India Patent Cases
2,847 decisions indexed
Page 81 of 95 · 2,847 total
Bristol-Myers Squibb Company & Ors v.Dr.Bps Reddy & Ors
The plaintiffs filed a suit for permanent injunction against defendants regarding infringement of Patent No. 203937 concerning DASATINIB API. The court addressed three applications: one to implead Hetero Labs Ltd., one to delete Dr. BPS Reddy, and one to implead Bristol-Myers Squibb Holdings Ireland as the assignee. All three applications were allowed.
Midas Hygiene Industries Pvt. Ltd. v.Sudhir Bhatia
Midas Hygiene Industries challenged the Copyright Board's order that cancelled its copyright registrations for packaging material used on insecticide chalks. The core dispute revolved around whether the artistic work, when applied to a product, qualified as a 'design' under the Designs Act, thereby triggering the automatic cessation of copyright under Section 15(2) of the Copyright Act. Midas argued that the label was merely an artistic work and not a design in the statutory sense. The Delhi High Court set aside the Board's finding regarding Section 15(2), but remanded the matter for fresh consideration on issues of originality, locus standi, and limitation.
Ctr Manufacturing Industries Ltd v.Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.
CTR Manufacturing Industries Ltd filed an action alleging that Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.'s SERGI 3000 infringes upon CTR's Indian Patent No. 202302, which covers explosion and fire detection technology for electrical transformers. Sergi denies infringement, claiming its product uses different technology, and also challenges the validity of CTR's patent based on prior art.
Sergi Transformer Explosion Prevention Technologies Private Limited v.Ctr Manufacturing Industries Limited
The suit was filed by Sergi Transformer Explosion Prevention Technologies Private Limited against Ctr Manufacturing Industries Limited seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention. The defendant challenged the plaintiff's standing, arguing that their exclusive license agreement was unregistered and therefore invalid under Section 109 of the Patents Act, 1970.
Jasper Motors Private Limited v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.
The plaintiff, Jasper Motors Private Limited, filed a suit regarding matters arising under the Patents and Design Act. The court initially faced issues regarding the admission of the plaint and whether proper leave had been obtained under Clause 12 of the Letters Patent. The court ultimately granted the necessary leave and admitted the plaint.
Merck Sharp & Dohme Corporation v.Glenmark Pharmaceuticals Ltd.
Merck Sharp & Dohme Corporation filed a suit against Glenmark Pharmaceuticals Ltd., alleging infringement of its Indian Patent No. 209816, which covers Sitagliptin, a key drug for Type II diabetes. The plaintiffs sought a permanent injunction to prevent the defendant from manufacturing and selling generic versions like Sitagliptin Phosphate Monohydrate under brands such as ZITA. The court found that the defendant's actions constituted infringement of the plaintiff's patent rights.
Virbac Animal Health India Pvt Ltd v.Dahyabhai L Patel
Virbac Animal Health India Pvt Ltd appealed a lower court's decision to reject its plaint. The original suit alleged infringement of copyright and passing off of a trademark. The trial judge had rejected the suit based on Section 15(2) of the Copyright Act, 1957, citing that the product was manufactured more than fifty times. Virbac argued that this limitation should not apply as their claim also involved trademark passing off, which is excluded from certain definitions in other IP statutes.
Hindustan Unilever Limited v.Messrs Marvellous & Anr.
The petitioner, Hindustan Unilever Limited, filed an action alleging infringement of its patent (No. 265864) covering a biocide cartridge used in a gravity-fed water purification device. The court found that the respondent company was dishonestly using the patented cartridge device and granted an order restraining such use.
M/s Kay Cee Exports v.Nentex Woollens
The petitioner filed a civil revision challenging an order that dismissed the defendant's application for rejection of the plaint. The defendant argued that the court lacked jurisdiction as the suit was barred under the Copyright Act, Design Act, and Patents Act. The High Court found no relief under these Acts was explicitly claimed in the plaint, thus upholding the lower court's orders.
Telefonaktiebolaget Lm Ericsson v.M/S Best It World (India) Private Limited (iBall)
Ericsson filed a suit seeking permanent injunction against iBall for infringing its patents related to AMR, 3G, and EDGE technologies. The court considered arguments regarding the execution of a FRAND agreement and the alleged infringement of Standard Essential Patents.
