Chemical — India Patent Cases
151 decisions indexed
Page 4 of 6 · 151 total
Evonik Operations Gmbh Address For Service In India Lexorbis v.Controller General Of Patents, Designs & Trademarks & Anr.
Evonik Operations GmbH filed an appeal challenging the Assistant Controller's decision to reject its patent application (No. 201714031257). The rejection was based on the finding that the specification lacked a working example necessary to disclose the best method of performing the invention. This procedural order sets out the next steps for the appeal, requiring the respondent to file written submissions.
Pi Industries Limited v.Seedlings India Private Limited & Ors
The Delhi High Court addressed several interlocutory applications before proceeding with the main suit. The court decreed the suit against Defendants No. 1 to 3, based on their submission that they would not contest the patent infringement claim and were willing to suffer an injunction.
Atotech Deutschland GmbH v.Grauer & Well (India) Limited
The Bombay High Court addressed a commercial appeal filed by Atotech Deutschland GmbH seeking urgent interim relief in a trademark infringement suit concerning its 'TRICHROME' mark. The initial refusal of the injunction was based partly on procedural delays. However, the Appellate Bench clarified that under the statutory scheme of the Trade Marks Act, 1999, immediate protection for registered trademarks should be prioritized over minor delays. Consequently, the appeal was disposed of with directions allowing Atotech to request an early hearing and have its ad-interim relief application reconsidered on its merits.
Pidilite Industries Limited v.Q-Chem Sealers Pvt Ltd
Pidilite Industries Ltd filed a suit seeking protection against infringement and passing off concerning its various marks, labels, and the unique design of its DR FIXIT storage containers. The court addressed an interim application regarding service of notice and combined the causes of action.
Khadi And Village Industries Commission v.M/S Jbmr Enterprises
The Delhi High Court granted an interim injunction in favor of Khadi And Village Industries Commission against M/S JBMR Enterprises. The court found a prima facie case for infringement and passing off, noting that the defendant was using identical marks ('KHADI PRAKRITIK PAINT') and copying the entire trade dress and packaging of the plaintiff's eco-friendly paints. Consequently, the defendant was restrained from manufacturing or selling infringing products and directed to take down associated online presence.
A.R.Safiullah v.Daniel
The plaintiff filed a suit seeking permanent injunctions against the defendants for infringing his registered patent (No. 198079) related to food grade laminated paper and for passing off their products as the plaintiff's. The dispute was subsequently resolved between the parties.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner filed a writ petition challenging the Deputy Controller of Patents and Designs' order passed during Pre-Grant Opposition under Section 25(1) of the Patents Act. The respondent argued that the patent was already registered and other remedies, including Post-Grant Opposition, were available.
Sulphur Mills Limited v.M/s.Dayal Fertilizers Pvt. Limited
Sulphur Mills Limited appealed against an order that revoked its leave to sue M/s.Dayal Fertilizers Pvt. Limited and others regarding alleged patent infringement (Patent No.282429). The core issue before the Madras High Court was whether the suit fell within the court's territorial jurisdiction, given that the defendants operated outside the state. The court ultimately allowed the appeal, holding that the revocation of leave to sue was incorrect due to jurisdictional concerns.
Sulphur Mills Limited v.M/s.Dayal Fertilizers Pvt. Limited
Sulphur Mills Limited appealed against an order that revoked its leave to sue M/s.Dayal Fertilizers Pvt. Limited and others for alleged infringement of Patent No. 282429. The core issue revolved around whether the court had territorial jurisdiction, given that the defendants operated outside the local limits. The Madras High Court allowed the appeals, restoring the suit to the Commercial Division.
Company v.State Pollution Control Board (SPCB)
The petitioner company filed a writ petition seeking protection for its patent related to the manufacturing process of hazardous waste materials (SPL). The petitioner argued that the SPCB's planned review of criteria could negatively impact its patented process and lead to closure due to insufficient raw material sanction. The Court disposed of the petition by directing the SPCB and CPCB to consider the pending representations and grant a hearing to the petitioner.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors.
