India Patent Cases
2,823 decisions indexed
Page 70 of 95 · 2,823 total
Monsanto Holdings Private Limited v.Competition Commission Of India
Monsanto Holdings Private Limited challenged several orders issued by the Competition Commission of India (CCI) concerning allegations of unfair trade practices related to the 'trait fee' charged for using Bt. Cotton technology. The core dispute revolved around the licensing terms and recurring fees imposed by MMBL, a subsidiary in India. The Delhi High Court dismissed the petitions, finding no reason to interfere with the CCI's administrative orders, provided they were not arbitrary or unreasonable.
Merck Sharp & Dohme Corp And Anr v.Oceanic Pharmachem Pvt. Ltd.
The plaintiffs filed a suit alleging that the defendant was infringing their Indian Patent No. 209816, which covers Sitagliptin and its salts. The plaintiff submitted evidence showing the defendant's online presence advertising and selling infringing Sitagliptin Phosphate API in India. Based on this prima-facie case, the court granted an ad-interim injunction restraining the defendant from dealing in the infringing product.
Kamal Kishore Arora v.Central Public Information Officer, Trade Marks Registry
The appellant filed an RTI application seeking detailed particulars of trade mark registration applications that were unlawfully accepted, withdrawn, and the subsequent disciplinary action taken against concerned Examiners. The CPIO initially denied providing certain information citing exemptions under the RTI Act. The Commission found the CPIO's reply misleading regarding complaints received by the organization and directed a revised response.
Pfizer Inc v.Kwality Pharmaceuticals Limited
Pfizer Inc filed a suit against Kwality Pharmaceuticals Limited alleging infringement of two Indian Patents, IN 209251 (Sunitinib) and IN 268331 (Tigecycline composition). The defendants agreed to the permanent injunction and offered compensation. The court decreed the suit in favor of the plaintiffs.
Sungro Seeds Ltd v.Sk Tripathi & Ors
Sungro Seeds Ltd filed a suit alleging that its ex-employees misappropriated confidential information, including parent lines and breeding strategies for its hybrid cauliflower 'Katreena', which was then used by a competitor to market an identical variety named 'Riya'. The core dispute centered on the unauthorized use of trade secrets and unfair competition. However, the Delhi High Court ultimately dismissed the suit, holding that without prior registration under the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act), the plaintiff could not maintain a suit to restrain infringement.
Merck Sharp & Dohme Corp. v.Everest Organics Limited
Merck Sharp & Dohme Corp. filed a suit seeking permanent injunction against Everest Organics Limited for infringing its registered patent No. 209816, which covers the molecule SITAGLIPTIN. The Plaintiffs alleged that the Defendant was developing and preparing to commercialize an infringing product. Based on the prima facie case presented, the Court granted an ad-interim ex-parte injunction.
Pfizer Inc. v.Everest Pharmaceuticals Ltd.
Pfizer Inc. filed a suit seeking permanent injunction against Everest Pharmaceuticals Ltd. for infringement of Indian Patents Nos. 241773 and 218212, which cover Tofacitinib (XELJANZ(R)). The plaintiffs alleged that defendants were illegally manufacturing and selling generic versions under the brand 'TOFAXEN'.
Kanishk Sinha v.Union Of India
The Calcutta High Court disposed of the writ petitions filed by Kanishk Sinha against the Union of India. The court noted that the petitioner's patent application had been accepted online, substantially addressing his grievance.
Merck Sharp & Dohme Corp. v.Achemic Pharmaceuticals (India) Pvt. Ltd.
The plaintiffs, holding patents and licenses for Sitagliptin (under trade names ISTAVEL and ISTAMET), filed a suit alleging that the defendant was manufacturing and selling the drug under the brand name TwoTrack, thereby infringing their patent. The court found that the plaintiffs had made out a prima facie case and granted an ex parte ad interim injunction.
Prof. Dr. Claudio De Simone & Next Gen Pharma India Pvt. Ltd. v.Actial Farmaceutica Srl. (Formerly known as CD Investment Srl.) & Ors.
The plaintiffs, claiming ownership over the 'De Simone Formulation' through patent rights and subsequent Know-How agreements, filed suit against CD Group entities. The core dispute revolved around whether the plaintiff retained proprietary rights (trade secrets) after the initial patent expired in 2015. The court ultimately dismissed the suit, holding that without a valid patent right in India, the plaintiffs lacked a personal cause of action to restrain the defendants from working or selling the formulation.
