India Patent Cases
2,823 decisions indexed
Page 94 of 95 · 2,823 total
Imperial Chemical Industries Ltd. v.Controller General Of Patents, Designs ...
The appeal challenged an order passed by the Controller General regarding the settlement of terms for an interim license allowing manufacture of a patented catalyst. The patent covered a specific composition and process for steam reforming catalysts. The Calcutta High Court ultimately declined to interfere with the Controller's order, noting that the patent was nearing expiry.
Raj Parkash v.Mangat Ram Chowdhry And Ors.
The plaintiff held a patent for a viewer using a medially cut positive 35mm film. The plaintiff alleged that the defendants were infringing this patent by manufacturing and selling identical film strip viewers. Although the initial suit was dismissed, the appeal court upheld the validity of the patent and found infringement.
C. Siddeswaran v.R. Shanmugham Pillai
The appeal challenged a trial court judgment that granted injunction and damages against the defendant for infringing the plaintiff's patent on an automatic machine used for frying Bengal gram. The appellant argued that since the patent had lapsed, the relief of injunction and destruction order could not continue. The High Court affirmed the damages but set aside the injunction and the destruction order due to the lapse of the patent.
Ram Narain Kher v.Ambassador Industries New Delhi And ...
The plaintiff sought an ad interim injunction against the defendants for allegedly infringing his patent related to air coolers. The defendants contested the application by challenging the validity of the patent, arguing that it lacked novelty and was not adequately described in the claims. The court ultimately vacated the temporary injunction due to the dispute over the patent's validity.
Poysha Industries Co. Ltd. v.Dy. Controller Of Patents And Designs
Poysha Industries Co. Ltd. appealed against a decision regarding a patent application filed by Metal Box Company of India Ltd. The appeal focused on whether the claimed pil-ferproof container closure had been publicly used or known in India before the filing date. The court found that the appellants failed to establish prior public use, leading to the dismissal of the appeal.
Shining Industries And Anr. v.Shri Krishna Industries
Shri Krishna Industries sued Shining Industries for infringing its patented lock design (Patent No. 99371). The appellants countered by challenging the validity of the patent, arguing that the respondent was not the true inventor and the mechanism was not novel. The court ultimately allowed the appeal, revoking the patent.
Raytheon Company v.The Controller Of Patents And Designs
Raytheon Company appealed the refusal of its patent application (No. 133687) for an 'Imaging System'. The refusal was based on the opinion of the Central Government, which held that the invention related to atomic energy and thus could not be patented under Section 20 of the Atomic Energy Act, 1962. The High Court dismissed the appeal, holding that the direction of the Central Government is final and beyond challenge in an appeal under the Patents Act.
Somabhai Ishwarbhai Bhagat v.Natwerlal Chhanalal And Co. And Ors.
The petitioner filed a civil suit alleging infringement of Patent No. 124131, which covered a roasting apparatus. The respondent counterclaimed seeking revocation of the patent. The court examined whether the suits and counterclaims were premature because they were filed before the official sealing date of the patent.
Hindustan Sanitaryware And Industries Limited v.Neiveli Ceramics And Refractories Ltd.
Hindustan Sanitaryware (petitioner) filed a petition before the Delhi High Court seeking the revocation of Patent No. 103411 held by Neiveli Ceramics (respondent). The core dispute revolved around whether the Delhi High Court had jurisdiction to hear the revocation petition, and whether the proceedings should be stayed due to an existing infringement suit in Madras.
National Research Development ... v.Bhupal Mining Works Etc.
The plaintiff filed a suit for recovery of unpaid royalties related to the use of Patent No. 48667 (mica insulating bricks). The defendant filed an application under Section 34 of the Arbitration Act, 1940, seeking a stay of the suit, arguing that disputes regarding royalty calculation and patent rights should be referred to arbitration. The court dismissed the application, finding no prior dispute existed and noting the defendants' failure to invoke the arbitration clause earlier.
Farbewerke Hoechst v.Unichem Laboratories And Ors.
Farbewerke Hoechst sued Unichem Laboratories for infringing Patent No. 58716, which covered the manufacture of sulphonyl-ureas like Tolbutamide (marketed as Rastinon). The defendants claimed non-infringement and challenged the validity of the patent. The court found that the plaintiffs' patent was valid and granted an injunction against the defendants.
V. Manioka Thevar v.Star Plough Works, Melur
The petitioner filed suit alleging infringement of his patent for a specific pattern of plough. The defendant contested the claim, arguing that the pattern was not original but based on prior public knowledge and invention by the defendant. The High Court dismissed the appeals, finding that the plaintiff failed to establish a strong prima facie case due to serious doubts regarding the patent's validity and its recent nature.
Farbenfebriken Bayer Aktiengesellschaft v.Joint Controller Of Patents And Designs
The patentee, Farbenfebriken Bayer Aktiengesellschaft, appealed against the Controller's decision to grant compulsory licenses for two patents (Nos. 43678 and 43679) to Arlabs Private Limited. The petitioner sought a certificate under Article 133(1)(c) of the Constitution to appeal further to the Supreme Court.
Laxmi Dutt Roop Chand v.Nankau And Ors.
The plaintiff, a partnership firm that purchased Patent No. 42514 of 1950 from the original patentee, sued the defendants for infringing the patented process for manufacturing hollow wares. The defendants counter-claimed seeking revocation of the patent on grounds including lack of inventive step and prior use. The court ultimately found that the patent was not novel or useful, establishing the defendant's counterclaim.
Indian Hume Pipe Co. Ltd. v.Vendra Venkanna, Proprietor Of Jai Bharathi Cement Works
The appellant, Indian Hume Pipe Co., Ltd., filed suits alleging that defendants were infringing its trade marks ('Hume Pipes') and patent (No. 20709) related to cement concrete pipes. The court affirmed the injunction against trademark infringement but remanded the matter for a Commissioner to assess damages due to disputes over injury quantification.
