India Patent Cases
2,847 decisions indexed
Page 79 of 95 · 2,847 total
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.
M/S Rspl Limited v.Mukesh Sharma & Anr
This appeal challenged a single judge's decision that dismissed an IP suit based on lack of territorial jurisdiction. The appellant, M/S Rspl Limited, had filed the suit under the Trade Marks Act and Copyright Act seeking injunction against alleged infringement and passing off by the respondents using the name 'GHARI TRADEMARK COMPANY'. The High Court Division Bench overturned the single judge's ruling, affirming that the court has jurisdiction given the plaintiff's corporate office and business activities within Delhi.
Merus N.V v.Assistant Controller of Patents and Designs, Government of India
Merus N.V appealed the rejection of its Indian Patent Application No. 467/CHENP/2011 by the Assistant Controller, which had been based on non-patentability grounds (Section 3(i) and 3(j)). The appellant argued that the amendments were permissible as they merely refined the claim to nucleic acid molecules while retaining the core invention. The High Court found merit in the appellant's argument regarding the scope of amendments.
Chambal Fertilizers And Chemicals Ltd v.C.C.E., Jaipur I
The appellant, engaged in fertilizer manufacturing, was assessed service tax on agreements with foreign service providers for design and consultancy services. The Department argued these fell under IPR services. The Tribunal ruled that since the technical know-how and engineering designs were not recognized as IPR under any Indian law at the time of the agreement, there was no taxable IPR service.
M/S Impact Metals Ltd., Bollaram v.M/S Msr India Ltd., Hyderabad
The Civil Revision Petition arose from a lower court's dismissal of an application seeking arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The respondents sought permanent injunction and damages based on alleged infringement of proprietary technology, designs, trade secrets, and trademarks. The Court held that the entire dispute was arbitrable under the Manufacturing Agreement.
Dart Industries Inc & Anr. v.Techno Plast & Ors.
Dart Industries Inc, through its licensee Tupperware India Pvt. Ltd., filed a suit alleging infringement of their proprietary designs and copyrights related to the popular 'Tupperware' storage containers. The plaintiffs claimed that defendants were copying these unique designs, leading to confusion in the market. However, the Delhi High Court dismissed the appeal, finding that the plaintiffs failed to adequately plead and prove the distinctiveness of the product shape for trademark purposes, thereby lacking prima facie strength in their claims regarding design protection, copyright infringement, and passing off.
Devi Cropscience Pvt Ltd v.Sds Ramcides Cropscience Private Limited
Devi Cropscience Pvt Ltd filed a suit against Sds Ramcides Cropscience Private Limited alleging infringement of its process and product patents related to a flowering stimulant containing Nitrobenzene. The defendant submitted that it had stopped manufacturing the product 'Dynamic Super' in November 2015 due to health hazards associated with Nitrobenzene. The court decreed the suit, granting permanent injunctions against the defendant.
Devi Cropscience Pvt Ltd v.SDS Ramcides Cropscience Private Limited
Devi Cropscience Pvt Ltd filed suit against SDS Ramcides Cropscience Private Limited alleging infringement of its process and product patents related to a flowering stimulant containing Nitrobenzene. The court granted permanent injunctions in favor of the plaintiff, provided that the defendant was not manufacturing the product 'Dynamic Super' from November 2015 onwards.
Ctr Manufacturing Industries Ltd. v.Serji Transformer Explosion Prevention Technologies Private Limited
The petitioner (CTR) filed four Notices of Motion alleging that the respondent (Sergi) was repeatedly and contumaciously breaching prior restraint orders issued in a patent infringement suit. The judgment addressed these 'contempt Motions', which were tied to an ongoing appeal regarding CTR's patent for explosion and fire detection technology.
Ctr Manufacturing Industries Ltd. v.Serji Transformer Explosion Prevention Technologies Private Limited
The petitioner (CTR) filed four notices of motion alleging that the respondent (Sergi) was repeatedly breaching prior restraint orders related to a patent infringement suit concerning explosion and fire detection technology for transformers. The court examined these 'contempt motions' but ultimately dismissed all four applications.
Ctr Manufacturing Industries Ltd. v.Sergi Transformer Explosion Prevention Technologies Private Limited
The petitioner, CTR Manufacturing Industries Ltd., filed four Notices of Motion alleging that the respondent, Sergi Transformer Explosion Prevention Technologies Private Limited, was repeatedly breaching prior restraint orders related to a patent infringement suit. The judgment addressed these 'contempt motions,' noting they were tied to an ongoing appeal regarding the original infringement finding.
Ctr Manufacturing Industries Ltd. v.Sergi Transformer Explosion Prevention Technologies Private Limited
The petitioner (CTR) filed four Notices of Motion alleging that the respondent (Sergi) was repeatedly and contumaciously breaching prior restraint orders related to a patent infringement suit. The judgment addressed these 'contempt Motions', which were tied to an ongoing appeal regarding CTR's patent on explosion and fire detection technology for transformers.
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