India Patent Cases
2,847 decisions indexed
Page 83 of 95 · 2,847 total
Narendra Srivastava v.Ashok Chaturvedi
The plaintiff filed a suit alleging groundless threats based on a pending patent application held by defendant no.1. Defendant no.1 sought to be struck out as a party, arguing he had assigned his rights and was not involved in the alleged threat. The court dismissed this application, holding that since the claim derived from defendant no.1's original application and he resided within the court's jurisdiction, he remained a necessary party.
Merck Serono S.A. v.Union Of India & Ors.
Merck Serono S.A. challenged the Controller of Patents & Design's decision to declare its patent application abandoned under Section 21(1) of the Patent Act, 1970. The petitioner argued that it had actively pursued the application by responding to both the First and Second Examination Reports. The High Court ruled in favor of the petitioner, holding that active pursuit negates abandonment.
M/S Instapower Ltd. v.Ramesh Chopra & Ors.
Instapower Ltd., dealing in energy-efficient lighting under the Insta Power brand, filed a suit seeking permanent injunction and declaration that Defendant No. 4's claims regarding sole ownership of LED aviation obstruction light patents were false. The dispute centered on conflicting patent rights concerning LED Aviation Obstruction Lights (AOL).
Symed Laboratories Pvt. Ltd. v.Sharon Bio-Medicine Ltd. And Ors.
Symed Laboratories filed a suit for permanent injunction against Defendants, alleging infringement of their patents (IN 213062 and IN 213063) related to novel processes for preparing Linezolid. Defendant No. 3 moved an application seeking amendment of its written statement, arguing that it was merely purchasing the product from the market and not manufacturing it using the patented process. The Court partly allowed the amendment.
Novartis Ag And Ors. v.Ranbaxy Laboratories Ltd.
Novartis Ag filed a suit seeking permanent injunction against Ranbaxy Laboratories Ltd., alleging infringement of Indian Patent No. 212815, which covers the compound Vildagliptin for treating Type 2 Diabetes Mellitus. The Plaintiffs claimed that despite no immediate launch by the Defendant, its listing of Vildagliptin as an API on its website posed a significant threat to their market share. Considering the potential infringement and the balance of convenience, the Delhi High Court granted an ad-interim injunction restraining Ranbaxy from manufacturing or selling products containing Vildagliptin.
Arif Abdul Kader Fazlani v.Hitesh Raojibhai Patel & Co & 1
The plaintiff sought permission to withdraw the Civil Suit No. 1 of 2012. The court granted this permission, disposing of the main suit as withdrawn. However, the defendants' counterclaim, which sought the revocation of Patent No. 226534 under Section 64 of the Patents Act, 1970, was held to survive for adjudication.
Vringo Infrastructure Inc. v.Indiamart Intermesh Ltd.
The plaintiffs filed a suit for injunction alleging infringement of their patent (IN 200572) related to mobile communication handover decisions by the defendants, who manufacture and sell telecommunications equipment like Base Station Controllers. The court disposed of the application regarding the ad interim stay.
Bayer Corporation v.Union of India Through The Secretary; The Controller of Patents; Natco Pharma Limited
Bayer Corporation challenged the order by the Intellectual Property Appellate Board (IPAB) which upheld the Controller's decision to grant a Compulsory License to Natco Pharma Limited. The license was granted for Bayer's patented drug, Sorafenib Tosylate (Nexavar), used in treating various cancers.
Sahajanand Technologies Private Limited v.Regional Director - North Western Region - Ministry of Corporate Affairs
This Gujarat High Court order addressed a challenge to the Regional Director's decision, which had previously rejected an application under Section 22 of the Companies Act. The core dispute involved whether pending trademark proceedings should prevent the approval of a company name ('Sahajanand Laser Technology Private Limited'). The court admitted the appeal, recognizing that the distinct legal nature of the Companies Act application does not automatically render it sub-judice to ongoing trademark disputes.
Salzer Electronics Limited v.S.G.Controls & Switchgear (P) Ltd.
Salzer Electronics Limited appealed against a single judge's order that dismissed its applications seeking temporary injunctions regarding alleged infringement and passing off of its registered patent. The High Court set aside the impugned order, finding it lacked necessary details and discussion on the merits of the case.
