Chemical — India Patent Cases
151 decisions indexed
Page 2 of 6 · 151 total
Thijs, Roeland Michel Mathieu v.Assistant Controller Of Patents And Designs
The appeal challenged the refusal by the Assistant Controller to restore Patent No. 408932, which had been ceased due to non-payment of renewal fees. The appellant argued that the failure was caused because the patent grant notification was sent to an erroneous email address instead of the registered service address. The court allowed the appeal, finding that the cessation was not the fault of the appellant.
Akzo Nobel Coatings International B. v.Berger Paints India Limited and Anr.
The Calcutta High Court disposed of the appeal concerning the trademark 'POLYDUR'. The court noted that Respondent No. 1 had submitted a letter requesting the withdrawal of the trademark application (No. 1949642). Consequently, the High Court directed the Registrar of Trademarks, Kolkata, to process and pass the appropriate orders for the complete withdrawal of the mark within three weeks.
Star Scientific Limited v.The Controller Of Patents And Designs
Star Scientific Limited appealed the Controller's order refusing the grant of a patent (Application No. 202017011947) for Catalytic Combustion. The appellant argued that the refusal was flawed because it failed to consider their detailed responses and amendments, and that non-attendance at the hearing was not abandonment due to financial difficulties. The High Court set aside the impugned order and remanded the matter for fresh consideration.
Sonani Industries Pvt. Ltd. v.Galactica Processing Technologies Llp
Sonani Industries Pvt. Ltd. appealed an order from the Additional District Judge-11, Surat, challenging a rejection of its interim injunction application in a patent infringement suit. The plaintiff claimed that defendants were infringing their patented Diamond Holding Devices used in High Pressure High Temperature (HPHT) diamond treatment. The Gujarat High Court upheld the trial court's finding, concluding that the appellant failed to establish a prima facie case for infringement. Consequently, the appeal was dismissed, though the defendants were directed to maintain accurate accounts of revenue related to the disputed technology.
Rhodia Operations v.Deputy Controller of Patents and Designs, Government of India
Rhodia Operations appealed the rejection of its patent application for an esteramide compound by the Deputy Controller of Patents. The respondent rejected the claim as lacking inventive steps. The High Court found that the rejection was based on general observations and failed to address specific arguments made by the appellant regarding prior art, leading to the appeal being allowed.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed the refusal of its patent application, which was rejected citing lack of inventive step and being a mere admixture. The appellant argued that the crucial feature—the formation of a double population structure—was ignored by the respondent. The High Court allowed the appeal, finding procedural lapses in the rejection order, and remitted the matter for fresh consideration.
Pidilite Industries Limited v.Astral Limited (Formerly known as Resinova Chemie Limited)
Pidilite Industries Limited filed an interim application alleging that Astral Limited was infringing its registered design for the M-SEAL PV SEAL container. The plaintiff claimed originality in the shape and configuration of the container, which is used for solvent cement products. The court found a prima facie case for infringement and granted an ad interim injunction against the defendant's use of similar containers.
Indian Institute of Technology (IIT Madras) v.The Controller of Patents & Designs
IIT Madras appealed the refusal of its patent application concerning a method for doping potassium into ammonium perchlorate to increase burn rates in solid propellants. The Controller rejected the application citing lack of novelty, inventive step, and Section 3(d) restrictions. The High Court upheld the rejection on grounds of Sections 3(d) and 2(1)(ja), finding the claimed technical advance obvious.
M/S. Chandras Chemical Enterprises Pvt. Ltd. v.The Registrar Of Trade Marks And Ors
The Calcutta High Court issued a directive in the matter concerning the registration of the mark "DENSEAL (Gom.Dev)". Noting that the Registrar of Trade Marks had failed to transmit the original case record despite previous court directions, the Court granted a final opportunity. The Registrar was ordered to submit the complete record by August 19, 2024, with a warning that failure to comply would result in mandatory appearance before the Court on August 27, 2024.
GTZ India Pvt. Ltd. v.Artek Surfins Chemicals Ltd. & Anr.
