Industry Sector

Electronics — India Patent Cases

354 decisions indexed

Page 6 of 12 · 354 total

patent dismissed · Nov 6, 2023

M/s. Mex Switchgears Pvt. Limited v.M/s. Seasco Dae Jong Bldg & The Registrar of Trade Marks

Madras High Court · (T)CMA(TM)/177/2023

M/s. Mex Switchgears Pvt. Limited filed a Civil Miscellaneous Appeal challenging an earlier opposition order related to a trademark application in Class 9. However, the appellant subsequently instructed their counsel to withdraw the appeal. The Madras High Court accepted the memo of withdrawal and consequently dismissed the appeal without passing any orders regarding costs.

patent mixed · Oct 31, 2023

Atomberg Technologies Private Limited v.Mr. Kunhimoideen Kazhungumthottathil

Delhi High Court - Orders · CS(COMM) 854/2022

The Delhi High Court issued an order on October 31, 2023, directing the parties to proceed with the completion of pleadings in the trademark dispute. The court set a date for further proceedings while granting specific opportunities for both the plaintiff and defendant to file rejoinders in various interlocutory applications (IAs). This procedural step indicates that the case is moving forward through the discovery and pleading phase.

patent dismissed · Oct 30, 2023

Nripendra Kashyap Constituted Attorney of Huawei Device Co., Ltd. v.The Assistant Controller of patents and Designs Patent Office, Intellectual Property Building, GST Road, Guindy, Chennai 600 032

Madras High Court · (T)CMA(PT)/176/2023

The appellant, representing Huawei Device Co., Ltd., filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order granting a patent on Indian Patent Application No. 9270/CHEN/2013. The learned counsel for the appellant subsequently instructed to withdraw the appeal.

patent mixed · Oct 27, 2023

Zydus Healthcare Limited v.Flipkart Internet Pvt Ltd & Ors.

Delhi High Court - Orders · CS(COMM) 674/2023 I.A. 18850/2023

The Delhi High Court addressed concerns raised by Zydus Healthcare regarding counterfeit goods sold on Flipkart. While acknowledging that e-commerce platforms have mechanisms in place, the court highlighted critical procedural flaws, particularly concerning seller onboarding, GST misuse, and product identification (FSN). The judgment mandates Flipkart to investigate these issues, provide specific documentation like bank details, and implement technical solutions to prevent genuine sellers from being unfairly de-listed.

patent plaintiff favorable · Oct 20, 2023

Strix Ltd v.Maharaja Appliances Limited

Delhi High Court · CS(COMM) 403/2018

Strix Ltd filed a suit against Maharaja Appliances Limited alleging infringement of its patent (IN 192511/95) related to thermally sensitive overheat controls used in liquid heating vessels, specifically electric kettles. The defendant counter-claimed challenging the validity of the patent. Although the life of the patent had expired by the time of final judgment, the court found infringement and decreed the suit for damages and costs.

patent defendant favorable · Oct 19, 2023

Telefonaktiebolaget Lm Ericsson (Pub) v.Intex Technologies(India) Limited

Delhi High Court · CS(COMM) 769/2016

The court heard an application filed by the defendant (Intex) seeking modification of existing interim royalty rates. The court dismissed this application, noting that the defendant was straining to avoid complying with prior directions for royalty payments. Separately, the court disposed of an application concerning the reconstitution of a confidentiality club.

patent plaintiff favorable · Oct 10, 2023

Indiamart Intermesh Limited v.Mr Sameer Samim Khan & Ors.

Delhi High Court · CS(COMM) 631/2022

The Delhi High Court ruled in favor of Indiamart Intermesh Limited, granting permanent injunctions against the defendant for infringing its registered trademarks and copyrighted artistic works associated with the 'INDIAMART' brand. The court also ordered the transfer of specific domain names to the plaintiff and awarded punitive damages due to the defendant's alleged nefarious scheme to deceive innocent persons. This judgment strongly affirms the protection afforded to established digital brands operating in the B2B space.

patent defendant favorable · Oct 4, 2023

Essee Networks Private Limited & Ors. v.Paragon Cable India & Anr.

Delhi High Court - Orders · FAO(OS) (COMM) 196/2023, CAV 463/2023, CM APPL. 46475/2023

The Delhi High Court dismissed the appeal filed by Essee Networks Private Limited, upholding the Single Judge's decision. The core dispute revolved around the trademark 'ELEKTRON' for electric wires and cables. The court found that while the appellants claimed prior use dating back to 1992, they failed to provide sufficient documentary evidence to substantiate this claim. Conversely, the respondents successfully demonstrated a credible basis to challenge the validity of the appellant's registrations due to misleading claims regarding their usage period.

patent plaintiff favorable · Oct 4, 2023

Flipkart Internet Private Limited v.Godaddy Operating Company Llc & Ors.

