India Patent Cases
2,847 decisions indexed
Page 89 of 95 · 2,847 total
M.G.M. Entertainments Pvt. Ltd. v.Commissioner Of Customs
The Tribunal upheld the Customs department's decision that various payments made by the franchisee (M.G.M. Entertainments) to the foreign franchisor were part of the transaction value of the imported goods. These fees, including franchise fee, license fee for technical know-how, and royalty, were deemed necessary conditions for the sale and use of the licensed products.
Garware-Wall Ropes Ltd. v.Techfab India And 5 Ors.
The petitioner (Garware-Wall Ropes Ltd.), holding a patent for its Synthetic Rope Gabion (SRG Invention), filed a suit alleging infringement by the respondents after they acquired technical know-how from former employees. The appeal challenged an interlocutory order refusing the interim injunction, but the court ultimately dismissed the appeal and confirmed the refusal of the injunction.
Hind Mosaic and Cement Works and Another v.Shree Sahjanand Trading Corporation and Another
The court framed issues in a civil suit concerning alleged infringement of Patent No. 203004 held by the plaintiff (Hind Mosaic). The defendant (Shree Sahjanand Trading Corporation) contested the patent's validity and scope, leading to an oral order setting the next hearing date.
Span Diagnostic v.Assistant Controller Of Patents And ...
The dispute involved an appeal filed by Span Diagnostic challenging a decision made by the Controller of Patents concerning a patent opposition. The core legal question was whether the appeals were maintainable in the High Court or required transfer to the Appellate Board, given subsequent amendments and notifications.
F. Hoffmann-La Roche Ltd. v.Cipla Limited
This case involves F. Hoffmann-La Roche Ltd. seeking an ad-interim injunction against Cipla Limited for allegedly infringing its patent on the cancer drug Erlotinib (marketed as Tarceva). The court examined the balance between protecting the innovator's intellectual property rights and ensuring public access to a life-saving generic medication. Ultimately, the court dismissed the request for an immediate injunction, prioritizing the public interest in patient access.
Rolic Ag Et Al v.The Controller General Of Patents And ...
The appeal challenged the Patent Office's refusal to grant a patent for 'Topologically Structured Polymer Coating.' The appellants argued that the invention was novel and inventive, citing acceptance by the European Patent Office (EPO). The IPAB found that the Controller's refusal order lacked clarity and explicit reasons, leading to the remand of the case.
Michigan State University v.The Assistant Controller Of Patents And ...
Michigan State University appealed the decision of the Patent Office to abandon its divisional patent application (No. 1699/DEL/1996). The Patent Office had maintained objections that the claimed expression cassette did not constitute an invention under Section 2(1)(j) and was non-patentable. The IPAB found the abandonment order unsustainable due to a violation of natural justice, as no opportunity of hearing was provided.
M/S. Shand Pipe Industries Ltd v.M/S. Hind Mosaic & Cement Works & Ors
The petitioner appealed against an interim relief granted by the Division Bench. The Supreme Court found that the Division Bench failed to analyze the relevant provisions of the Patents Act, specifically Sec. 13(4) read with Secs. 47 and 48, concerning the effect of a counter claim and patent registration. Consequently, the Supreme Court set aside the order and remanded the matter for fresh consideration.
Wipro Limited v.Oushadha Chandrika Ayurvedic India (P) Limited
Wipro Limited appealed against a single judge's decision to reject suits filed for trademark infringement ("Chandrika") and copyright infringement. The core issue was whether the Madras High Court had jurisdiction, as the respondents were located outside its territorial limits. The court held that when challenging jurisdiction via demurrer, the allegations in the plaint must be accepted as true.
Wipro Limited, Thiru Vi Ka Industrial ... v.Oushadha Chandrika Ayurvedic India (P) ...
The plaintiffs (Wipro Limited) filed suits alleging infringement of their registered trade mark 'Chandrika' and associated copyright by the defendants. The lower court rejected these suits on jurisdictional grounds, arguing that no essential part of the cause of action arose within its territory. The High Court appellate bench overturned this decision, holding that when jurisdiction is challenged via demurrer, the allegations in the plaint must be taken as true.