Merck Sharp & Dohme Corp. v.Triveni Interchem Private Limited
The plaintiff, Merck Sharp & Dohme Corp., filed a suit alleging that the defendant, Triveni Interchem Private Limited, was selling and advertising various compositions of Sitagliptin without taking any license. The plaintiff holds a valid patent for Sitagliptin.
Bharat Bhogilal Patel v.Nokia Corporations & Ors
The appellant filed a Regular First Appeal against a judgment decreeing the suit instituted by the respondent/plaintiff. The original suit declared that the processes and machinery used by the plaintiff did not infringe the appellant's patents (189027 and 188787) and granted permanent injunction restraining the appellant from threatening infringement proceedings. The appeal was dismissed primarily due to the failure of the appellant to prove sufficient cause for condoning the inordinate delay.
Kannur Lulu Sarees And Textiles Pvt. Ltd v.The Controller General Of Patents, Designs and Trademarks Office of the Trade Marks Registry
The Kerala High Court dismissed a Writ Petition filed by Kannur Lulu Sarees And Textiles Pvt. Ltd against various IP authorities, including The Controller General of Patents and Designs. The petitioner sought leave to withdraw the case, which was subsequently granted by the court. This dismissal allows the petitioner to pursue their rights through other appropriate legal channels.
Kanishk Sinha v.Union Of India
The petitioner challenged the validity of a patent by questioning the vires of Section 64 of the Patents Act. The Union of India admitted the stand taken by the petitioner in its affidavit-in-opposition, leading the Calcutta High Court to dispose of the writ petition.
Torque Pharmaceuticals Private Limited v.Emami Limited
This order sheet details an application filed by Emami Limited seeking the transfer of a title suit from the Additional District Judge to the Calcutta High Court. The original suit involved allegations of infringement concerning trademark, passing off, copyright, and design against Torque Pharmaceuticals Private Limited. Citing Clause 13 of the Letters Patent, 1865, and Section 22(4) of the Designs Act, 2000, the court allowed the transfer application.
Astrazeneca Ab & Anr. v.Jigs Chemicals Limited
Astrazeneca sued Jigs Chemicals Limited for infringing its patents covering the anti-platelet drug TICAGRELOR. The plaintiffs claimed that the defendant was commercially advertising and offering to sell API TICAGRELOR. Based on the defendant's admission regarding the exclusive rights under Section 48 of the Patents Act, the court granted summary judgment in favor of Astrazeneca.
Japan Tobacco v.D.Jhamnadas
This Delhi High Court order addresses a complex dispute between Japan Tobacco and D.Jhamnadas, involving multiple IP claims. While the defendant relies on their registered trademark 'CAMEL,' the plaintiff asserts claims based on copyright and passing off. The court allowed the suit to proceed despite the pending Supreme Court appeal regarding the trademark registration, directing both parties to file detailed written submissions.
Genentech Inc And Others v.Drugs Controller General Of India And Others
This case involves an application by Defendant No. 3 seeking to restrict the participation of the plaintiffs' internal expert, Dr. Samir Sagitrao, in the inspection of confidential clinical and pre-clinical test data related to a biosimilar drug. The court ultimately dismissed the applicant's request, emphasizing that defendants have a right to defend the suit without being deprived of opportunity due to non-disclosure.
Radico Khaitan Limited v.Union Of India & Anr
This Delhi High Court judgment addresses a dispute over the exclusive use of the geographical name 'GOA' in relation to gin. Following a partial rectification by the Intellectual Property Appellate Board (IPAB), which limited exclusivity only to the label mark, Radico Khaitan Limited challenged this decision. The court issued an interim order staying the IPAB's judgment, clarifying that the partial rectification does not grant public domain status to the word 'GOA,' thereby protecting the petitioner's statutory rights against third-party misuse.
Telefonaktiebolaget Lm Ericsson (Pub) v.Gionee Communication Equipment Co. Ltd & Anr
The Delhi High Court passed an order in a patent infringement suit concerning several Ericsson patents related to 2G, EDGE, and 3G technology. The court framed issues regarding whether the patents are Standard Essential Patents (SEPs), whether there is infringement by Gionee, and whether the plaintiff complied with FRAND commitments.
