India Patent Cases
2,823 decisions indexed
Page 76 of 95 · 2,823 total
Kyorin Pharmaceutical Co., Limited v.Assistant Controller of Patents and Designs, Government of India
Kyorin Pharmaceutical appealed the rejection of its tablet patent application (No.5360/CHENP/2010), which cited lack of inventive step and non-patentability. The court found that since a process patent for manufacturing the tablet had already been granted, the respondent was estopped from rejecting the product patent on grounds of lacking inventive steps. However, the matter regarding Section 3(e) non-patentability was remitted for fresh consideration.
Tapas Kanti Mandal v.Cosmo Films Ltd.
The petitioner, a former employee of Cosmo Films Ltd., challenged an injunction granted by the trial court restraining him from working in competing businesses after his resignation. The plaintiff company relied on a non-compete clause and confidentiality agreements regarding trade secrets and proprietary knowledge. The High Court ruled that post-service negative restrictive covenants are generally not enforceable, favoring the petitioner's right to profession.
S.Paul Raj v.Tata Consultancy Services Ltd.
The plaintiff filed a civil suit seeking permanent injunction against TCS for infringing his copyright and patent related to the e-Passport (Smartcard) invention, known as 'FLYGUARD' or 'TCS e-Passport Solution'. Despite multiple hearings and court directions, the plaintiff failed to appear or file necessary affidavits, leading to the dismissal of the suit.
S.Paul Raj v.Tata Consultancy Services Ltd.
The plaintiff filed a civil suit seeking permanent injunction against TCS for infringing his copyright and patent related to 'FLYGUARD' (e-Passport/Smartcard). Despite arguments regarding jurisdiction, the court dismissed the suit due to the continuous non-appearance of the plaintiff and his counsel reporting 'No Instructions'.
Rapid Bevtech Pvt Ltd v.Khs Machinery Pvt Ltd
Rapid Bevtech Pvt Ltd challenged an interim injunction granted by the Commercial Court, arguing that the suit lacked commercial jurisdiction and that the alleged confidential information was public knowledge. The core dispute revolved around the unauthorized use of specialized manufacturing know-how and technical secrets by former employees (now associated with Khs Machinery Pvt Ltd). The Gujarat High Court upheld the original order, finding no interference necessary as the relief granted balanced the rights of both parties.
G.Thirumoorthy v.Ellora Kalyani Gold Covering
G.Thirumoorthy filed a suit against Ellora Kalyani Gold Covering seeking permanent injunctions for infringing his registered trade mark 'KALYANI COVERING' and copyrighted artistic work, as well as passing off. The plaintiff sought to prevent the use of the deceptively similar mark 'KALYANI GOLD COVERING' on gold covering ornaments. However, during the proceedings, the court noted that the plaintiff failed to file an affidavit confirming the survival of the cause of action. Consequently, the suit was dismissed.
Jasper Motors Private Limited And Another v.The Proprietor, Basantee Battery Operated Rickshaw and Others
The applicant (Defendant No.2) filed an application seeking recall of a prior injunction order, arguing that the plaintiff's patent was invalid based on grounds like prior art and lack of inventive step under Section 64 of the Patents Act. The court found prima facie satisfaction regarding the patent's invalidity and noted the defendant's manufacturing activity, leading to the recall of the interim order.
Koninklijke Philips Electronics N.V. v.Rajesh Bansal, Sole Proprietor
Koninklijke Philips Electronics N.V. filed two suits alleging infringement of its Indian Patent No. 184753, which covers channel decoding technology used in DVD video players. The plaintiff claimed this patent was essential for the industry. Although the suit patent had expired by the time of judgment, the Delhi High Court found that the defendants were infringing the patent and liable to pay royalties at FRAND rates. Furthermore, due to the defendant's conduct as a former employee, punitive damages were awarded against Rajesh Bansal.
Dhanpat Seth And Others v.M/S Nilkamal Plastic Ltd
The plaintiffs filed a suit seeking an injunction and damages, alleging that the defendant infringed their Patent No. 195917 for a device used for manually hauling agricultural produce. The court examined the patent's validity and found that the invention lacked inventive step, as it was merely a substitution of bamboo with plastic in a traditionally known item (Kilta).
Krishnamachari Ramu v.Srinivasa Raja
The petitioners challenged the Intellectual Property Appellate Board's order that revoked their patents (No. 193899 and 200285) concerning a novel method for preparing low glycemic sweets using Levulose/Fructose. The High Court found that the dispute required intricate scientific proof regarding the elimination of browning reactions, leading it to set aside the revocation order and remand the matter back to the IPAB.
