India Patent Cases

2,823 decisions indexed

Page 73 of 95 · 2,823 total

patent plaintiff favorable · Jun 18, 2019

Oramed Ltd. v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · W. P. No.9575 (W) of 2019

Oramed Ltd. challenged a decision dated February 25, 2019, made under Section 15 of the Patents Act, 1970. The petitioner argued that the adjudicating authority erred by proceeding on Section 3(d) instead of Section 3(e), and that the order was based on conjectures rather than conclusive findings. The court found infirmities in the impugned order.

patent mixed · Jun 11, 2019

Anurag Sanghi v.M/S Knitpro International

Delhi High Court · TR. P. (C) No.93/2018 & TR. P. (C) No.94/2018

This Delhi High Court judgment addresses a request by Anurag Sanghi to consolidate several related intellectual property suits. The petitioner sought to have three separate suits—one for design infringement (CS 867/2018), one for passing off (TM No.178/2017), and one for copyright infringement (TM No.179/2017)—tried together in a single court. The Court held that since the causes of action are based on the same facts—the sale or offer for sale of rival knitting needles—they must be tried jointly to prevent multiplicity of proceedings, citing precedents like Carlsberg Breweries A/S.

patent plaintiff favorable · Jun 10, 2019

Hindustan Unilever Ltd. v.Meera Soap Works

Bombay High Court · 906-NMCDL-1207-2019

Hindustan Unilever Ltd. filed a suit against Meera Soap Works alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent label. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued perpetual injunctions.

patent In favor of Plaintiff · May 31, 2019

Sterlite Technologies Limited v.Ztt India Private Limited

Delhi High Court · CS(COMM) 314/2019; IA No.8386/2019; IA No.8389/2019; IA No.8390/2019

The plaintiff has sued for a permanent injunction restraining the defendant from infringing its patents related to optical fibre technology. The court is considering interim arrangements to balance the rights of both parties until a final determination is made.

patent plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · COMMERCIAL IP SUIT (L) NO.573 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyright in the SUNLIGHT label artwork and passing off through the use of deceptively similar trade dress and label marks by the Defendant's product, MEJOL. The Bombay High Court granted leave to appeal and decreed the suit.

patent plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · COMMERCIAL IP SUIT (L) NO.573 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent brand. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

patent plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · COMMERCIAL IP SUIT (L) NO.573 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork (SUNLIGHT) and passing off through the use of deceptively similar labels and trade dress (MEJOL). The Bombay High Court granted leave to appeal, decreed the suit in favor of the plaintiff, and issued perpetual injunctions.

patent plaintiff favorable · May 21, 2019

Hindustan Unilever Limited v.Halberd Chemicals

Bombay High Court · COMMERCIAL IP SUIT (L) NO. 560 OF 2019

Hindustan Unilever Limited filed a suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress, registered trademarks (Nos. 1486109, 1780462, 1486107), and passing off using its well-known logo. The Bombay High Court decreed the suit in favor of the Plaintiff.

patent plaintiff favorable · May 21, 2019

Hindustan Unilever Limited v.Halberd Chemicals

Bombay High Court · COMMERCIAL IP SUIT (L) NO. 560 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress and registered trademarks. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit, granting perpetual injunctions against the defendant for infringing these rights and passing off.

patent settled · May 16, 2019

Sulphur Mills Limited v.Crop Life Science Limited

Madras High Court · C.S.(Comm) No.306 of 2019 & O.A.No.484 of 2019 & A.No.3425 of 2019

Sulphur Mills Limited filed a suit against Crop Life Science Limited alleging infringement of its patented agricultural composition (Patent No. 282429). The parties subsequently reached a compromise and settled their disputes before the Madras High Court.

patent remanded · May 16, 2019

The Regents Of The University Of California v.Union Of India & Ors.

Delhi High Court · W.P.(C) 1163/2017

The petitioner challenged the Assistant Controller's decision to reject its patent application for 'Enzalutamide', citing lack of inventive steps. The petitioner further argued that the rejection was vitiated because the Controller failed to address or refer to crucial expert affidavits and scientific documents presented during the proceedings.

patent plaintiff favorable · May 15, 2019

Unilin Beheer B.V. v.Balaji Action Buildwell

Delhi High Court · CS(COMM) 1683/2016 & CC(COMM) 38/2018

The plaintiff filed a suit for permanent injunction against infringement of Patent No.193247, but since the patent had lapsed, the suit was pursued only for damages. The defendant filed a Counter Claim seeking revocation of the subject patent. The core legal issue addressed by the court was whether the written statement to the Counter Claim could be taken on record despite not being accompanied by an affidavit of admission/denial within the stipulated time.

