India Patent Cases
2,823 decisions indexed
Page 85 of 95 · 2,823 total
Microsoft Regional Sales Corporation v.Deputy Director of IT, C/o S.R. Batliboi & Co
The petitioner, Microsoft Regional Sales Corporation, challenged additions made by the Assessing Officer regarding its revenue receipts from licensing Microsoft products. The core issue was whether these payments constituted taxable royalty income in the hands of the assessee. The Tribunal followed a previous ITAT decision and held that although the amount constitutes royalty, it is not assessable in the petitioner's hands.
Ms. Sakshi Mathur v.Dr. Nand Kumar & Ministry Of Health And Family Welfare (AIIMS)
Ms. Sakshi Mathur filed an appeal seeking certified copies of question booklets, OMR answer sheets, answer keys, and marks/rank from the AIIMS-MBBS Entrance Examination, 2011. The respondents claimed these materials were intellectual property exempt under Section 8(1)(d) and that a fiduciary relationship existed under Section 9 of the RTI Act. The Commission rejected these claims, ruling that the information was not exempted and directing the PIO to provide the requested copies.
Dr. Aloys Wobben v.Yogesh Mehra & Ors.
Dr. Aloys Wobben appealed a judgment regarding whether the respondents, who were defendants in infringement suits, could pursue their own counter claims for revocation of Dr. Wobben's patents before the IPAB while those infringement suits were ongoing. The court examined the distinction between the current situation and previous legal precedents involving simultaneous remedies.
Gilead Sciences Inc v.Intellectual Property Appellate Board
Gilead Sciences Inc challenged the IPAB's order rejecting its application for condonation of delay in appealing a patent rejection. The core dispute revolved around whether an appeal against a pre-grant opposition was maintainable under Section 117A of the Patents Act, and whether the Board had the power to relax the limitation period despite initial reluctance.
Shrinivas Suggandhalaya v.P.S.Lakshmi Kalavathi And Anr
Shrinivas Suggandhalaya filed a suit against P.S.Lakshmi Kalavathi and others alleging infringement of its intellectual property rights related to scented agarbatti. The plaintiff claimed ownership over the distinctive packaging design, which was registered under the Copyright Act, 1957, as well as the trademark 'NAGCHAMPA'. The court found that the defendants were manufacturing and selling spurious goods by copying both the unique label/packaging and using the identical trademark. Consequently, the suit was decreed in favor of Shrinivas Suggandhalaya.
Miss.Kajal Aggarwal v.The Managing Director, M/s.V.V.D. & Sons P.Ltd.
The actress, Miss. Kajal Aggarwal (Appellant), filed an appeal against the refusal to grant interim injunction, alleging that the Respondent used her image and profile for promoting their hair oil and coconut oil products after the one-year endorsement agreement expired. The court ruled in favor of the appellant, holding that the right to use the actress's profile is limited by the contract duration, thus granting the injunction.
M/S Godrej Sara Lee Ltd. v.Union Of India & Ors.
The petitioner challenged a tender requirement stipulating that all participants must obtain Transfer of Technology (TOT) from DRDO to supply DEPA 20% Spray and DEPA 50% lotion. The Division Bench upheld this condition, finding that the petitioner's formulation was distinct from the DRDO technology. The review petition sought to overturn this decision.
Sri Rajesh Kumar Banka v.The Union Of India & Ors.
The petitioner challenged an Intellectual Property Appellate Board (IPAB) order that revoked a patent granted to him. The sixth respondent sought revocation under Section 64 of the Patents Act, 1970, alleging lack of novelty based on prior art. The High Court admitted the petition but declined to grant any interim stay.
Unknown v.S.K.Maingi
The plaintiffs filed a suit seeking permanent injunction and damages against the defendant for infringing Indian Patent No.196774, which covers Erlotinib Hydrochloride. The core legal issue before the Madras High Court was whether it had the necessary territorial jurisdiction to try the infringement case, given that the plaintiff was not a resident of Delhi and the alleged sales were isolated.
Natural Remedies Private Limited v.Indian Herbs Research & Supply Co Ltd
The plaintiff, Natural Remedies Pvt Ltd, filed a suit seeking permanent injunction against the defendants for manufacturing and selling 'Livoliv-250', alleging infringement of their protected Patent No. 186857 for 'A method of preparing a Herbal Hepatoprotective and Antihepatotoxic Composition' (Zigbir). The court found that the defendants did not follow the same patented process, and furthermore, the invention lacked an inventive step, leading to the patent being revoked.