Delhi High Court · CS(COMM) 370/2020 and O.A. 76/2023

The Delhi High Court addressed an appeal concerning the admissibility of a written statement in a trademark infringement suit involving domain names. The court clarified that in complex domain name disputes with numerous impleadments, the 120-day period for filing a written statement commences from the date the amended memo of parties is filed, not the initial notice date. Consequently, the court allowed the appeal and permitted the defendants' written statement to be taken on record after they paid a stipulated fee.

patent mixed · Sep 27, 2023

Zydus Healthcare Limited v.Flipkart Internet Pvt Ltd & Ors.

Delhi High Court - Orders · CS(COMM) 674/2023 I.A. 18850/2023

The Delhi High Court addressed concerns raised by Zydus Healthcare regarding counterfeit goods sold on Flipkart. While acknowledging that e-commerce platforms have mechanisms in place, the court highlighted critical procedural flaws, particularly concerning seller onboarding, GST misuse, and product identification (FSN). The judgment mandates Flipkart to investigate these issues, provide specific documentation like bank details, and implement technical solutions to prevent genuine sellers from being unfairly de-listed.

patent mixed · Sep 26, 2023

Mex Switchgears Pvt Ltd v.Twinkle Luminaires Pvt Ltd And Anr

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022

The Delhi High Court issued orders in two connected trademark appeal matters, C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022. In both cases, the court addressed procedural issues regarding service of documents, specifically the counterstatement filed by the respondents. The appellant argued that they were never properly served with these crucial documents. Consequently, the Court granted time for both parties to place their respective evidence on record and scheduled further hearings in January 2024.

patent mixed · Sep 26, 2023

Mex Switchgears Pvt Ltd v.Twinkle Luminaires Pvt Ltd And Anr

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022

The Delhi High Court issued orders in two connected trademark appeal matters, C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022. In both cases, the court addressed procedural issues regarding service of documents, specifically the counterstatement filed by the respondents. The appellant argued that they were never properly served with these crucial documents. Consequently, the Court granted time for both parties to place their respective evidence on record and scheduled further hearings in January 2024.

patent plaintiff favorable · Sep 25, 2023

Heraeus Electro-Nite International N.V. v.The Registrar of Trade Marks

Madras High Court · (T)CMA(TM)/158/2023

Heraeus Electro-Nite International N.V. successfully appealed a rejection by the Registrar of Trade Marks regarding its word mark 'QuiK-Tap' for temperature measuring devices. The Madras High Court overturned the refusal, finding that the original order and grounds of decision were unsustainable and lacked proper reasoning. The court accepted the evidence of use provided by the appellant, allowing the trademark application to proceed to advertisement.

patent pending · Sep 22, 2023

Communication Components Antena Inc. v.Rosenberger Hochfrequenztechnik Gmbh & Co. Kg

Delhi High Court - Orders · CS(COMM) 653/2019 & CC(COMM) 22/2022, I.A. 16988/2019, 7640/2022, 14592/2022, 15284/2023

The suit is a patent infringement action concerning Patent No. IN240893 ('Asymmetrical Beams for Spectrum Efficiency'). The court proceeded with the recording of cross-examinations of the Defendants' witnesses on September 22, 2023. Evidence has now been concluded, and directions were issued for parties to file written submissions before final arguments.

patent plaintiff favorable · Sep 19, 2023

Huawei Technologies Co., Ltd v.The Controller of Patents

Madras High Court · CMA(PT)/6/2023 and C.M.P.No.15812 of 2023

Huawei Technologies appealed the rejection of its PCT National Phase patent application by the Controller of Patents. The Controller rejected the application citing various objections, including issues with method claims and lack of clarity. The Madras High Court set aside the rejection order, finding that procedural lapses did not justify the rejection when substantive changes had been made to address the SER objections.

patent remanded · Sep 19, 2023

Huawei Technologies Co., Ltd v.The Controller of Patents

Madras High Court · CMA(PT)/6/2023 and C.M.P.No.15812 of 2023

Huawei Technologies appealed the rejection of its PCT National Phase patent application (No. 201947029757) by the Controller of Patents. The appellant argued that the objections raised in the Second Examination Report were effectively addressed through amendments, and the rejection was based on procedural grounds rather than merits. The High Court set aside the impugned order and remanded the matter for reconsideration.

