Chemical — India Patent Cases
136 decisions indexed
Page 4 of 5 · 136 total
Shogun Organics Ltd. v.Gaur Hari Guchhait & Ors.
Shogun Organics Ltd. filed a suit seeking permanent injunction against infringement of its patent (IN-236630) related to the manufacturing process of d-trans Allethrin, an active ingredient in mosquito repellents. The Plaintiff alleged that the Defendants were using the patented process despite having different licenses. The court found the patent valid and ruled in favor of the Plaintiff.
Piramal Enterprises Limited v.Chemiloids and others
The dispute concerns the alleged unauthorized use of confidential information, specifically a Standard Operating Procedure (SOP), by Chemiloids and others in the process of extracting SI containing X-X% of 7-HF. The court appointed the Department of Chemical Engineering, IIT Madras, as an Expert Commissioner to compare the processes used by both parties.
Tapas Kanti Mandal v.Cosmo Films Ltd.
The petitioner, a former employee of Cosmo Films Ltd., challenged an injunction granted by the trial court restraining him from working in competing businesses after his resignation. The plaintiff company relied on a non-compete clause and confidentiality agreements regarding trade secrets and proprietary knowledge. The High Court ruled that post-service negative restrictive covenants are generally not enforceable, favoring the petitioner's right to profession.
Bharatbhai Padmakant Raut v.Madhu Silica Pvt Ltd
The respondents filed a civil suit seeking declaration that the petitioners' manufacturing and trade of various grades of silica was illegal, mala-fide, and void ab initio. The petitioners challenged this by seeking rejection of the plaint, arguing it was barred by law and lacked jurisdiction. The High Court rejected the petition, finding that there was a cause of action based on the alleged transfer of secret data.
Park Jeong Tae v.Hem Kund Sprayers
The plaintiff, Park Jeong Tae, sought a permanent injunction against the defendant, Hem Kund Sprayers, for infringing his registered patent (No. 254374) related to an injection moulded cleaning solution pump for chemical sprayers, marketed as 'Super-2000 Gold Sprayer'. The plaintiff also alleged passing off and copyright infringement on packaging. Based on a prima facie case, the court granted an ad-interim ex-parte injunction and appointed a Local Commissioner.
Chambal Fertilizers And Chemicals Ltd v.C.C.E., Jaipur I
The appellant, engaged in fertilizer manufacturing, was assessed service tax on agreements with foreign service providers for design and consultancy services. The Department argued these fell under IPR services. The Tribunal ruled that since the technical know-how and engineering designs were not recognized as IPR under any Indian law at the time of the agreement, there was no taxable IPR service.
Sh. P.C. Roy and Smt. Samita Roy v.The Secretary, Ministry of Defence, Government of India; The General Manager, Ordnance Factory, Ministry of Defence, Government of India; M/s S & S Chemical Works
The plaintiffs, who developed a Thermo Reactive Plastic foam Resin based on phenol formaldehyde compositions, sued the Ministry of Defence and M/s S & S Chemical Works for violating their trade secrets. The plaintiffs alleged that the defendants leaked this confidential information to defendant no. 3, allowing it to manufacture similar goods. The court found that the plaintiffs successfully proved the leakage of trade secrets but failed to prove the issue regarding rendition of accounts.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors
Shogun Organics Ltd filed a suit seeking permanent injunction against the infringement of its patent No. 236630, which covers the product D-TRANS ALLETHRIN. The plaintiff sought to amend the plaint to enhance the valuation of the suit due to market evidence showing widespread infringement by the defendants. Given that the defendants had challenged the validity and filed a revocation counter-claim, the court allowed the amendment, thereby enabling the continuation of the litigation.
Midas Hygiene Industries Pvt. Ltd. v.Sudhir Bhatia
Midas Hygiene Industries challenged the Copyright Board's order that cancelled its copyright registrations for packaging material used on insecticide chalks. The core dispute revolved around whether the artistic work, when applied to a product, qualified as a 'design' under the Designs Act, thereby triggering the automatic cessation of copyright under Section 15(2) of the Copyright Act. Midas argued that the label was merely an artistic work and not a design in the statutory sense. The Delhi High Court set aside the Board's finding regarding Section 15(2), but remanded the matter for fresh consideration on issues of originality, locus standi, and limitation.
Darius Rutton Kavasmaneck v.Gharda Chemicals Ltd.
This appeal involved a minority shareholder, Darius Rutton Kavasmaneck, challenging Gharda Chemicals Ltd. (Defendant No. 1) and its Managing Director (Defendant No. 2). The core grievance was that Defendant No. 2 had obtained several patents in his individual name despite using the company's substantial research and development infrastructure and investment. The plaintiff argued these patents belonged to the company, asserting a fiduciary duty breach by the MD. However, the Bombay High Court ultimately rejected the prayer for interim relief, finding no compelling reason to grant protection based solely on apprehension.
Darius Rutton Kavasmaneck v.Gharda Chemicals Limited
The Plaintiff, a minority shareholder, filed a derivative action alleging that Defendant No.2 (Chairman/MD) obtained and applied for several patents in his individual name instead of in the name of Defendant No.1 (the company). The court examined whether the plaintiff had locus standi to file this suit on behalf of the company.
