India Patent Cases
2,823 decisions indexed
Page 69 of 95 · 2,823 total
Torrent Pharmaceuticals Limited v.Union Of India, Represented By The Secretary, Department For Promotion Of Industry And Internal Trade & Ors.
Torrent Pharmaceuticals Limited filed a Writ Petition seeking to quash certain respondent orders and obtain a declaration that patent IN 235625 has lapsed. The court noted the contention regarding delay and latches, which needs to be decided first.
Tvs Motor Company Limited v.The Controller of Patents
TVS Motor Company Limited appealed the decision of the Intellectual Property Appellate Board (IPAB) which rejected its Patent Application. The appellant argued that the rejection lacked reasoning, failed to consider foreign patent grants for the same invention, and did not properly analyze the prior art cited against the claimed invention. The High Court found the impugned order deficient in reasoning.
Merck Sharp and Dohme Corp & Anr. v.Cleanchem Laboratories Llp
The plaintiffs, owners of Indian Suit Patent IN 209816 for SITAGLIPTIN, filed a suit alleging that the defendant was selling and dealing in SITAGLIPTIN without a license. The court found prima facie evidence of violation and granted an ad-interim ex-parte injunction.
Mr.P.Radhakrishnan v.T.V.S.Motor Company Ltd.
The plaintiff filed a civil suit alleging that the defendant was infringing his Patent No.182682, which covered a specific four-stroke internal combustion engine technology used in vehicles like the TVS Flame -125cc. The plaintiff subsequently moved to withdraw the suit due to his severe health conditions.
M/s.Puravankara Projects Limited v.Saurabh Singh
M/s.Puravankara Projects Limited filed a civil suit seeking permanent injunctions against defendants, including Saurabh Singh, Godaddy India, Google India, M/s.Godaddy.com LLC, and Google Inc. The suit alleged trademark infringement (under No.1185286) and copyright infringement related to the name 'PURAVANKARA' and its artistic label, primarily concerning deceptive use of domain names and websites. Although the initial claims sought damages and injunctions, the plaintiff subsequently instructed their authorized signatory to withdraw the suit as the principal claim had been redressed.
BASF SE v.UPL LIMITED
The plaintiff, BASF SE, filed a suit claiming infringement of its patent (IN-262428) covering the superior anhydrous-II form of the fungicide BOSCALID. The defendant, UPL Limited, appeared and submitted that no valid patent existed for the specific anhydrous-II form at the time they applied for licenses, asserting their use was limited to R&D.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
This case involved multiple Commercial Arbitration Petitions challenging arbitral awards related to a licensing agreement for transgenic Bt. cotton seeds. The petitioner claimed rights to royalty fees and technology transfer, while the respondent defended the award which allowed monetary claims made by them. The Court dismissed all arbitration petitions, finding no patent illegality in the impugned award.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
The petitioners challenged several arbitral awards related to licensing agreements for Bt. cotton seeds, arguing that the respondent failed to transfer technology and was liable to pay royalties. The Bombay High Court dismissed all commercial arbitration petitions, finding no patent illegality or infirmity in the impugned award.
Astrazeneca Ab v.Union Of India
Astrazeneca challenged an order from the Patent Office that directed immediate publication of its granted patent (IN 235625) due to a clerical error. The petitioner argued that this belated direction, after 11 years, would prejudice them by effectively extending the statutory limitation period for post-grant opposition beyond one year as stipulated in Section 25(2).
UPL Limited v.Modern Insecticides Limited
UPL Limited filed a suit alleging that Modern Insecticides Limited was infringing its statutory rights by exporting and intending to manufacture a product covered by patent IN 244551. The composition in question is a synergistic herbicide comprising Metsulfuron Methyl and Sulfosulfuron.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
The case involves a dispute over the enforcement of a Sub-Licence Agreement related to the use of transgenic cotton seeds with Bt. traits. The petitioner claims that the respondent has not fulfilled its obligations under the agreement and has charged excessive trait values. The petitioner and respondent entered into a Special License Agreement for the sale of Bt. cotton seeds. The respondent alleged patent infringement and sought recovery of trait fees, while the petitioner challenged the validity of the SLA under competition law. The petitioner entered into a Sub-Licence Agreement with the respondent for the use of technology and payment of trait fees. Disputes arose regarding the payment of these fees, leading to arbitration proceedings. The respondent claimed unpaid trait fees from the petitioner under a 2015 service level agreement. The arbitral tribunal ruled in favor of the respondent, allowing the monetary claims.