Dr. Aloys Wobben and another v.Yogesh Mehra and others
Dr. Aloys Wobben (Appellant) filed multiple patent infringement suits against Yogesh Mehra and others (Respondents), who were also filing revocation petitions before the Intellectual Property Appellate Board. The Supreme Court examined whether these two actions could proceed concurrently.
Dr. Aloys Wobben v.Yogesh Mehra
Dr. Aloys Wobben filed multiple patent infringement suits against Yogesh Mehra and others, despite them having already filed numerous revocation petitions before the IPAB challenging his patents. The Supreme Court addressed whether these two proceedings could run concurrently.
3M Innovative Properties Company v.M/S Venus Safety & Health Pvt. Ltd.
This Delhi High Court judgment addresses an application challenging a prior ex-parte injunction restraining M/S Venus Safety & Health Pvt. Ltd. from manufacturing and selling a respiratory protection device, which was claimed to infringe Patent No. 211175 held by 3M Innovative Properties Company. The court examined the prima facie case presented by the plaintiff regarding the infringement of their patented flat-folded personal respiratory device. Given that the defendant had been using the impugned device since April 2011 and had made considerable investments, the court found the balance of convenience favored the defendants.
Teva Pharmaceutical Industries Ltd v.Natco Pharma Limited
Teva Pharmaceutical Industries challenged an order that returned its patent infringement suit against Natco Pharma Limited, arguing that the Delhi High Court lacked territorial jurisdiction. The core dispute revolved around whether the process patent infringement claim was limited only to exports from Hyderabad or if it extended to the apprehension of marketing within Delhi. The court held that since the plaint pleaded an apprehension of sale/marketing in Delhi, the court possessed jurisdiction. Consequently, the appeal was allowed, and the suit was restored.
Nokia Corporation v.Bharat Bhogilal Patel
Nokia Corporation filed a suit seeking a declaration of non-infringement against Bharat Bhogilal Patel, who claimed that Nokia's use of laser marking technology infringed his patents. The court examined evidence showing that the laser engraving process is a known and available technology since 1957, and found that the defendant's actions were groundless threats.
Sandeep Jaidka v.Mukesh Mittal & Anr.
Sandeep Jaidka filed a suit seeking permanent injunction against Mukesh Mittal & Anr. for infringing his registered patent (No. 231895) related to multi-sensory '4D' effects used in cinema halls. The plaintiff alleged that the defendants were willfully using his patented technology, which combines hardware and software to synchronize heating, cooling, and aromatic effects with movie scenes. While the plaintiff asserted infringement, Defendant No. 2 filed a counterclaim challenging the patent's validity based on prior art. The court denied the interim injunction but expedited the trial, setting conditions for the defendants regarding financial disclosures and security deposits.
Sergi Transformer Explosion Prevention Technologies Pvt Ltd v.Kumar Pratap Anil & Ors.
The plaintiff filed a suit seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention technologies. The defendants challenged the maintainability of the suit, arguing that the plaintiff's alleged exclusive license was invalid, back-dated, and unregistered.
Standard Corporation India Ltd. v.Tractors and Farm Equipment Ltd.
The appeal challenged an order that rejected a claim filed by Tractors and Farm Equipment Ltd. against Standard Corporation India Ltd. The suit involved allegations of copyright infringement and passing off related to tractor drawings. The appellant argued the suit was barred because the design had been used more than 50 times without registration under the Designs Act, 1911.
NTT DoCoMo Inc. v.The Assistant Controller of Patents and Designs, The Patent Office; The Controller of Patents, The Patent Office; The Union of India
NTT DoCoMo Inc. challenged the refusal by the Assistant Controller of Patents and Designs to revive its Patent Application No.4851/CHENP/2007. The application was mistakenly withdrawn due to a clerical error committed by the petitioner's erstwhile patent attorneys, who interchanged the numbers of two related applications. The court allowed the petition, holding that the petitioner was an innocent party and should not suffer injustice.
Consolidated Contractors International Company S.A.L. v.Consolidated Construction Consortium Ltd & Ors
This case addressed an application filed by Consolidated Contractors alleging wilful disobedience of a court order, specifically regarding the continued use of their logo by the defendants. The plaintiff had sought permanent injunctions for passing off and copyright infringement. The court examined whether the usage was intentional or merely inadvertent, referencing established legal precedents on contempt.
