which was recorded by the court.
Unilever Plc. And Anr. v.Ashok Kumar (unknown person/s)
Unilever Plc. filed an interim application seeking ad-interim reliefs against an unknown defendant for the infringement of its registered trade marks (including LAKME and U-Logo), copyrights in artistic works, and passing off related to its FMCG products. The court granted immediate relief, empowering Additional Special Receivers to seize and seal all infringing goods.
Kent Ro Systems Ltd And Anr v.Dilip Kumar Shukla & Ors.
In this ongoing commercial suit concerning alleged infringement and passing off related to Kent RO's products, the court addressed a procedural challenge regarding one of the defendants. The defendant argued that the design right relevant to their involvement had expired, prompting the plaintiff to consider removing them from the case. While no final judgment was reached, the court issued several directions for the completion of pleadings and document exchange.
Dhaval Diyora v.Union of India And Ors
The petitioner challenged the order passed by the Intellectual Property Appellate Board (IPAB) which had directed the Controller to issue a patent to Pfizer Products Inc. The petitioner argued that this order was passed without giving him an opportunity to be heard regarding his pre-grant opposition. The court dismissed the writ petition, finding the petitioner's conduct questionable and holding that the pre-grant opposition was not maintainable in law.
Unilever Plc & Anr. v.Vikas Sachdeva
Plaintiffs, Unilever Plc & Anr., filed an interim application seeking ad-interim reliefs in a suit for infringement of their registered trademarks and copyrights. Plaintiffs alleged that the defendant was clandestinely marketing and selling cosmetic preparations bearing counterfeit marks (LAKME, LAKME 9 to 5, LAKME EYECONIC) and infringing artworks. The court granted an interim order appointing an Additional Special Receiver to seize and seal the infringing goods.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.