Upendra Nath Dass And Sons v.T.C. Martin
The plaintiff (Upendra Nath Dass And Sons) filed a suit seeking an interim injunction against the defendant (T.C. Martin) for groundless threats related to Patent No. 63186, which covers crushing machines used in tea manufacturing. The plaintiffs argued that the patent was invalid and they were not infringing it. However, the court held that merely claiming the patent is invalid is insufficient; the plaintiff must unequivocally state that there has been no infringement of the patent.
Mohd. Abdul Kereem v.M. Agaiah
The dispute originated from a trade mark infringement suit where the plaintiff's case was dismissed for default. The plaintiff sought review, which the trial judge allowed. The defendant appealed this decision to the High Court. The court ultimately held that an appeal against a review order granted on grounds outside the scope of Order 47 is incompetent.
V.B. Mohammed Ibrahim v.Alfred Schafraneck And Ors.
The plaintiff filed a suit seeking damages and injunction against defendants for manufacturing flower design chair seats, claiming patent rights. The court held that since the plaintiff was not registered as a patentee and had not followed the statutory procedure to register his title, he lacked the legal standing to file an infringement suit under Section 29 of the Patents and Designs Act. Furthermore, the court found that the actual invention was attributable only to defendants 1 and 2.
K.L. Chaturvedi v.State Of Madhya Pradesh And Ors.
The petitioner challenged the constitutionality of the Drugs Act, 1940, arguing that the amendment requiring mandatory disclosure of the true formula or list of ingredients for his proprietary medicine 'Germs Killer' infringed upon his right to protect his trade secret. The court upheld the amended provision, stating that the requirement was reasonable and aimed at preserving public health and safety.
K.L. Chaturvedi v.State Of Madhya Pradesh And Ors.
The petitioner challenged the constitutionality of the Drugs Act, 1940, arguing that the amendment requiring mandatory disclosure of the true formula or ingredient list for his proprietary medicine 'Germs Killer' would expose his trade secret. The court upheld the amended provisions, finding them reasonable and necessary for public health and safety.
Hiralal Banjara And Anr. v.Union Of India (Uoi) And Anr.
The petitioner sought a writ of Mandamus directing the respondents to extend the term of their patent or grant a new one, arguing that successive applications for extension were permissible. The court held that based on the scheme of the Act, only one application for extension is contemplated, and once an extension is granted, the power for granting further extensions is exhausted.
J. Nageswara Rao v.The State Of Madras
The petitioner challenged the classification of his patented medicine, 'Vitogen', as 'medicated wine' and the associated duties levied under the Madras Prohibition Act. The court examined the scope of the Act and various notifications regarding medicinal preparations. While upholding the liability of 'Vitogen' to pay a specific duty (Rs. 35 per proof gallon) under Notification No. 473, the court declared certain provisions of the Act, including Section 23(2) and Notification No. 941, as ultra vires and unenforceable.
Indian Hume Pipe Co., Ltd. v.Rohtas Industries Ltd.
The suit was filed seeking a perpetual injunction against Rohtas Industries Ltd. and others for allegedly infringing two patents held by Indian Hume Pipe Co., Ltd. The core issue before the court was whether the defendants' manufacturing and sales activities amounted to patent infringement.
Hiralal Banjara v.Bashiram Sharma And Ors.
Hiralal Banjara sought rectification of a patent register entry after the execution sale of his rights was set aside by the High Court. The case involved complex issues regarding the scope of the Controller's power and whether Hiralal Banjara qualified as an aggrieved person.
Gillette Industries Limited v.Yeshwant Brothers
Gillette Industries Limited sued Yeshwant Brothers for infringing a patent related to safety razor blades. The plaintiffs alleged that the defendants were importing and selling razor blades bearing names like 'Navy Blade' which infringed their patented design. The court found the patent valid, established infringement, and granted an injunction along with nominal damages.
Lallubhai Chakubhai Jariwala v.Chimanlal Chunilal And Co.
The plaintiff, holding a patent for an improved process of treating dried fruits, sued the defendants alleging infringement. The core dispute revolved around whether the defendants' process substantially matched the patented combination, particularly concerning the use of pressure.
Dorman Long And Co. Ltd. v.Jagadish Chandra Mahindra And Anr.
The appeal challenged an order by the Controller of Patents refusing subpoenas for expert witnesses. The petitioners sought a writ of certiorari or mandatory injunction, arguing they still had the right to present evidence. The court ultimately dismissed the appeal, finding that the Controller's decision was within his discretion and that the petitioners lacked adequate legal remedies.
Lallubhai Chakubhai Jarivala v.Shamaldas Sankalchand Shah
The case involved an appeal regarding a patent application for a process to whiten almond shells. The court examined whether the combination of bleaching powder and sulphur dioxide under pressure constituted an invention, and if the plaintiff was the true inventor. The court ultimately found in favor of the plaintiff.
Lallubhai Chakubhai Jarivala v.Shamaldas Sankalchand Shah
The appeal concerned a patent action regarding a novel chemical process for whitening almonds. The High Court examined whether the process constituted an invention, if the plaintiff was the original inventor, and addressed prior use defenses raised by the defendant's associates. The court ultimately allowed the appeal in favor of the plaintiff.
National Carbon Co., Incorporated v.Bright Star Battery Company
The National Carbon Company held Patent No. 17148 of 1930 for dry cell batteries. After initial litigation, they sought to amend their patent specification under Section 17 of the Act. The Bright Star Battery Company opposed this application, arguing that a suit for infringement was pending and an appeal had been lodged against the dismissal of the original suit. The Court ultimately dismissed the amendment application.
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