J. Mitra And Co. Pvt. Ltd. v.Kesar Medicaments And Anr.
J. Mitra And Co. Pvt. Ltd. filed an application seeking a temporary injunction against Kesar Medicaments and others, alleging that their product, SIGNAL HCV, infringed on the plaintiff's Patent No. 194638. The patent covers a 'fourth generation' diagnostic device for detecting Hepatitis C Virus antibodies in human serum. The court examined the technical specifications of both devices, noting similarities in core components and identical sensitivity/specificity reports. Finding that the plaintiff had made out a prima facie case, the Delhi High Court granted the temporary injunction to protect the plaintiff's patent rights.
Bajaj Auto Ltd. v.Tvs Motor Company Ltd.
Bajaj Auto Ltd. sought an interim injunction against TVS Motor Company Ltd., alleging that its 125-CC 'FLAME' motorcycle infringed upon Bajaj's Patent No. 195904, which covers an improved four-stroke internal combustion engine using twin spark plugs. The court examined the prima facie case, finding that novelty and enablement had been established by the applicant through market presence. Consequently, the interim injunction was granted in favor of Bajaj Auto Ltd., restraining further infringement.
Ravi Kamal Bali v.Kala Tech And Ors.
The Plaintiff sought an injunction against the Defendants for manufacturing and selling tamper-proof locks/seals that allegedly infringed his patents. The court examined the infringement claims, noting the similarity between the parties' products. However, the court ultimately denied the injunction due to the Plaintiff's significant delay in bringing the matter before the court.
Eureka Forbes Ltd. v.Hindustan Unilever Ltd.
The appeal challenged the Single Judge's decision to allow a suit for patent infringement. The court examined whether the plaint disclosed a cause of action, particularly when the suit was filed against another patentee. The High Court held that the plaint did disclose a cause of action and dismissed the appeal.
Hind Mosaic And Cement Works And Anr. v.Shree Sahjanand Trading Corporation
The appellants, who held a patent for a PVC pipe joint system, filed a civil suit alleging infringement by the respondents. The appeal challenged the Single Judge's order rejecting an interim injunction. The High Court restored the ad-interim relief, finding that it was a fit case to grant interim relief.
E-Merge Tech Global Services P Ltd. v.Mr. M.R. Vindhyasagar and Datasolve Analytics P ltd.
The plaintiff, a knowledge processing service company, filed a civil suit alleging that the first defendant (a former senior employee) used his knowledge and access to proprietary information after resigning. The plaintiff further alleged that the first defendant incorporated the second defendant company, which operated with an identical business model and targeted the plaintiff's clients.
New Hope Food Industries (P) Limited v.Pioneer Bakeries (P) Limited
The Madras High Court allowed the appeals filed by New Hope Food Industries, granting an interlocutory injunction against Pioneer Bakeries. The court found that New Hope had established strong prima facie evidence regarding trademark infringement ('MILKA') and copyright violation concerning its 'MILKA WONDER CAKE' brand and packaging. This decision allows New Hope to protect its market reputation while mandating the company to deposit Rs. 20 lakhs annually into the suit for the duration of the litigation.
Garware-Wall Ropes Ltd. v.A.I. Chopra And Anr.
The plaintiff filed a suit seeking a declaration that the defendant was not entitled to manufacture or sell products patented by the plaintiff (GSWR and Spiral Lock Systems), along with a perpetual injunction. The dispute centered on whether the defendant's actions constituted patent infringement despite contractual stipulations regarding royalty and indemnity.
Dhanpat Seth And Ors. v.Nil Kamal Plastic Crates Ltd.
The plaintiffs appealed against the rejection of their interim relief application seeking to restrain the defendant from infringing Patent No. 195917, which covered a plastic Kilta device for hauling agricultural produce. The defendant argued that the patent was fraudulently obtained and that the invention was merely an old traditional product (Kilta).
Hind Mosaic And Cement Works v.Shree Sahjanand Trading Corporation
Plaintiffs filed a civil suit alleging that defendants were infringing their patent (No. 203004) related to pipes and fittings, seeking an interim injunction. The defendant counter-claimed for the revocation of the same patent. After examining the prima facie case, the court found no basis for sustaining the patent and a strong case for its revocation, leading to the vacation of the temporary injunction.
Hindustan Lever Limited v.Mr. Lalit Wadhwa And Anr.