Fmc Corporation & Anr. v.Natco Pharma Limited
The plaintiffs filed a commercial suit alleging infringement by Natco Pharma Limited of their Indian Patents IN 201307 and IN 213332, covering the molecule Chlorantraniliprole (CTPR). The defendant challenged the plaint through various applications. This order addressed these interim applications.
Mount Everest Breweries Limited v.State of Madhya Pradesh
Mount Everest Breweries Limited and United Breweries Limited filed a Writ Petition challenging the inaction of the State of Madhya Pradesh regarding the infringement of their IP rights. The petitioners alleged that unauthorized breweries were illegally using their registered trademarks, designs, and copyrighted artistic features on bottles, often replacing them with products from other manufacturers. This practice was causing significant losses and consumer risk due to faulty bottling. The High Court disposed of the petition by directing the State authorities to take appropriate action and provide a reasoned response to the petitioners' prior representations within sixty days.
Bayer Intellectual Property GmbH & Anr. v.Titan Laboratories Pvt. Ltd.
Bayer Intellectual Property GmbH and its associates filed a suit alleging that Titan Laboratories Pvt. Ltd. was infringing on their patented compound, Rivaroxaban (IN 211300). The plaintiff contended that the defendant was exporting finished pharmaceutical products containing Rivaroxaban to foreign entities in commercial quantities. Despite the lack of domestic launch by the defendant, the court held that such exports constituted 'use in India' under the Patents Act. Consequently, the Delhi High Court granted an ad-interim ex-parte injunction in favor of Bayer.
Astrazenca Ab v.Ajanta Pharma Ltd.
The court heard an application seeking condonation of a 6-day delay by the defendant, which was granted. The court also directed the parties regarding the filing of written statements and clarified the validity dates of the two patents (IN '147 and IN '625) held by Astrazenca Ab.
Astrazenca Ab & Anr v.West Coast Pharmaceuticals Works Ltd.
The Delhi High Court heard the matter concerning suit patents held by Astrazenca Ab & Anr against West Coast Pharmaceuticals Works Ltd. The court addressed the validity dates of the two patents (IN '147 and IN '625) and accepted an undertaking from the defendant that they do not manufacture or sell infringing products related to Dapagliflozin.
Merck Sharp And Dohme Corp. v.Honour Lab Limited
Merck Sharp And Dohme Corp. filed a suit alleging that Honour Lab Limited was infringing their Indian Patent No. 209816, which covers the molecule SITAGLIPTIN (an API for diabetes treatment). The plaintiffs sought interim relief against the defendant's alleged commercial supply of the patented API.
Ms Industries And Spirits P Ltd v.M/S. Allied Blenders And Distillers Pvt ...
This appeal challenged the grant of ex parte ad interim injunctions by the City Civil Court, Hyderabad. The original suit involved allegations of trademark and copyright infringement (passing off) concerning alcoholic beverages, specifically comparing 'Officer's Choice' with 'Manjeera Classic No.1 Whisky'. However, the Telangana High Court did not rule on the merits of the IP dispute but instead focused on procedural lapses. The court found that the lower court failed to record reasons for granting the ex parte injunctions as mandated by law, leading to the setting aside and remittance of the orders.
Ms Industries And Spirits P Ltd v.M/S. Allied Blenders And Distillers Pvt ...
This appeal challenged the grant of ex parte ad interim injunctions by the City Civil Court, Hyderabad. The original suit involved allegations of trademark and copyright infringement (passing off) concerning alcoholic beverages, specifically comparing 'Officer's Choice' with 'Manjeera Classic No.1 Whisky'. However, the Telangana High Court ultimately set aside these injunction orders, finding that the lower court failed to provide reasons for granting the ex parte relief as mandated by law.