The Delhi High Court dismissed an appeal filed by GTZ India Pvt. Ltd. against a commercial court order that granted an injunction to Artek Surfins Chemicals Ltd. The dispute centered on the use of specific alphanumeric codes (e.g., '786', '2048M') in chemical products. The court found prima facie evidence that GTZ copied these unique alpha numerals, which are used by Artek as source identifiers for their goods, thereby establishing a case of both trademark infringement and passing off.
Honeywell International Inc v.The Controller Of Patents
Honeywell International Inc appealed a decision by The Controller of Patents regarding its patent application for 'Organic Fluorescent Compositions.' The core dispute centered on the validity of amendments made to the original claims, specifically changing the scope from a 'composition' to just the 'compound.' Honeywell argued that these amendments merely narrowed the scope and were fully supported by the original specification. The Delhi High Court ultimately ruled in favor of the appellant, setting aside the impugned order and remanding the application for fresh examination.
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed a refusal order issued by the Controller of Patents for its patent application titled "Hair Dyeing Or Bleaching Method". The appeal was based on procedural infirmities, including the failure to raise objections under Section 3(a) in the hearing notice and the erroneous recording regarding industrial applicability. The Court found merit in these submissions and remanded the matter back to the Controller for fresh consideration.
Sonani Industries Pvt Ltd v.Prime Diamond Tech & Ors.
Sonani Industries Pvt Ltd challenged a trial court order that allowed its former employees, who formed Prime Diamond Tech, to continue their business activities despite allegations of copyright infringement. The appellant claimed that the respondents were using proprietary drawings and confidential information related to High Pressure High Temperature (HPHT) machines for diamond coloring. However, the Gujarat High Court dismissed the appeal, holding that the claim of a proprietary right is purely a question of fact requiring expert evidence during trial, and thus, no prima facie case warranted an injunction.
R.Vishnu Prasad v.The Controller of Patents, The Patent Office
The appellant filed an appeal challenging the order that his patent application was deemed abandoned due to a four-day delay in responding to the First Examination Report (FER). The appellant argued that the delay was minor and attributable to a clerical error. The High Court found the reasons acceptable, noting the minimal delay and the Controller's failure to properly address the Rule 137 application.
R.Vishnu Prasad v.The Controller of Patents, The Patent Office
The appellant filed a Civil Miscellaneous Appeal challenging the order that deemed his patent application abandoned due to a four-day delay in filing the response to the First Examination Report (FER). The appellant argued that the delay was minor and attributable to clerical error, and that the Controller had sufficient power to condone such irregularities. The High Court found the reasons acceptable and condoned the delay.
Pidilite Industries Ltd. v.Sanjay Jain & Anr
Pidilite Industries Ltd. sought the rectification and cancellation of a respondent's trademark ('POMA-EX KIWKHEAL') under Sections 47 and 57 of the Trade Marks Act, arguing that it was deceptively similar to their well-known mark 'FEVIKWIK'. The Delhi High Court dismissed the petition, holding that Pidilite could not claim a monopoly over the generic element 'KWIK' or its variations. Furthermore, the court noted that the rectification application must stand on its own merits and cannot rely solely on prior injunctions granted in separate infringement suits.
L Oreal v.The Assistant Controller Of Patents And Designs
L Oreal appealed an order by the Assistant Controller of Patents which rejected its patent application (No. 4652/DELNP/2013) for a process using thiopyridinone compounds. The appellant argued that the rejection was arbitrary, lacked reasoning, and failed to consider expert reports or properly analyze prior art under the Patents Act, 1970.
Martinswerk Gmbh v.The Assistant Controller of Patents and Designs, Government of India
Martinswerk Gmbh appealed the rejection of its product patent application for novel aluminum hydroxide flame retardants. The appeal argued that the Patent Controller repeatedly shifted and reverted between different limbs of Section 3(d) without providing a consistent or fair hearing process. The High Court found merit in these submissions.