The suit was originally filed by Shogun Organics Ltd seeking permanent injunction against infringement of its process patent (IN236630) related to D-TRANS ALLETHRIN. The current application sought permission to sell existing manufactured stock prior to the final judgment. The court allowed the sale but directed the defendants to pay 5% of the sales value and deposit costs.
Deepak Nitrite Limited v.Sara Chemicals & Consultants
Deepak Nitrite Limited sought an urgent ad-interim injunction against Sara Chemicals & Consultants, alleging that Sara Chemicals had unilaterally filed five patent applications based on a proprietary process developed by Deepak Nitrite. The Petitioner argued that the relevant data and technology belonged exclusively to them, and there was a risk of third-party disclosure.
Dystar Colours Distribution Gmbh v.Jay Chemical Industries Ltd
The plaintiff filed a suit seeking interim protection for infringement of a patent. The court noted that the defendant had already filed its written statement and decided to expedite the hearing process.
M/S Clean Tech Corrosion Chemicals v.The State Of Andhra Pradesh
The petitioner, M/S Clean Tech Corrosion Chemicals, sought a writ of mandamus compelling the State of Andhra Pradesh to implement instructions mandating the use of its patented anti-corrosion admixture inhibitor liquid, CONCARE, in RCC structures. The state argued that it only recommended 'CONCARE or equivalent products' and was not bound to procure from the petitioner alone. The court ruled that while policy decisions are generally beyond judicial interference, the respondents must ensure that if they choose to use an anti-corrosion agent, it must be a licensed product.
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.
Ultratech Cement Limited v.Hari Om Plasters
Ultratech Cement Limited filed a suit against Hari Om Plasters alleging trademark infringement concerning various 'BIRLA' branded products. The court, after reviewing the site report and inventory of seized goods, granted leave to the plaintiffs. Crucially, the court passed a temporary order restraining the defendants from using any mark identical or deceptively similar to the registered 'BIRLA' trademarks, including specific variants like 'BIRLA WHITE' and 'BIRLA PLUS', pending the final hearing of the suit.
Pidilite Industries Limited v.Golden Glue and others
Pidilite Industries Limited filed a Commercial IP Suit against Golden Glue and others alleging passing off related to its FEVICRYL product line. The court granted leave under Clause XIV of the Letters Patent Act and also passed an interim order granting specific injunctions.
Associated Chemicals v.Associated Chemicals Corporation
In a commercial IP suit, the Bombay High Court mediated a settlement between Associated Chemicals and Associated Chemicals Corporation. The parties mutually agreed to allow both entities to continue using their respective trademarks—"Associated Chemicals" and "Associated Chemicals Corporation"—without objection. Furthermore, the Defendant agreed to remove the 'sister concern' designation from its website within 45 days, while allowing the Plaintiff to mention its group affiliation.
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.
Polycon Industries Pvt. Ltd v.The Union Of India & Ors
The petitioner challenged an order directing it to change its name because the 4th respondent claimed ownership of the trade mark "POLYCON". The court quashed the impugned order, finding that the Regional Director improperly invoked retrospective powers under Section 22 of the Companies Act and failed to consider factors like different product classifications (Class 17 vs Class 19) and distinct geographical markets.
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.
M/S Reino Industrial Organics Pvt. Ltd. v.M/S Refnol Resins & Chemicals Ltd.
The plaintiff filed a suit seeking perpetual injunction against the defendant for infringing its registered trade marks (REINOL/RIO-REINOL) and passing off goods under the deceptive mark 'Refnol' or company name REFNOL RESINS & CHEMICALS LTD. The court found that the defendant's use of similar marks amounted to infringement and passed off, leading to a decree in favor of the plaintiff.
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.
M/s Rana Sugars Limited v.State Of Punjab And Others
The petitioner, M/s Rana Sugars Limited, challenged a notification issued by the State of Punjab that amended distillery rules to mandate 'Superior-Grade quality and round in shape' for bottles. The petitioner argued that its innovative use of non-round shapes (kidney and rectangular) was commercially successful and protected by design registration. The court quashed the restriction on bottle shape, holding that the state lacked jurisdiction to specify this detail.
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.
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