Unknown v.Yogesh Mehra & Others
The plaintiffs argued that the court should not proceed with the civil suit while a statutory appeal was pending before the Statutory Authority. The defendant relied on a precedent (Dr. Aloys Wobben vs. Yogesh Mehra & others) which established rules concerning counter-claims and patent revocation petitions. The court accepted the defendant's submissions regarding the applicability of the precedent and listed the matter for arguments.
Star Television Productions Limited & Ors. v.Vaishali Saran & Anr.
The Delhi High Court ruled in favor of Star Television Productions Limited, granting permanent injunctions against defendants for infringing on the 'HOTSTAR' brand through trademark misuse, copyright infringement of logos, and passing off. The court specifically ordered the transfer of deceptive domain names (hotstar.online and hotstarmovies.co) to the plaintiff, emphasizing that domain names function as commercial identifiers akin to trademarks in the digital age.
Hindustan Unilever Limited v.R-3 Organics Limited
The Calcutta High Court granted an interim protective order in favor of Hindustan Unilever Limited (HUL) against R-3 Organics Limited. HUL alleged that the respondent was manufacturing and selling detergent powder under 'PARAS STAIN FIGHTER' with labels deceptively similar to HUL's well-known trademark 'SURF EXCEL.' The court found a prima facie case of infringement regarding both the registered trade mark and the copyright in the distinctive getup and color scheme, leading to an order for inventory and seizure of infringing goods.
Microsoft Technology Licensing, LLC v.Deputy Controller of Patents and Designs
Microsoft Technology Licensing appealed the rejection of its Patent Application by the Deputy Controller of Patents and Designs. The appellant contended that the rejection order failed to objectively test the application or discuss relevant prior art (Exhibit D1).
Sarine Technologies Ltd v.Utpal Mistry
The court heard an application regarding a counterclaim filed by the defendants seeking revocation of a patent. The court held that based on Supreme Court precedent (Aloys Wobben), the counterclaim was not maintainable. Consequently, the defendants withdrew the counterclaim, leading the court to order the original suit be re-transferred to the District Court.
Balbir Singh & Company v.Mex Switch Gears Pvt. Ltd.
This Delhi High Court judgment addresses a challenge to the territorial jurisdiction of a district court in New Delhi. The petitioner challenged the suit filed by the respondent on the grounds that the court lacked jurisdiction. However, the court held that the plaint's averment that the defendant was clandestinely selling infringing goods within Delhi was sufficient to confer jurisdiction under both the Trade Marks Act and the Copyright Act. Consequently, the petition seeking rejection of the plaint was dismissed.
Shamnad Basheer v.Union Of India
This writ petition challenged the process and implementation timeline concerning changes to the Patents Act, 1970. The court examined issues related to Section 146 and Section 122 of the Act, which govern patent working. After reviewing an affidavit from the Deputy Controller of Patents & Designs, the High Court accepted the detailed sequential timelines proposed by the Union of India for completing the necessary stakeholder consultation and legislative amendments.
Pradeep Sharma & Anr v.UPL Ltd
The petitioner challenged an order restraining him from infringing the respondent's patents related to synergistic herbicidal compositions (Metsulfuron Methyl and Sulfosulfuron). The dispute centered on whether the composition used by the appellant fell within the scope of the plaintiff's patented claims. The court ultimately upheld the Single Judge's finding that prima facie, the defendant's product was covered by the suit patent.
Vior(International) Ltd v.Maxycon Health Care Private Limited
The plaintiffs filed a suit seeking injunctions, damages, and rendition of accounts against the defendants for infringing an Indian patent (IN No. 221536) related to Ferric Carboxymaltose, as well as for copyright infringement and dilution of their brand image. The court found that the defendants were engaging in infringing activities despite being treated ex parte and violating interim orders.
Nuziveedu Seeds Ltd. v.Monsanto Technology Llc
This Delhi High Court judgment addressed complex disputes surrounding Monsanto's patented Bt Cotton technology. Nuziveedu Seeds challenged the patent's validity, arguing it fell under Section 3(j) of the Patents Act, which excludes plant varieties and essentially biological processes from patentability. The court ultimately held that the subject patent was unpatentable, allowing Nuziveedu's counter claim to succeed. However, while dismissing Monsanto's suit for patent enforcement, the court upheld existing contractual obligations regarding trait fee payments under the sub-license agreements.