Laurus Labs Limited v.Intellectual Property Appellate Board
The petitioner seeks to quash an interim order by the IPAB that stayed the revocation of a patent. The case involves a post-grant opposition filed by the petitioner against the patent granted to respondent No.3.
Sterlite Technologies Limited v.Ztt India Private Limited
The plaintiff sought the discovery of two sets of documents from the defendant: those concerning the manufacturing process of optical fibre and sales data. The court allowed the discovery of sales documents, requiring the defendant to file its audited balance sheet. However, the court denied the immediate necessity of discovering the manufacturing process documents, stating that the initial burden of proof remains with the plaintiff.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors
The case involves a patent infringement dispute where the Plaintiff was granted a permanent injunction and compensation for loss of profits. The Defendants were directed to render accounts of profits and pay a specified amount to the Plaintiff.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Bdr Pharmaceuticals International Pvt. Ltd & Anr.
The plaintiffs filed an application seeking action under Contempt of Court because defendant No.1 submitted a tender offering for the sale of Apixaban, despite a prior interim injunction restraining them from dealing in any infringing product covered by Indian Patent No. IN 247381. The court issued show cause notices to the Chairman and Director of defendant No.1 regarding potential contempt proceedings.
Triumphant Institute Of Management Education Pvt. Ltd. v.Mega Limited & Ors.
The Delhi High Court addressed a copyright infringement suit filed by Triumphant Institute of Management against Mega Limited. The court acknowledged the plaintiff's claims regarding its registered trademark 'TIME' and copyrighted study materials. However, recognizing the intermediary status of the defendant, the court issued an interim order stipulating that the defendant must take down infringing content only upon receiving specific notice (URLs) from the plaintiff, aligning with safe harbor provisions under the IT Act.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors.
The suit was originally filed by Shogun Organics Ltd seeking permanent injunction against infringement of its process patent (IN236630) related to D-TRANS ALLETHRIN. The current application sought permission to sell existing manufactured stock prior to the final judgment. The court allowed the sale but directed the defendants to pay 5% of the sales value and deposit costs.
Merck Sharp & Dohme Corp. v.Angels Pharma India Private Limited
Merck Sharp & Dohme Corp. filed a suit alleging that Angels Pharma India Private Limited was attempting to manufacture and infringe its Indian Patent No. 209816, which covers the drug SITAGLIPTIN. The court found that the plaintiffs had established a prima facie case and granted interim relief.
Sun Mobility Private Limited v.Mr. Arumugam Rajpendra Babu
The appeal challenged an order that appointed a Scientific Advisor to adjudicate a dispute over patent infringement. The plaintiff claimed his patents covered specific EV battery charging systems, while defendants were accused of infringing with 'quick interchange station' technology. The High Court confirmed the single judge's order appointing the Scientific Advisor and dismissed the appeal.
SAP SE v.ERP TRAINING INDIA & ORS.
SAP SE successfully secured a comprehensive interim injunction against ERP Training India and associated parties in the Delhi High Court. The court found prima facie evidence of trademark and copyright infringement related to unauthorized online SAP training courses. Consequently, the defendants were ordered to immediately deactivate websites, domains, email addresses, block specific IP access points, and freeze bank accounts linked to the infringing activities.
Monsanto Holdings Private Limited v.Competition Commission Of India
This appeal challenges a single judge's decision that appellants (Monsanto) were governed by both the Competition Act, 2002, and the Patents Act, 1970. The core dispute revolves around whether competition law proceedings are applicable when patented seeds are involved. The court allowed several applications and issued an interim restraint on the CCI from finalizing its report pending further hearing.
Bayer Intellectual Property Gmbh & Anr v.Morepen Laboratories Ltd
Bayer Intellectual Property Gmbh filed a suit against Morepen Laboratories Ltd alleging infringement of its Indian Patent No. 211300, which covers Rivaroxaban. The defendant admitted to making commercial use before expiry due to a miscommunication regarding the patent's expiration date. Both parties agreed that the suit could be decreed in terms of permanent injunction, leading to the final disposal of the case.
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