India Patent Cases
2,823 decisions indexed
Page 78 of 95 · 2,823 total
Shahajanand Laser Technology Ltd v.Bharat Bhogilal Patel
This judgment from the Gujarat High Court addresses a Civil Application filed by Shahajanand Laser Technology Ltd against Bharat Bhogilal Patel. The court considered that since the respondent had already initiated a suit alleging patent infringement, and given his commitment not to issue trademarks conflicting with his patent rights, interim relief was deemed necessary and subsequently granted. This order disposed of the civil application while maintaining the ongoing appeal proceedings.
Versalis Spa v.The Assistant Controller of Patents
Versalis Spa appealed the rejection of its patent application (IN7854/CHENP/2011) by the Assistant Controller. The core dispute was whether the process for hydrolyzing lignocellulosic biomass was inventive, given that the claims were challenged as lacking inventiveness and technical advancement over cited prior arts.
Shahajanand Laser Technology Ltd v.Bharat Bhogilal Patel
The Gujarat High Court addressed a civil application related to an ongoing patent infringement dispute. Considering the respondent's existing suit alleging patent infringement and his commitment not to issue trademarks conflicting with his rights, the court confirmed the previously granted interim relief. This decision maintains the status quo while the main litigation proceeds.
Kanishk Sinha v.State of West Bengal
The petitioner, a patentee, challenged actions of the State regarding e-rickshaws, asserting that defendants were infringing his patent on echo friendly vehicles. The court affirmed the petitioner's status as a patent holder and held that any license granted by the State in violation of the existing injunction would be void ab initio.
M/S. Iritech Inc v.The Controller Of Patents
The petitioner sought to quash the 'deemed to be withdrawn' status of its Indian National Phase Patent Application (No. 5272/DELNP/2008) due to a clerical error in the application number being typed as 6272/DELNP/2008 in Form No. 18 and supporting documents. The respondents argued that the correction was sought after the statutory period expired, making it impossible for the Controller to act. The Court ruled in favor of the petitioner, finding the error clerical and restoring the application.
Monsanto Technology Llc And Ors. v.Nuziveedu Seeds Limited & Ors.
Monsanto Technology LLC and its affiliates filed a suit against Nuziveedu Seeds Limited, alleging infringement of their intellectual property rights. The core dispute revolved around the defendants continuing to market and sell Genetically Modified Hybrid Cotton Planting Seeds despite the termination of sub-license agreements. Plaintiffs claimed violation of both registered patent (No. 214436) and trademarks (BOLLGARD/BOLLGARD II). The court, while addressing interim applications, issued directions mandating the defendants to tender or pay a trait fee, render detailed sales accounts, and comply with licensing guidelines.
Cipla Limited v.Novartis Ag & Anr
Cipla Limited appealed an injunction granted against it by the Delhi High Court, which restrained Cipla from using or manufacturing products containing INDACATEROL. The dispute centered on Novartis Ag & Anr's patent (No. 222346) for the drug INDACATEROL, marketed as ONBREZ. While Cipla argued that the respondents did not manufacture the drug in India and thus were not working the patent locally, the court upheld the injunction.
Bayer Corporation v.Union of India
The dispute centered on whether Natco Pharma Limited (Natco) and Alembic Pharmaceuticals Ltd. could export products covered by compulsory licenses, specifically SORAFENAT/SORAFENIB, for regulatory development purposes outside India. Bayer challenged these exports, arguing they infringed the patent or violated the terms of the Compulsory Licence. The court ultimately held that non-patentee companies cannot be deprived of exercising rights under Section 107A merely because a compulsory license was granted.
Bayer Corporation v.Union Of India & Ors
Bayer challenged Natco's (and Alembic's) exports of SORAFENIB/SORAFENAT, which were covered by a Compulsory Licence, arguing these exports infringed the patent. The core legal question was whether Section 107A allowed for such exports for regulatory purposes.
Cholayil Private Limited v.Aditya Birla Management Corporation Pvt Ltd.