Galatea Ltd v.Diyora And Bhanderi Corporation
Galatea Ltd filed a suit seeking protection against the infringement of its patent (No. 271425), which covers automated technology for locating inclusions in rough diamonds. The plaintiffs claimed their invention revolutionized the diamond industry by providing accurate 3D imaging and cutting plans to maximize stone value. While the court found that the plaintiffs failed to establish a prima facie case sufficient for granting a temporary injunction, it issued specific interim restraints against the defendants regarding bubble removal devices and sales of infringing machines.
Galatea Ltd v.Diyora And Bhanderi Corporation
Galatea Ltd filed a patent infringement suit against Diyora and Bhanderi Corporation, claiming that their machines infringe Patent No. IN271425, which covers automated technology for locating inclusions in rough gemstones. The plaintiffs argued this invention was crucial for maximizing the value of diamonds by optimizing cutting and polishing processes. However, during the hearing on the temporary injunction application, the court found that the plaintiffs failed to prove a prima facie case.
Snecma v.Union Of India And Anr.
Snecma challenged two communications from the Union of India's Patent Office, which rejected its request for patent examination. The initial rejection cited incorrect fee payment methods (cheque instead of demand draft), while the second communication claimed the request was filed beyond the 48-month statutory limit. The Delhi High Court ruled in favor of Snecma, quashing both communications and directing the Patent Office to process the request for examination.
Manyavar Fashion Private Limited v.Manyavar Creations Private Limited
This Karnataka High Court judgment addressed writ petitions filed by Manyavar Fashion Private Limited challenging a lower court's decision to issue only an emergent notice instead of granting immediate temporary injunctions. The petitioners sought protection for their registered trademark 'Manyavar' and copyrighted artistic work against alleged infringement and passing off by the defendants. The High Court, without delving into the merits of the case, directed the trial court to expedite the hearing on all interim applications and pass appropriate orders promptly.
Ashoka Distillers & Chemicals Pvt Ltd v.Ads Spirits Pvt Ltd
Ashoka Distillers & Chemicals Pvt Ltd filed a suit against Ads Spirits Pvt Ltd seeking permanent injunction and damages for trademark infringement, copyright violation, and passing off related to country liquor. The defendant argued that since the impugned product was restricted and sold only within Haryana, the Delhi High Court lacked territorial jurisdiction. The court agreed with the defense, finding that both parties operated in Haryana, thus necessitating filing the suit in a competent court there.
M.Ponnusamy (Sole Proprietor of Sasi Match Works) v.Latha Match Industries
M.Ponnusamy, representing Sasi Match Works, filed a suit against Latha Match Industries and others alleging infringement of his registered trademark 'GOPAL' and copyright in its artistic label. The plaintiff sought permanent injunctions and damages due to the defendants allegedly using the deceptively similar mark 'GOKUL'. However, before the court could rule on the merits of the complex IP claims, the plaintiff chose to withdraw the suit.
Dolby International Ab v.Das Telecom Private Limited
The suit concerns patent infringement related to High Efficiency Advanced Audio Coding Technology. The defendants sought to amend their written statement to introduce a defense claiming that they were authorized users because the plaintiffs had licensed the technology to M/s Google INC, from whom the defendants obtained licenses. The court dismissed this amendment application.
M/s.Lyca Productions v.J.Manimaran
M/s. Lyca Productions filed an appeal seeking an injunction against J. Manimaran (and others) for allegedly infringing on their film title 'KARU', which they claimed to have registered with a Film Producers Guild in 2011. The core dispute revolved around whether this guild registration conferred exclusive rights over the title, especially when the opposing party had also invested heavily and was readying its release. The Madras High Court ultimately allowed the appeal, ruling that such guild registration does not grant exclusive use of the title without statutory backing.
Upl Limited v.Pradeep Sharma & Anr
Upl Limited filed a suit claiming infringement of three patents related to a stable synergistic herbicidal composition (Sulfosulfuron + Metsulfuron Methyl WG). The defendants challenged the validity of these patents. The court found that the plaintiff had made out a strong prima facie case and granted an interim injunction.
M/s.Power Soaps Limited v.M/s. C M Detergent
M/s. Power Soaps Limited filed a suit against M/s. C M Detergent alleging infringement of its registered trademarks ('DK' and 'POWER') and copyright violation concerning the use of deceptively similar marks on detergent wrappers. The plaintiff sought perpetual injunctions, destruction of infringing materials, and accounts of profits. However, the plaintiff subsequently instructed their counsel to withdraw the suit, leading the court to dismiss the case.
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