Kwality Biscuits Pvt. Ltd. v.Asst. Commissioner of Income-tax Circle-11(5), Bangalore
Kwality Biscuits Pvt. Ltd. transferred its intellectual property rights (trade marks, designs, and copyrights) related to 'Kwality' biscuits to M/s.Britania Industries Ltd. for ₹30 crores. The Assessing Officer taxed this receipt as long-term capital gains, arguing that the transfer included the right to manufacture. The Tribunal ultimately held that the right to market was distinct from the right to manufacture.
Matrix Laboratories Limited v.F.Hoffman La Roche Ltd.
This appeal involved Matrix Laboratories Limited challenging an order that granted leave to sue regarding alleged infringement of Patent No. 196774, which covers Erlotinib Hydrochloride. The core dispute centered on whether the appellant's filing of a revocation petition before the IPA Board in Chennai created sufficient territorial jurisdiction for the Madras High Court to hear the suit. The court ultimately ruled that merely approaching the IPA Board does not automatically confer cause of action or jurisdiction, especially when the appellant's primary operations are elsewhere.
Lg Electronics India Pvt. Ltd. v.Bharat Bhogilal Patel & Others
LG Electronics filed a suit challenging actions taken by Customs officials (Defendants No. 2 and 3) who were restricting the clearance of its goods based on a patent infringement complaint filed by Defendant No. 1. The plaintiff argued that the impugned patent lacked novelty and inventive step, and that Customs action was contrary to government circulars regarding border measures for patents.
Maharashtra Hybrid Seeds Co. Ltd v.Uoi And Aors
The petitioner challenged an order directing the Registry to furnish certified copies of its plant variety registration applications to a competitor (Respondent No. 3) upon request under Form PV-33. The petitioner argued that the application contained confidential information and disclosure would harm its competitive position. The court dismissed the petition, holding that the provisions of the Act mandate public disclosure of such documents.
Ten Xc Wireless Inc v.Mobi Antenna Technologies (Shenzhen)
Ten Xc Wireless Inc filed two suits seeking permanent injunctions and damages against various defendants, alleging infringement of its registered patent (IN 240893) related to 'Asymmetrical Beams for Spectrum Efficiency' used in Bi-Sector Array Antennas. The core dispute revolves around the use of asymmetric beam patterns in wireless communication systems. Although the plaintiffs sought interim injunctions, the court deferred a decision on costs because the defendants had raised credible challenges regarding the patent's validity, which must be examined during the trial.
Glaverbel S.A. v.Dave Rose & Ors.
This case involves Glaverbel S.A., which filed a suit alleging infringement of its patented 'Mirox New Generation Ecological Mirrors' (MNGE mirrors). The plaintiff sought permission to introduce an amended version of Patent No. 190380, which had been allowed in a previous related suit. However, the court ruled against this request, emphasizing that while the amendment might be clarificatory, it cannot be relied upon in the current litigation unless formally recorded and notified by the Patent Office, as the pleadings in the present case relate only to the unamended patent.
Carlos Alberto Perez Lafuente v.Union Of India And Ors
This petition challenged the Patent Office's refusal to accept Form 18, a request for examination under the Patents Act, citing that it was filed beyond the prescribed time limit. The core dispute revolved around an apparent conflict between Rule 24B of the Patents Rules and the guidelines set forth by WIPO/PCT regarding the commencement date for calculating the 48-month period. Given the ambiguity and potential impact on other applicants, the High Court found it expedient to remand the matter back to the Controller General of Patents for a reasoned consideration.
M/s.TVS Motor Company Limited v.M/s.Bajaj Auto Limited
TVS Motor Company Limited filed applications seeking permission to reserve its right to lead evidence concerning the invalidity of Bajaj Auto Limited's Patent No.195904, which was central to a suit challenging infringement by the product TVS Flame. The court found that due to the interconnected nature of the facts and issues in both suits, a joint trial was necessary.
Respondents/Plaintiffs v.Applicant/Defendant
The plaintiffs filed a suit seeking permanent injunction against the defendant for infringing Indian Patent No.196774 related to the cancer drug EROLTINIB HYDROCHLORIDE (TARCEVA). The defendant subsequently filed an application to revoke the leave granted by the court, arguing lack of jurisdiction. The Court held that since the defendant approached the IPA Board in Chennai with a revocation petition, a part of the cause of action arose within its jurisdiction.
Polydrug Laboratroies P.Ltd v.Controller Of Patents & Ors.