Intelligent Energy Limited v.The Controller General of Patents, Designs & Trade Marks
Intelligent Energy Limited appealed the rejection of its patent application (No. 3716/CHENP/2007) by the Controller General, which held that the invention lacked inventive step due to close resemblance to prior art D1. The appellant argued that their technique for capturing byproduct hydrogen represented a significant improvement over existing technology. The High Court allowed the appeal and remanded the matter for fresh consideration.
W.R.Grace & Co.-Conn. v.The Controller of Patents
W.R.Grace & Co.-Conn appealed an order from the Controller of Patents rejecting its application for a patent on a propylene impact copolymer and method. The appellant argued that the rejection was flawed because the Controller failed to consider their written submissions and amendments made in response to prior art objections. The Madras High Court allowed the appeal, finding procedural lapses, and remanded the matter for fresh consideration.
Adama India Private Limited v.FMC Corporation & Anr.
This order addresses multiple suits filed in the Delhi High Court concerning patent infringement. Adama India Private Limited has sought a declaration that its CTPR manufacturing process does not infringe FMC Corporation's patent (IN 298645), while FMC Corporation seeks permanent injunction against Adama India for infringement.
Techpolymers Industria E Comercio Ltda v.The Deputy Controller of Patents and Designs, The Patent Office
The appellant challenged the rejection of its patent application by the Controller, which cited lack of inventive step and objected to an amendment under Section 59. The High Court found that the Controller failed to consider the explanations regarding prior art and misinterpreted the substance of the amended claim. Consequently, the appeal was allowed and remanded for fresh consideration.
Novozymes A/S v.The Controller of Patents
Novozymes A/S appealed an order by The Controller of Patents rejecting its application for a patent on 'Enzyme Dehairing of Skins and Hides'. The rejection was based on lack of inventive step and being contrary to public order (harm to animals).
Daikin Industries Ltd v.Controller of Patents and Designs
Daikin Industries Ltd appealed the rejection of its patent application for a 'Fluorinated Polymer and Surface Treating Agent Composition' by the Controller of Patents and Designs. The appellant argued that the controller had cherry-picked claims and failed to address the final amendments, leading to an avoidable litigation. The High Court allowed the appeal.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed a rejection order dated 11.11.2016 concerning Patent Application No. 6334/CHENP/2009, which related to polyamide materials with high fluid barrier properties. The appeal challenged the finding that the invention lacked inventive step and was obvious in view of prior art documents D5 and D6.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed a rejection order regarding its patent application for a polyamide material with high fluid barrier properties. The rejection was based on lack of inventive step, citing prior art D5 and D6. The court examined the teachings of both prior arts and concluded that combining them would lead to an obvious invention.
SRF Limited v.Solvay S A & Anr.
SRF Limited filed a petition seeking revocation of Patent No. IN331314, titled 'PROCESS FOR THE PREPARATION OF HALOGENATED CARBOXYLIC ANHYDRIDES', which was granted to Respondent no. 1. The petitioner claims that the patent ought not have been allowed due to various prior art and prior use evidence.
Fmc Agro Singapore Pte Ltd v.The Controller Of Patents
The appeal challenged the refusal order issued by the Controller of Patents, which rejected a second divisional application (grandchild application) because its claims were deemed to conflict with those in the original grandparent application. The appellant argued that filing the divisional application was necessitated by objections raised by the Controller. The High Court held that since the filing was a consequence of an objection, the division should be assessed on its own merits.
Sri Amaresh Banerjee v.The State of West Bengal & Ors.
The petitioner, a manufacturer of coaltar under the trade name 'Anchor', challenged the rejection of his application for reinvestigation before the Calcutta High Court. The dispute involved alleged infringement of the petitioner's registered trademark and copyright by the opposite party no. 1. The court ultimately dismissed the revision petition, finding that the investigation was conducted fairly and that the criminal proceedings amounted to an abuse of process since a civil suit on the same matter was already pending.
The Supreme Industries Ltd. v.Tandhan Polyplast Private Ltd.
This interim application sought to determine the method of inquiry regarding whether certain moulds/dyes were infringing material, considering the original patent had expired. The court considered the request for an independent scientific adviser under Section 115 but proceeded by allowing the parties to file their respective expert affidavits.
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