patent plaintiff favorable · May 10, 2019

Hindustan Unilever Limited v.Anil Chemicals

Bombay High Court · 477 of 2019

Hindustan Unilever Limited filed a suit against Anil Chemicals alleging infringement of its copyrighted artistic labels (WHEEL) and passing off through the use of deceptively similar artworks/trade dress (SURYA) on detergent products. The parties reached a settlement, leading to the court decreeing the suit.

patent plaintiff favorable · May 6, 2019

Eisai Co. Ltd. v.Satish Reddy

Delhi High Court · CS(COMM) 1169/2018 & I.As. 13934/2018

The plaintiffs, holding exclusive rights to Indian Patent No. 215528 for Lorcaserin, filed a suit seeking permanent and interim injunction against the defendants who were planning to commercialize an infringing drug (LHH). The court found that there was a prima facie case of infringement in favor of the plaintiff.

patent mixed · Apr 22, 2019

Bayer Corporation v.Union Of India & Ors.

Delhi High Court · LPA No.359/2017; RFA(OS)(COMM) 6/2017

This judgment addresses the interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision. The court examined whether patented products could be exported for clinical trials and regulatory submissions outside India without constituting patent infringement. The bench affirmed that sale or use under Section 107A is legal both domestically and abroad, provided the end purpose is reasonably related to research and development for regulatory compliance. Furthermore, the judgment clarified that disputes regarding the legitimate scope of this exemption should be adjudicated in civil suits rather than public law proceedings like writ petitions.

patent plaintiff favorable · Apr 22, 2019

Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.

Bombay High Court · COMMERCIAL IP SUIT NO.599 OF 2019

Hindustan Unilever Limited filed a suit against Shree Shyam Udyog for infringing its registered trade marks (SUNLIGHT) and copyrighted artistic packaging/trade dress. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit.

patent plaintiff favorable · Apr 22, 2019

Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.

Bombay High Court · COMMERCIAL IP SUIT NO.599 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringing its trade marks (SUNLIGHT) and copyrights related to detergent packaging. The court granted leave under the Letters Patent Act and decreed the suit, issuing permanent injunctions.

patent interim order · Apr 19, 2019

Ceat Limited v.Ambika Rubber Industries and others

Bombay High Court · 920-NMCDL-799-2019

The petitioner, Ceat Limited, filed a suit alleging infringement of its trademark CEAT and copyright in its original artistic work and trade dress. The court had previously granted ex-parte ad-interim relief. On this date, the defendants repeatedly failed to file their affidavits or appear before the court despite multiple adjournments, leading the court to pass an order directing them to appear on a specific future date while continuing the existing interim orders.

patent settled · Apr 16, 2019

Retail Royalty Company and AEO Management Co. v.BV Quality Certification Private Limited and Kesharia Agencies (Madras)

Madras High Court · Civil Suit (Comm. Div.) No.153 of 2019

This civil suit was filed by Retail Royalty Company and AEO Management Co. against BV Quality Certification Private Limited and Kesharia Agencies (Madras) seeking perpetual injunctions for infringing their registered mark 'Eagle' and committing copyright violations. The plaintiffs sought relief including damages, surrender of materials, and a preliminary decree for accounts of profits. However, the parties subsequently reached an amicable settlement.

patent plaintiff favorable · Apr 16, 2019

Hindustan Unilever Ltd. v.Jayalakshmi Enterprises

Bombay High Court · CMIP Suit No. 564 of 2019 / Notice of Motion No. 1043 of 2019

Hindustan Unilever Ltd. filed a commercial IP suit against Jayalakshmi Enterprises alleging infringement of its trademarks, copyrights, and trade dress concerning its detergent products. The court granted the injunctions sought by the plaintiff, restraining the defendant from using infringing marks or artwork.

patent interim order · Apr 16, 2019

Piramal Enterprises Limited v.Chemiloids and others

Bombay High Court · 911-NMS-1744-2015

The dispute concerns the alleged unauthorized use of confidential information, specifically a Standard Operating Procedure (SOP), by Chemiloids and others in the process of extracting SI containing X-X% of 7-HF. The court appointed the Department of Chemical Engineering, IIT Madras, as an Expert Commissioner to compare the processes used by both parties.