Ashiana Housing Ltd. v.M/S Total Property Solutions
The Delhi High Court ruled in favor of Ashiana Housing Ltd., granting a permanent injunction against M/S Total Property Solutions for infringing its trademarks and copyrights. The court found that the defendant's use of deceptively similar marks and replication of proprietary content on their website caused confusion among the public. Furthermore, given the defendant's ex-parte conduct and deliberate infringement, the court awarded punitive damages of Rs. 3 lac and costs to the plaintiff.
Dr. Ambujaksha Mahanti v.Williamson Magor & Co. Ltd.
The petitioner filed an application seeking revocation of leave under clause 12 of the letters patent. The court found that the cause of action related to damages caused to a vehicle, which occurred outside the court's jurisdiction in Kolkata. Consequently, the leave was revoked.
Matrix Laboratories Ltd. v.Income Tax
The assessee, Matrix Laboratories Ltd., appealed against the Assessing Officer's order regarding various deductions. A key issue was whether patent infringement income received from Les Laboratories Servier related to 'Perindopril' could be included in export turnover for Section 10B deduction. The Tribunal also addressed the disallowance of superannuation contributions.
Bayer Corporation v.Union Of India And Others
Bayer Corporation appealed an order allowing Nacto Pharma Ltd. (NPL), a compulsory licensee, to export its product 'Sorafenat' outside India for clinical trials. Bayer alleged this violated the terms of the compulsory license granted under Section 84 of the Patents Act, 1970. The court directed that instead of deciding the appeal on merits, the underlying writ petition be disposed of expeditiously by impleading relevant regulatory authorities.
Acme Tele Power Limited v.Intelux Electronics Private Limited
Acme Tele Power Limited filed a suit for permanent injunction and damages against Intelux Electronics Pvt. Ltd. regarding alleged infringement of IP rights. The matter was transferred to the High Court due to a counter-claim for patent revocation under Section 104 of the Patents Act, 1970. Both parties subsequently agreed to withdraw all pending suits and the court dismissed the original suit and counter-claim as withdrawn.
Novartis AG v.Nutra Specialities Pvt. Limited
Novartis AG filed a suit alleging that Nutra Specialities Pvt. Limited was infringing its Indian Patent No. 212815 related to Vildagliptin API and formulations. The dispute was resolved after the defendant submitted an affidavit undertaking to cease all infringing activities, leading the court to decree the suit in favor of the plaintiff.
Shilpa Medicare Limited v.Bristol-Myers Squibb Company And Ors.
This appeal involved Shilpa Medicare Limited challenging the rejection of its application to dismiss a patent infringement suit filed by Bristol-Myers Squibb Company. The core dispute centered on whether the court had territorial jurisdiction, given that Shilpa's manufacturing unit was located outside Delhi. Bristol-Myers argued that the threat of infringing products being sold or offered for sale in Delhi, through generic partners like Natco, established sufficient cause of action within the court's jurisdiction. The High Court upheld the original order, finding no infirmity with the jurisdictional ruling.
Novartis AG v.Union of India
Novartis AG challenged an order passed by the Intellectual Property Appellate Board (IPAB) which allowed a Miscellaneous Petition filed by Wockhardt Limited. Novartis argued that the IPAB exceeded its jurisdiction and violated procedural rules by permitting additional grounds and documents in the patent revocation case. The Madras High Court upheld the IPAB's decision, finding it within its powers to regulate procedure based on principles of natural justice.
Nacto Pharma Limited v.Union Of India & Ors.
Nacto Pharma Limited challenged the actions of a respondent authority regarding the grant of a patent to another party. The petitioner alleged that the authority proceeded with merit-based objections without first addressing preliminary objections concerning a breach of Patent Rule 55 (4).
S.M.Anand Vel v.Union of India
The petitioner challenged an order by the Assistant Controller of Patents & Designs which deemed his patent application abandoned because it was not put in order within the prescribed time. The petitioner argued that since multiple sets of fresh objections were raised during the examination process, the abandonment could not be applied. The Madras High Court set aside the impugned order and remanded the matter for a fresh consideration.