Lupin Ltd. v.Union Of India And Ors.
Lupin Ltd. challenged the NPPA's stance that it should have sought prior permission before launching an FDC drug (Empagliflozin and Metformin Hydrochloride), relying on a product patent exemption under Para 32(i) of DPCO, 2013. The court recognized the legal ambiguity regarding whether prior approval or mere intimation is required to avail this exemption.
Cde Asia Limited v.Jaideep Shekhar & Anr.
Cde Asia Limited filed a suit seeking permanent injunction against Jaideep Shekhar and others for infringing its patent (No. 307249) and registered design (No. 262629) related to material classification systems used in mining and sand aggregate production. The defendant challenged the plaint, arguing that the suit was premature as it was filed before the one-year period required for post-grant opposition under Section 25(2) of the Patents Act had lapsed. Additionally, the defense contested the court's territorial jurisdiction. The High Court dismissed the application challenging the plaint, allowing the infringement suit to proceed.
Roche Products (India) Private Limited v.Cadila Healthcare Limited
The plaintiffs, including Roche Products and F. Hoffmann-La Roche, challenged the validity of drug approvals granted by the DCGI and DoB to Cadila Healthcare Ltd. for its biosimilar product 'Trastuzumab'. The core legal issue was whether the suit was maintainable given the regulatory framework, specifically concerning appeal provisions under the Drugs Rules.
M/s.ADD PRINT [INDIA] ENTERPRISES PRIVATE LIMITED v.M/S.LAMBA MARKETING SYSTEMS AND M/S.LAMBA STAMPS AND SIGNS
This civil suit was filed alleging infringement of the plaintiff's registered trademarks ('SUN STAMPER') and designs (Box type pre inked rubber Stamp, Reg. No. 207586) by the defendants using 'STAMP ONE'. The plaintiff sought perpetual injunctions and damages against the alleged infringers. However, despite multiple opportunities to depose its witness over a period of nearly twelve years, the plaintiff failed to appear in court.
Novartis Ag v.Sun Pharmaceutical Industries Ltd
The plaintiffs own the patent for the compound 'NILOTINIB', which is valid until July 4, 2023. The defendant announced the launch of a product based on NILOTINIB, which the plaintiffs claim infringes their patent.
Trulines Technologies Through Ashish Kuashikbhai Patel v.State Of Gujarat
Trulines Technologies challenged the investigation process, arguing that the machines were not analyzed by a government-recognized expert qualified under the Patent Act. The court examined the validity of the existing report and the expertise of the person who conducted the examination.
Kanishk Sinha v.The State Of West Bengal & Ors.
Kanishk Sinha filed a title suit seeking accounts, delivery of products, and permanent/mandatory injunction against defendants for infringing his patent rights related to eco-friendly e-rikshaws. The trial court dismissed the application for temporary injunction on grounds including lack of territorial jurisdiction and failure to comply with Section 80(2) CPC. This appeal challenged the impugned order.
Essdee Industries Through Proprietor Sridhar Velangi v.Esbee Electrotech LLP
This Civil Writ Petition was filed by Essdee Industries against Esbee Electrotech LLP, challenging a previous court order. The impugned order allowed the respondent/plaintiff to conditionally withdraw their composite suit, granting them the liberty to file two separate suits concerning alleged trademark and design infringement of their rights. The Bombay High Court proceeded with issuing notice in this appeal.
The Indian Express (P) Ltd. And 2 Others v.Prashant Goenka And 11 Others
The Bombay High Court addressed a contempt petition alleging breach of an interim order concerning the use of 'INDIAN EXPRESS' trademarks and Ramnath Goenka's copyrighted photographs. After the respondents unconditionally apologized for the inadvertent breaches, the court directed digital platforms (YouTube and Facebook) to remove specified infringing URLs. The primary contempt petition was thus disposed of, while a separate application seeking rejection of the plaint against one defendant was remanded for further hearing.
Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Bdr Pharmaceuticals International Pvt. Ltd. & Anr.
The plaintiffs, owners of Patent IN-381 covering the molecule APIXABAN (Eliquis®), filed a suit against Bdr Pharmaceuticals for allegedly manufacturing and intending to supply generic versions of this patented drug. The court considered arguments regarding infringement and the validity of the patent based on prior art documents submitted by the defendant.
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.