patent plaintiff favorable · Apr 10, 2019

Pharmacosmos Holding A/S v.La Renon Healthcare Private Limited & Anr

Delhi High Court · CS(COMM) 146/2019

Pharmacosmos Holding A/S filed a suit for infringement against La Renon Healthcare Private Limited and others regarding Patent No. 291100 ('RAPIFER'). The court granted permanent injunction against Defendant No. 1 based purely on the defendant's binding statement, despite disputes over the plaint's merits. Similarly, the suit against Defendant No. 2 (Corona Remedies Pvt. Ltd.) was disposed of by binding them to their reply stating they were not infringing.

patent remanded · Apr 5, 2019

Natco Pharma Ltd v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · W.P. No. 7470 (W) of 2019

Natco Pharma Ltd challenged the actions of the Controller regarding a pending patent application (No. 3865/KOLNP/2007). The petitioner argued that since the Controller had reserved judgment without deciding on their request for cross-examination, they would be seriously prejudiced if the patent was granted without hearing their objections fully. The Court ruled that in adversarial proceedings before the Controller, the right to cross-examine is an indefeasible right under natural justice.

patent plaintiff favorable · Apr 5, 2019

J. C. Bamford Excavators Ltd v.Union Of India And Ors.

Delhi High Court · W.P.(C) 6103/2018 & CM APPLN. 23703/2018

The petitioner challenged the Deputy Controller of Patents and Designs' order that revoked Patent No. 251037, citing lack of disclosure regarding ongoing civil suit and a PCT application in Australia. The court found the revocation unjustified, noting that the civil dispute had settled and the respondent had withdrawn the post-grant opposition.

patent plaintiff favorable · Apr 4, 2019

Dart Industries Inc. v.K.K.Plastics

Madras High Court · Civil Suit No.248 of 2015 and Application No.2638 of 2019

Dart Industries Inc. filed a civil suit against K.K.Plastics and others, alleging infringement of its registered bottle and cap designs (Registration Nos. 221424 and 221425) and passing off related to its 'Aquasafe' brand. The plaintiffs sought permanent injunctions against the defendants for manufacturing or selling imitative products. Given that the defendants failed to appear and contest the suit, the Madras High Court passed a summary judgment in favor of Dart Industries Inc., confirming the infringement claims.

patent settled · Apr 2, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.ALAMELU MANGA OIL COMPANY

Madras High Court · Civil Suit (Comm. Div.) No.130 of 2019

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.ALAMELU MANGA OIL COMPANY alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was using deceptively similar trade dress, color scheme, and get up with the mark 'SUN F GOLD' on packing material for refined sunflower oil. Although the suit sought permanent injunctions and accounts of profits, the parties ultimately entered into a compromise.

patent settled · Mar 25, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.Lakshmi Traders

Madras High Court · Civil Suit No.129 of 2019

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.Lakshmi Traders alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was deceptively using similar trade dress and color schemes on packaging for refined sunflower oil. However, during the proceedings, both parties reached a compromise. The court subsequently decreed the suit based on the Joint Memo of Compromise, ensuring the defendant would cease using the offending mark.

patent interim order · Mar 18, 2019

Kewal Kiran Clothing Limited v.Rupam Garments

Bombay High Court · COMIP (L) NO. 302 OF 2019 / NOTICE OF MOTION (L) NO. 589 OF 2019

The petitioner filed a Notice of Motion against the respondent in the Commercial Division of the Bombay High Court. The court granted leave and directed the defendant to appear on a specific date along with relevant invoices, while maintaining the existing interim protection.

patent plaintiff favorable · Mar 13, 2019

Merck Sharp & Dohme Corp v.Union Of India

Calcutta High Court (Appellete Side) · W. P. No.1518 (W) of 2019

Merck Sharp & Dohme Corp challenged an order by the Assistant Controller of Patents & Designs. The petitioner argued that the appeal mechanism was practically unavailable due to the absence of a technical member, and further contended that the rejection of their patent application, which followed a voluntary divisional filing, was erroneous as it failed to consider curative measures.

patent dismissed · Mar 12, 2019

Teva Pharmaceuticals International v.Orbicular Pharmaceutical Technologies Pvt. Ltd.

Telangana High Court · O.P.No.1 of 2019

Teva Pharmaceuticals International filed an Original Petition seeking the appointment of a Local Commissioner in Telangana High Court. The purpose was to collect documents and testimony from Orbicular Pharmaceutical Technologies Pvt. Ltd., which was involved in a U.S. patent infringement case concerning Teva's anti-cancer drug, Bendeka®. The court granted the petition, directing the Principal District Judge, Ranga Reddy, to conduct the proceedings under strict confidentiality terms.

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