Cholayil Private Limited filed a suit against Aditya Birla Management Corporation and others, alleging infringement of its trademarks ('Medimix', Mortar and Pestle) and copyright in its product labeling. The plaintiff sought perpetual injunctions, damages, and an accounting of profits due to the defendants' alleged unauthorized use of similar marks and artistic works on soaps and cosmetic products. Ultimately, both parties reached a Joint Memo of Compromise, leading to the suit being disposed of amicably.
Aia Engineering Limited v.Bharat Heavy Electricals Ltd (Bhel)
Aia Engineering Limited filed a civil suit alleging that the third defendant infringed its patent (IN'740) related to wear-resistant metal parts used in industrial applications. The defendants challenged the jurisdiction of the Delhi High Court, arguing that the substantial cause of action arose outside Delhi.
Beckman Coulter Biomedical, LLC v.Union of India
The petitioner challenged an order by the Controller of Patents & Designs which returned its subject patent application (PCT/US2011/035420) on the grounds that the mandatory 31-month deadline for nationalization had expired. The petitioner argued that technical errors led to the delay and sought judicial intervention.
Park Jeong Tae v.Hem Kund Sprayers
The plaintiff, Park Jeong Tae, sought a permanent injunction against the defendant, Hem Kund Sprayers, for infringing his registered patent (No. 254374) related to an injection moulded cleaning solution pump for chemical sprayers, marketed as 'Super-2000 Gold Sprayer'. The plaintiff also alleged passing off and copyright infringement on packaging. Based on a prima facie case, the court granted an ad-interim ex-parte injunction and appointed a Local Commissioner.
Female Health Company Uk Plc v.Hll Lifecare Limited
The case involves a dispute regarding the patent granted for a female condom manufactured by the respondent. The petitioner is contesting the validity and implications of the patent.
Female Health Company Uk Plc v.Hll Lifecare Limited
Female Health Company Uk Plc filed an application seeking interim measures under the Arbitration and Conciliation Act, 1996, alleging that Hll Lifecare Limited was violating confidentiality related to the manufacturing of its FC2 female condom. The court examined evidence regarding alleged product resemblance and breach of agreements. Ultimately, the court found no prima facie case for violation of confidentiality or infringement, concluding that the balance of convenience did not favor the petitioner, leading to the dismissal of the application.
Prabhat Agri Biotech Ltd. v.Registrar Of Plant Varieties And Ors.
This Delhi High Court judgment addressed challenges against the validity of Section 24(5) of the Protection of Plant Varieties & Farmers' Rights Act. The petitioners, including Prabhat Agri Biotech Ltd., argued that this section allowed for abusive practices by enabling competitors to challenge genuine proprietary plant varieties. The court found that the unguided nature of the power in Section 24(5) posed a significant danger of abuse, potentially harming innocent breeders and farmers. Consequently, the High Court declared Section 24(5) void.
Novartis Ag v.Atoz Pharmaceuticals Pvtltd
Novartis Ag filed a civil suit seeking a permanent injunction and damages against Atoz Pharmaceuticals Pvt Ltd and Zota Pharmaceuticals Pvt Ltd for alleged infringement of its Indian Patent No. 212815 concerning Vildagliptin API/formulations. The court noted that the defendant had cancelled the product 'VILDAPIN-50' as requested by them, leading to the plaintiffs withdrawing most reliefs.
Flamagas, Sa v.Sunder & Ors
The Delhi High Court ruled in favor of Flamagas, Sa, finding that the defendants were infringing upon its trademarks and designs related to 'Clipper' lighters. The court noted that the defendants failed to participate in the proceedings despite being served, leading to them being proceeded ex parte. Consequently, the suit was decreed for permanent injunction and punitive damages, emphasizing that non-participation by infringers should not allow them to escape liability.
Bristol Myers Squibb Holdings Ireland v.Sanjay Jain
The plaintiffs, Bristol Myers Squibb Holdings Ireland and its subsidiary, filed a suit seeking permanent injunction and damages for the infringement of their patent (IN 203937) covering the anti-cancer molecule DASATINIB. The defendants were proceeded ex parte due to non-appearance in court.