Darius Rutton Kavasmaneck v.Gharda Chemicals Limited
The plaintiff filed a suit seeking a declaration that certain patents belong to Defendant No. 1 and requesting Defendant No. 2 to assign them without compensation. The applicants, who hold shares in Defendant No. 1, sought impleadment as party defendants, arguing the suit was a derivative action benefiting minority shareholders. The court dismissed the Chamber Summons, finding that the interests of the plaintiff and the applicants were not common or rival.
Union Of India v.Dr Ravindranath Pradhan
The Union of India appealed a single judge's order holding that the period of the petitioner's patent should be reckoned from 23.02.2001, not the original filing date of 19.06.1992. The dispute centered on whether procedural delays led to abandonment and how the commencement date should be determined under the Patents Act, 1970.
Indian Acrylics Limited v.E.I. Du Pont De Nemours And Ors.
Indian Acrylics Limited challenged a majority arbitral award issued by E.I. Du Pont De Nemours, which adjudicated disputes arising from know-how agreements related to acrylic fiber production. The Delhi High Court set aside the portion of the award that allowed Du Pont's claims, concluding that those monetary claims were barred by limitation and violated Indian public policy.
Sudarshan Karle v.Halasya Ramanathan
The appellants challenged an order that restrained them from transferring and commercializing technologies covered by several chemical patent applications. The appellants subsequently informed the court that the Patent Office found their claims did not constitute an invention, leading them to drop the patent pursuit. Consequently, the High Court disposed of the appeal.
M/S. NATIONAL RESEARCH DEVELOPMENT CORP. v.INEOS ABS LTD.
The appellant sought royalty payments under an agreement dated July 23, 1975, concerning patents related to ABS Resins. The court dismissed the appeal, holding that since both Indian Patents No. 110090 and 118359 had expired (Patent 110090 on May 2, 1981; Patent 118359 on October 31, 1979), the claim based on a license to use public property could not be binding.
M/S Godrej Sara Lee Ltd. v.Union Of India & Ors.
The petitioner challenged a tender requirement stipulating that all participants must obtain Transfer of Technology (TOT) from DRDO to supply DEPA 20% Spray and DEPA 50% lotion. The Division Bench upheld this condition, finding that the petitioner's formulation was distinct from the DRDO technology. The review petition sought to overturn this decision.
Rajnikant Devidas Shroff (Chairman Managing Director of United Phosphorous Limited & Anr.) v.Lucky Chemical Industry & Ors.
The applicants (Rajnikant) sought directions to appoint a Court Commissioner to inspect the premises of the respondents (Lucky Chemical Industry) to determine if they were producing Phosphorous Pentachloride using the patented method covered by Patent No. 172459, despite an existing injunction.
Rajnikant Devidas Shroff v.Pharma Chem
The plaintiffs filed a civil suit against the defendants regarding the patent rights related to the manufacturing process of Phosphorous Pentachloride. The court framed several issues, including infringement, entitlement to injunction and damages, and the validity/revocation of Patent No. 172459.
Glaverbel S.A. v.Dave Rose & Ors.
Glaverbel S.A. filed an application seeking an ad-interim injunction against Dave Rose & Ors., alleging that the defendants were manufacturing and selling copper-free mirrors infringing Patent No. 190380. The plaintiff claimed ownership of the innovative process and product, which lacked a copper layer.
National Research Development Corpn. v.M/s ABS Plastics Limited
The plaintiff sued the defendant for recovery of unpaid royalties under a 1975 license agreement covering two patents related to ABS Resigns. The defendant argued that the license was void because it lacked compulsory registration as required by the Patents Act, and further contended that the patent had expired before the suit was filed.
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.
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.
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.
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.
Bilcare Limited v.M/S.The Supreme Industries Limited
The suit was filed by Bilcare Limited seeking a permanent injunction against M/S. The Supreme Industries Limited for infringing registered patent number 197823, which covered 'metallized' film used in pharmaceutical packaging. The court examined the technical evidence and found that the plaintiff failed to establish a prima facie case of infringement.
Indian Farmers Fertilizer Co-operative Ltd. v.Commissioner Of Central Excise
The appellant, IFFCO, challenged the demand for service tax on payments made to HALDOR TOPSOE of Denmark. The dispute centered on whether the payment was for taxable consulting engineer services or merely for the licensing of 'know-how' and technical information. The Tribunal held that since the agreement was composite, the consideration must be bifurcated, with only the portion related to technical assistance being subject to service tax.
Hyderabad Chemical Supplies Limited v.United Phosphorus Limited And Anr.
The petitioner filed an Original Petition seeking revocation and interim suspension of Patent No. 185229. The respondent argued that since a related suit was already pending before the District Court, Indore, and a restraint order had been obtained there, conflicting orders could not be passed. The court ultimately dismissed the application for interim suspension.
Pidilite Industries Ltd. v.S.M. Associates And Ors.
The Bombay High Court ruled in favor of Pidilite Industries Ltd., granting an injunction against the defendants for infringing its registered trademark 'M-Seal' and copyright. Despite the defense arguing that the assignment deed excluded the rights related to the stylized mark, the court found that the defendant was fully aware of the plaintiff's established rights. The judgment confirms the initial ad-interim order, restricting the infringement injunction to specific parts of the packaging.
National Research Development Corporation of India v.Shri O.P. Kathpalia
The appellant (National Research Development Corporation) sought to refer a dispute concerning technical know-how transfer and royalty payments related to hard ferrites under an agreement dated 8th August, 1967. The respondent contested the liability for royalties and failure to file returns. The court dismissed the appeal, holding that the petition was hopelessly time barred due to the parties' conduct and the expiration of the original agreement.
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