Reckitt Benckiser Health Care (India) Pvt. v.Emami Ltd & Ors.
The appeal challenged a temporary injunction granted by the Trial Court, which restrained the defendant from displaying an advertisement for 'MOOV' that compared it to the plaintiff's product, ZANDU BALM. The High Court examined whether such comparative advertising amounted to disparagement of the plaintiff's trademark and copyright.
Telefonaktiebolaget Lm Ericsson (Pub) v.Mercury Electronics & Anr
The dispute concerns the validity of several registered patents. The defendant challenged the validity of these patents in their counter-claim. The court addressed the legal issue of who must prove the patent's invalidity.
Indian Performing Rights Society Ltd. v.Sanjay Dalia & Anr.
This Supreme Court judgment addressed complex issues surrounding territorial jurisdiction in IP litigation, specifically interpreting Sections 62 of the Copyright Act and 134(2) of the Trade Marks Act. The core dispute centered on whether a plaintiff could file an infringement suit where they carried on business, even if the cause of action arose elsewhere. The Court ruled that while a plaintiff can sue where they operate, if the cause of action also arises at that location, they must file there.
Indian Performing Rights Society Ltd. v.Sanjay Dalia & Anr.
This Supreme Court judgment addressed complex issues surrounding territorial jurisdiction in IP litigation, specifically interpreting Sections 62 of the Copyright Act and 134(2) of the Trade Marks Act. The core dispute revolved around whether a plaintiff could file an infringement suit where they carried on business, even if the cause of action arose elsewhere. The Court clarified that while a plaintiff can sue where they operate, if the cause of action also arises at their location, they must file there.
Custom, Excise & Service Tax Tribunal v.M/S Brightpoint India Pvt. Ltd.
Revenue appealed an order regarding the recovery of demurrage and detention charges from a patent holder (Shri S. Ramkumar) who had executed a bond during customs clearance suspension due to alleged infringement by dual SIM mobile phones. The Tribunal dismissed the appeal, holding that the Commissioner (Appeals)' order was correct in allowing the enforcement of the bond for recovering these ancillary liabilities.
Bristol-Myers Squibb Company v.Mr.D. Shah
Bristol-Myers Squibb Company filed two suits seeking permanent injunctions and damages against Mr. D. Shah and others for infringing its Indian Patent No. 203937. The patent covers DASATINIB, an anti-cancer molecule used to treat chronic myeloid leukemia (CML). Given the defendants' admission of infringement and the risk of irreparable harm, the Delhi High Court allowed the injunction applications, maintaining the status quo during the trial.
Bristol-Myers Squibb Company v.Mr. J.D. Joshi
Bristol-Myers Squibb Company filed two suits seeking permanent injunction and damages against the defendants for infringing its Indian Patent No. 203937, which covers the anti-cancer drug DASATINIB. The plaintiffs argued that the defendants intended to launch generic products violating their exclusive patent rights. Given the prima facie evidence of infringement and the irreparable harm the plaintiff would suffer, the court granted an interim injunction to maintain the status quo during the trial.
Eicher Goodearth Pvt Ltd v.Krishna Mehta & Ors
Eicher Goodearth Pvt Ltd filed a suit seeking permanent injunction against Krishna Mehta & Ors, alleging that the defendants were illegally imitating and selling products featuring motifs and designs similar to those owned by Eicher Goodearth. The plaintiff claimed ownership of various designer collections like Serai and Falcon, asserting their rights under copyright and design laws. The court examined the similarity between the parties' products and the alleged deceptive use of intellectual property.
Jasper Motors Private Ltd. v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.
The plaintiffs, holding a patent for an eco-friendly, battery-operated rickshaw design, alleged that the defendants were illegally importing, exporting, and selling the patented idea. Despite the lack of representation from the defendants, the court found them liable for infringing the patent.
United Phosphorus Limited v.Ajay Garg And Another
United Phosphorus Limited filed a suit seeking permanent injunction against infringement of Indian Patents Nos. 190476 and 202013, along with claims for damages. The defendants challenged the court's territorial jurisdiction, arguing that neither party conducted business in Delhi. The Court ultimately ruled that since no part of the cause of action arose within its jurisdiction, the plaint was returned to be filed in the appropriate forum.
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