Glaxosmithkline Pharmaceuticals Limited v. Chembott Chemicals And Pharmaceutical Private Limited and Anr

Vertex Pharmaceuticals IncorporatedvsController General Of Patents, Design, Trademark And Geographical Indications & Ors.

Vertex Pharmaceuticals challenged notices and orders issued by the Controller General regarding its patent application for a cystic fibrosis treatment compound. The core legal question was whether a pre-grant opposition could be entertained after the patent had already been granted by the Controller. The Delhi High Court ruled in favor of Vertex, holding that once the Controller grants the patent, they become functus officio and cannot legally entertain subsequent oppositions.

Edward Charles Troppi SmythevsThe Controller General Of Patents Designs And Trade Marks

The writ petition was filed seeking direction to accept and process an Indian Patent Application (IN202447028876) after the statutory deadline for filing a request for examination lapsed. The lapse occurred due to an inadvertent calculation error by the petitioner's Indian patent agent, who mistakenly used the second priority date instead of the first.

M/S. Hatsun Agro Product LimitedvsH.Omar Farook and The Registrar of Trade Marks

M/S. Hatsun Agro Product Limited filed a petition seeking the cancellation and rectification of Trademark No. 2555577 in Class 25, arguing its invalidity or non-use. However, upon receiving an affidavit from the first respondent, H.Omar Farook, which confirmed that the trademark had expired on June 27, 2023, and that he would not renew it, the Madras High Court dismissed the petition as infructuous. This outcome highlights how a simple change in registration status can immediately resolve complex IP disputes.

Himalaya Wellness Company & Ors.vsPrk Productions Llp

Himalaya Wellness Company filed a suit alleging trademark infringement against Prk Productions LLP over the use of 'VIMALAYA' in their film 'Aachar & Co.' The Plaintiffs argued that this usage distorted their established brands like 'HIMALAYA', 'Liv.52', etc., causing consumer confusion. Despite initial denials by the Defendant, the Court found strong evidence supporting the similarity and registered trademarks of the Plaintiff. Consequently, the suit was formally registered, and summons were issued to compel the Defendant to appear and defend the allegations.

Aia Engineering LimitedvsBharat Heavy Electricals Ltd (Bhel)

Aia Engineering Limited filed a civil suit alleging that the third defendant infringed its patent (IN'740) related to wear-resistant metal parts used in industrial applications. The defendants challenged the jurisdiction of the Delhi High Court, arguing that the substantial cause of action arose outside Delhi.