Polydrug Laboratroies P. Ltd appealed against a judgment where its evidence was not taken on record. The appellant argued that the Controller had the power to extend time for filing evidence under Rule 138 of the Patent Rules, 2003. The Supreme Court agreed with this view and set aside the impugned judgment.
Ctr Manufacturing Industries Limited v.The Controller Of Patents And Designs & Ors.
The petitioner filed a writ petition challenging the rejection of its application seeking specific information from the Controller of Patents. The court admitted the petition after hearing counsel for both parties, noting that no interim order was sought at that stage.
Hindustan Unilever Limited v.The Controller Of Patents & Ors.
Hindustan Unilever Limited challenged an order by the Deputy Controller of Patents & Designs which allowed the patentee to submit a reply statement after missing the statutory deadline. The petitioner argued this contravened the Patents Rules, 2003. The Court admitted the petition and stayed further proceedings pending its final hearing.
Sergi Transformers Explosion Prevention Technologies Private Limited v.CTR Manufacturing Industries Limited
The applicant challenged the District Judge's order which prevented them from filing a counterclaim seeking revocation of a patent. The dispute involved an infringement suit filed by respondents against the applicant. The High Court allowed the Civil Revision Application, holding that the trial judge erred in interpreting Section 104 of the Patents Act.
Dr. B. Sahu v.State Of U.P. & Ors.
The petitioner, an Executive Director, challenged a complaint case alleging that selected candidates had stolen secret formulas and information from the respondent company. The petitioner argued that any violation of contracts or IP rights was a civil matter, not criminal. The court agreed, holding that allegations of secrecy theft are subject to civil suit.
Garware-Wall Ropes Ltd. v.Mr Anant Kanoi-Partner & 5
The plaintiffs filed a suit seeking injunction and account of profits against the defendants under the Patents Act, 1970, alleging patent infringement. The court noted that twenty-three issues had been framed and agreed to allow parties to appoint a Court Commissioner to record oral evidence to expedite the final disposal of the suit.
Sachdeva & Sons Industries Pvt. Ltd. v.Shri Bhupinder Jain
The appellant filed a suit for permanent injunction against the respondent alleging infringement of registered trademarks ("Pari") and copyright. The lower court rejected the plaint on the ground that the courts in Amritsar lacked territorial jurisdiction. The High Court set aside this order, holding that under Section 134(2) of the Trade Marks Act, 1999, the courts where the plaintiff carries on business have jurisdiction.
Electronic Machine Tools Limited v.Power Engineers
Electronic Machine Tools Limited filed a suit seeking permanent injunction and damages for infringement of its registered patents (Nos. 188585 and 190675). The trial court rejected the plaint, finding no cause of action against the first respondent. The High Court allowed the appeal, holding that the plaint did disclose a triable issue.
Nippon Steel Corporation v.Union Of India
Nippon Steel Corporation challenged the refusal by the Controller of Patents to allow an amendment to its patent application's priority date. The Petitioner, which holds world-class technology in medium-high grade steel, had missed the deadline for filing a Request for Examination (RFE) due to a docketing error at its attorney's office. The Petitioner subsequently sought to amend the priority date to extend the RFE window. However, the Delhi High Court dismissed the writ petition, holding that once an application is deemed withdrawn under Section 11-B(4), the Controller cannot entertain any amendment, regardless of the reason for missing the deadline.
Michael Casey Enterprises Ltd. v.Asian Sky Shop & Anr
Michael Casey Enterprises Ltd. filed two suits against Asian Sky Shop & Anr alleging infringement of copyright and passing off related to their health equipment, 'AB KING PRO'. The plaintiffs claimed the product's engineering drawings were original artistic works protected by copyright, while the defendants argued that the design was merely ornamental and covered under the Designs Act, 2000. However, due to the plaintiffs failing to appear despite applications for counsel discharge, the court dismissed both suits in default.
Michael Casey Enterprises Ltd. v.Tvc Sky Shop
Michael Casey Enterprises Ltd. filed two suits alleging infringement of copyright and passing off against TVC Sky Shop and Asian Sky Shop. The plaintiffs claimed their health equipment design, 'AB KING PRO,' was protected by both a US patent/design registration and Indian copyright law. However, the court noted significant disputes regarding whether the functional drawings qualified as aesthetic copyrighted works or merely ornamental designs under the Designs Act. Ultimately, due to the plaintiffs' failure to appear despite applications for counsel discharge, the suits were dismissed in default.
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