Short Summary
The appeal challenged an earlier pre-grant objection order passed under Section 25 of the Patents Act, 1970. The court found that the impugned order suffered from a gross violation of natural justice due to its mechanical and verbatim reproduction of the private respondent's submissions without independent application of mind. Consequently, the court set aside the order and remanded the matter.
Detailed Summary
of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Calcutta High Court. Understanding the court's reasoning in UPL Limited vs Astec Lifeciences Limited And Anr is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Crompton Greaves Consumer Electricals LimitedvsCG Power And Industrial Solutions Limited & Anr.
The Delhi High Court addressed an application seeking temporary injunction regarding alleged infringement and passing off related to the Crompton brand. The Plaintiff contended that Defendants were deceptively using the protected trade name 'Crompton' across their product lines, despite prior warnings. While the court noted the ongoing dispute over design piracy of pumps, it issued a specific interim direction compelling Defendant No. 1 to formally instruct its channel partners and distributors to cease all use of the Plaintiff's trademark on products and online platforms.
Dashmesh Mechanical WorksvsHari Singh & Anr.
The plaintiff filed a suit under Section 106 of the Patents Act, 1970, seeking declaration and injunction against groundless threats related to Patent No. 213823. The defendants challenged the court's jurisdiction by filing an application for return of plaint due to lack of territorial jurisdiction.
Shabeer Ahmad BhatvsSushil Kumar Pathak
The Delhi High Court allowed an application filed by the petitioner seeking to correct a clerical error in a prior order. The correction involved changing the name of the entity receiving trademark assignments from 'Globiotech International' to 'M/s Glow Biotech Ltd', as stipulated in the underlying Memorandum of Understanding (MoU). This minor but crucial rectification ensures the court record accurately reflects the parties' agreement regarding the assignment of trademarks.
ITC LimitedvsPhilip Morris Products S.A.
ITC Limited appealed against an order from the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent No. IN319780, thereby maintaining the patent. The Appellant argued that the impugned order was non-speaking and unreasoned. Both parties consented to the matter being remanded.
Zydus Healthcare Ltd.vsAssistant Controller Of Patents And Designs & Anr.
Zydus Healthcare Ltd. challenged the grant of Patent IN 426553 by alleging that the claims were broadened beyond the original filing scope, violating Section 59 of the Patents Act, 1970. The court issued an interim order addressing procedural matters (CM 61/2023) and directed notice to all parties for further consideration of the main petition.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.