Hindustan Lever Limited filed a suit alleging infringement of its valid patent (No. 198316) concerning a gravity fed water purification system by defendants, including those marketing 'Forbes Aquasure'. The court addressed preliminary objections raised by the defendants seeking rejection of the plaint and deletion of certain parties. While rejecting the plea that the plaint lacked a cause of action, the court allowed the request to delete one defendant, finding him neither necessary nor proper for the civil suit.
Novartis Ag v.Union Of India (Uoi)
Novartis challenged the constitutional validity of Section 3(d) of the Patents Act, 1970, arguing it violated both Article 14 and international obligations under TRIPS. The court examined the amended section which restricts patentability for new forms of known substances unless they enhance efficacy. Ultimately, the court held that the amended section was not violative of Article 14.
Novartis AG v.Union of India
Novartis AG challenged the constitutional validity and TRIPS compliance of Section 3(d) of the Patents Act, 1970 (as amended in 2005), arguing it was vague and arbitrary. The petitioner sought a declaration that the section was unconstitutional and requested permission to allow a specific patent application.
Lucky Chemical Industry & 3 v.Rajnikant Devidas Shroff & 2
Lucky Chemical Industry & 3 appealed a judgment passed by the Additional District Judge in Special Civil Suit No.1 of 2003. The original suit was filed by Rajnikant Devidas Shroff and United Phosphorus Limited, claiming infringement of Patent No. 172459 related to Phosphorus Pentachloride production. The trial court had partly allowed the suit, granting a perpetual injunction.
Fdc Limited (and others) v.Sanjeev Khandelwal Prem Niwas (and others)
This Civil Revision Petition challenged the grant of an ex parte ad-interim injunction by the trial court against several pharmaceutical companies. The petitioners argued that the injunction was arbitrary, as they were based outside the jurisdiction and no substantive evidence of infringement had been considered. The Madras High Court suspended the interim order, emphasizing that such a drastic relief requires elaborate oral and documentary evidence from both sides before judicial scrutiny.
Cadbury India Limited And Ors. v.Neeraj Food Products
The Delhi High Court granted an interlocutory injunction in favor of Cadbury India Limited against Neeraj Food Products, finding a prima facie case of trademark infringement and copyright violation. The court held that the defendant's use of 'JAMES BOND' was phonetically and visually confusingly similar to Cadbury's registered mark 'GEMS', leading to a high likelihood of deceiving unwary purchasers. Furthermore, the packaging adopted by the defendant was deemed a substantial imitation of Cadbury's distinctive pillow packs, constituting both copyright infringement and passing off.
Council Of Scientific And Industrial Research v.Goodman Drug House (P.) Ltd.
The dispute arose from an agreement between C.S.I.R./I.I.P. and Goodman Drug House for converting Menthone to Menthol using proprietary technology. When the project failed to yield results, Goodman sought damages through arbitration. The High Court upheld the District Judge's decision, dismissing the appeal against the arbitral award.
Bilcare Limited v.Amartara Private Limited
Bilcare Limited filed a patent infringement suit against Amartara Private Limited regarding a metallized packaging film protected by Indian Patent No. 197823. The plaintiff sought to continue an interim ex parte injunction, but the court found that the balance of convenience favored the defendant. Given that the patent was recently granted and faced pending post-grant opposition proceedings, the court vacated the initial injunction. Instead, it mandated the defendant to maintain sales accounts for the duration of the suit.
Bilcare Limited v.The Supreme Industries Ltd.
Bilcare Limited filed suits against The Supreme Industries Ltd. alleging infringement of its patented metallized PVC film used in pharmaceutical packaging. Bilcare sought a temporary injunction to restrain the respondents from manufacturing or selling the infringing product. However, the Delhi High Court dismissed the appeals filed by Bilcare, upholding the trial court's decision. The court found that the essential conditions for granting an injunction—prima facie case, balance of convenience, and irreparable loss—leaned in favor of the respondents.
National Research And Development v.Chrome International
This case involved an appeal challenging an arbitration award concerning non-payment of royalties by Chrome International to National Research And Development Corporation. The core dispute centered on whether the claim for unpaid royalty was time-barred, given that payments were due twice yearly.
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