Venkatraman Das v.M/s.Vns Innovations Pvt. Limited
This civil suit was filed by Venkatraman Das seeking permanent injunction against M/s.Vns Innovations Pvt. Limited for allegedly infringing his registered patent on a 'Disposable Armpit Perspiration Pad' (Patent No. 181248). The defendants challenged the validity of the patent, arguing that the product was old and lacked novelty or inventive step. After examining the prior art, the court found that the plaintiff failed to demonstrate any genuine innovation over existing knowledge. Consequently, the suit for infringement and rendition of accounts was dismissed.
Reckitt Benckiser (India) Ltd. v.Hindustan Unilever Ltd.
The dispute involved multiple suits where both parties objected to each other's advertisements, alleging disparagement. The ads compared products like Dettol antiseptic liquid, Vim cleansing liquid, Lifebuoy soap, and Dettol cleaning liquid regarding their germ-killing or protective effects.
Darius Rutton Kavasmaneck v.Gharda Chemicals Limited
The plaintiff filed a suit seeking a declaration that certain patents belong to Defendant No. 1 and requesting Defendant No. 2 to assign them without compensation. The applicants, who hold shares in Defendant No. 1, sought impleadment as party defendants, arguing the suit was a derivative action benefiting minority shareholders. The court dismissed the Chamber Summons, finding that the interests of the plaintiff and the applicants were not common or rival.
Teva Pharmaceutical Industries Ltd. v.Natco Pharma Limited
Teva filed suit alleging Natco infringed its process patent (IN.190759) by manufacturing and exporting glatiramer acetate under the brand 'Glatimer'. Natco challenged the jurisdiction of the Delhi High Court, arguing that the alleged infringement related to export outside India, not local sales.
Enercon (India) Ltd. v.Enercon Gmbh
This appeal concerned a joint venture between Enercon (India) Ltd. and Enercon Gmbh, which involved the manufacture and sale of Wind Turbine Generators (WTGs). The dispute centered on whether various agreements, particularly the Intellectual Property License Agreement (IPLA), constituted legally binding contracts despite discrepancies.
Teijin Limited v.Union of India Through The Secretary, Department of Industry, Ministry of Industry and Commerce
Teijin Limited filed a writ petition seeking to quash orders that declared its Patent No. 207883 as ceased due to non-payment of renewal fees (annuities). The Petitioner argued that payments for various annuities, including the 3rd to 9th and 10th year, were made but incorrectly recorded by the Patent Office. The Court found in favor of the Petitioner, directing the restoration of the patent.
National Research Development Corporation v.M/S Industrial Carbon And Ors.
The dispute arose from a license granted by NRDC (a public sector enterprise) to M/S Industrial Carbon for manufacturing SIG contacts. The parties contested an arbitration award dated 28.05.2009 regarding royalty payments and damages. The Delhi High Court partially sustained the award, while setting aside the portion that denied NRDC's claim for royalty during the initial production period, remitting those claims back to the arbitrator.
M.C.Jayasingh v.Mishra Dhatu Nigam Limited (Midhani)
M.C. Jayasingh filed a suit alleging infringement of his registered Patents and Designs concerning 'Custom Mega Prosthesis' (CMP), specialized medical implants used in limb salvage surgery. The plaintiff claimed unique features, such as pivotal hinge mechanisms and thrust bearing pads, provided superior articulation and durability to the prostheses. However, the court found that the plaintiff failed to establish actual infringement against the defendants, concluding that the evidence presented was insufficient to prove similarity in shape or configuration.
Intex Technologies (India) Limited v.Telefonaktiebolaget LM Ericsson (Publ)
Intex Technologies (Informant) alleged that Telefonaktiebolaget LM Ericsson (Opposite Party), a major SEP holder in mobile communication, was demanding excessive and unfair royalty rates for licensing its patents. The Informant also complained about the use of NDAs and foreign jurisdiction clauses which restricted their ability to seek redressal.
U. Varadaraya Nayak v.S.K. Anand & Ors.
The suit involved U. Varadaraya Nayak, an individual inventor, seeking a permanent injunction against several companies (the Defendants) for infringing his patented invention: a twin blade razor (Patent No. 184118). The Plaintiff alleged that the Defendants were manufacturing and selling razors using his technology despite having previously been approached by him regarding licensing opportunities in 2003. However, the Delhi High Court dismissed the application for interim relief, finding that the balance of convenience favored the Defendants.
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