M/s. SMC Pneumatics (India) Pvt. Ltd. v.Mr. S. Vezhavendhon
The plaintiff, a company manufacturing pneumatics components, sued its former Senior Sales Engineer for breach of employment terms, alleging competition and disclosure of trade secrets to a rival firm. The suit sought injunctions and damages of Rs. 5 lakhs.
3M Innovative Properties Ltd v.Venus Safety & Health Pvt Ltd
The appellant filed a suit seeking permanent injunction against the respondent for infringing their patent related to flat folded personal respiratory protection devices. The lower court had vacated an interim injunction based on prior art cited by the respondents, but the High Court allowed the appeal, finding that the appellants established a strong prima facie case and overturning the order.
M/s. INPHASE POWER TECHNOLOGIES PRIVATE LIMITED v.M/s. ABB INDIA LIMITED
The appeal was filed by the defendants (M/s Abb India Limited) challenging the trial court's order that allowed temporary injunctions against them regarding patent infringement and misappropriation of confidential information. The High Court upheld the lower courts' findings, dismissing the appeals.
Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited
The plaintiffs filed a suit seeking permanent and mandatory injunctions, along with damages, against the defendants for infringing their patent (No. 224911) related to multilevel car parking. The parties subsequently filed a joint withdrawal memo before the court.
Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited
The plaintiffs filed a suit seeking permanent and mandatory injunction, along with damages, against the defendants for infringing their patent (No. 224911) related to multilevel car parking. The parties subsequently filed a joint withdrawal memo.
Eneroil Offshore Drilling Ltd v.Centek Limited
The suit concerning patent infringement was pending between Eneroil Offshore Drilling Ltd and Centek Limited. The parties subsequently reached an out-of-court settlement, which involved the plaintiff undertaking not to use Boron steel or its equivalent for manufacturing single piece centralizers.
Seven Towns Ltd v.M/S Kiddiland
Seven Towns Ltd, a global manufacturer of the Rubik's Cube, filed a suit against M/S Kiddiland alleging infringement of copyright and passing off. The plaintiffs claimed proprietary rights in the distinctive trade dress and artistic elements of their product's label and packaging. Despite initial challenges from the defendants regarding variations in detail, the Delhi High Court granted interim injunctions, finding that the plaintiffs had made a prima facie good case and that the balance of convenience lay in their favor.
R. Muralidharan v.The Secretary, Ministry of Law and Justice; The Secretary, Ministry of Commerce and Industry; The Secretary, Ministry of External Affairs; The Controller General of Patent and Designs and Trademark
This writ petition challenged a public notice issued by the Controller General of Patents regarding PCT National Phase Applications in India. The petitioner argued that this notice restricted applicants from amending their specifications before entering the national phase, thereby denying rights granted under Sections 57 and 59 of the Patents Act. The core dispute centered on whether procedural restrictions related to filing fees should be subject to judicial review. The High Court ultimately dismissed the petition, holding that the matter was a procedural issue best left to the experts and the Central Government's power regarding fee determination.
M/S Stellar Information Technology Private Ltd v.Mr Rakesh Kumar & Ors
The Plaintiff, a data recovery company, filed an application seeking an interim injunction against its former employees (Defendants) for allegedly using confidential information, trade secrets, and client lists to compete with the Plaintiff. The Defendants argued that any restrictive covenants in their employment agreements were void under Section 27 of the Indian Contract Act, 1872, leading the court to dismiss the application.
Controller Of Patents & Designs v.Deputy Registrar, Intellectual Property Appellate Board
The Controller of Patents & Designs challenged an order by the Intellectual Property Appellate Board (IPAB) which had allowed the appeal of respondents against the rejection of a patent application. The dispute centered on whether the Controller failed to exercise proper discretion, specifically concerning the insufficient fee paid for all claims in the application.
M/s.Cavinkare Pvt. Ltd. v.Hindustan Unilever Ltd.
The suit was filed by M/s.Cavinkare Pvt. Ltd. seeking a declaration that its cosmetic composition did not infringe Patent No.169917 and requesting a permanent injunction against Hindustan Unilever Ltd. The court found that the subject patent had already expired in 2009, rendering the claims of infringement and the request for an injunction moot.
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