patent plaintiff favorable · Sep 19, 2023

Huawei Technologies Co., Ltd v.The Controller of Patents

Madras High Court · CMA(PT)/6/2023 and C.M.P.Nos.12658, 15812 of 2023

Huawei Technologies appealed the Controller of Patents' decision to reject its PCT National Phase patent application. The Controller rejected the application citing various deficiencies, including improper numbering and lack of invention in certain claims. The High Court set aside the rejection order, finding that procedural errors did not justify the outright rejection, and remanded the matter for reconsideration.

patent plaintiff favorable · Sep 15, 2023

Raytheon Company v.Controller General Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 121/2022

Raytheon Company appealed the refusal of its patent application, 'Scheduling in a High-Performance Computing System,' which was rejected by the Controller under Section 15 for lack of inventive step and non-patentability (Section 3(k)). The core argument centered on the Controller incorrectly applying outdated Computer Related Invention Guidelines. Raytheon contended that their invention provided a technical solution to HPC scalability issues, specifically reducing job scheduling time. The Delhi High Court allowed the appeal, setting aside the refusal order and directing a fresh examination without mandating novel hardware.

patent mixed · Sep 6, 2023

Mex Switchgears Pvt Ltd v.Twinkle Luminaires Pvt Ltd And Anr

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022

The Delhi High Court issued orders in two connected trademark appeal matters, C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022. In both cases, the court addressed procedural issues regarding service of documents, specifically the counterstatement filed by the respondents. The appellant argued that they were never properly served with these crucial documents. Consequently, the Court granted time for both parties to place their respective evidence on record and scheduled further hearings in January 2024.

patent mixed · Sep 6, 2023

Mex Switchgears Pvt Ltd v.Twinkle Luminaires Pvt Ltd And Anr

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022

The Delhi High Court issued orders in two connected trademark appeal matters, C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022. In both cases, the court addressed procedural issues regarding service of documents, specifically the counterstatement filed by the respondents. The appellant argued that they were never properly served with these crucial documents. Consequently, the Court granted time for both parties to place their respective evidence on record and scheduled further hearings in January 2024.

patent plaintiff favorable · Aug 29, 2023

R X Infotech Private Limited v.Jalpa Rajesh Kumar Jain

Delhi High Court · CS(COMM) 75/2021

The Delhi High Court dismissed a defendant's application seeking to reject the plaint on grounds of lack of territorial jurisdiction. The court held that even if the suit was primarily based on Section 134 of the Trade Marks Act, the general provisions of Section 20 of the CPC allow for jurisdiction where any part of the cause of action arose. Specifically, the court found that online transactions related to the defendant's website could reasonably be considered to have occurred within Delhi, thus validating the plaintiff's choice of forum.

patent remanded · Aug 25, 2023

Nokia Technologies OY v.Assistant Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/75/2023

Nokia Technologies OY appealed the Assistant Controller's refusal to grant a patent for its system and method for listening to audio content. The appellant argued that the refusal order failed to consider their amended claims and responses to objections raised under Section 3(k).

patent dismissed · Aug 25, 2023

Sintex Industries Limited v.Controller Of Patents And Designs And Anr

Delhi High Court · C.A.(COMM.IPD-PAT) 377/2022

Sintex Industries Limited appealed against an order revoking Indian Patent No. 197086 on the ground of insufficiency of disclosure. The court noted that the subject patent had already been revoked by the Controller, satisfying the main prayer of the appellant for revocation. Consequently, the appeal was dismissed.

patent mixed · Jul 19, 2023

Livguard Energy Technologies Pvt Ltd. v.Mohammad Akil And Anr

Delhi High Court · C.O. (COMM.IPD-TM) 172/2021 & I.A. 12998/2023

The Delhi High Court disposed of a trademark infringement case following a comprehensive settlement between Livguard Energy Technologies Pvt Ltd. and Mohammad Akil And Anr. The respondent acknowledged the petitioner's exclusive rights in LIVFAST/ and agreed to cease using confusingly similar marks like LEFAST/. Crucially, the court directed the Trade Marks Registry to forthwith cancel two specific registrations (4059607 and 4380874) in favor of the respondent, finalizing the dispute while allowing a grace period for existing stock exhaustion.

patent plaintiff favorable · Jul 3, 2023

Paragon Cable India & Anr. v.Essee Networks Private Limited & Ors.

Delhi High Court · CS(COMM) 112/2023, I.A. 4176/2023

The Delhi High Court decreed the suit filed by Paragon Cable India against Essee Networks Private Limited, upholding a settlement agreement reached between the parties. The core dispute involved the infringement and passing off related to the trademark 'ELEKTRON'. Crucially, the court directed the Trademark Registry to expeditiously transfer the rights of the 'ELEKTRON' mark into the name of the plaintiffs, formalizing the assignment made by the defendants.

patent defendant favorable · Jun 26, 2023

Baskar v.CPIO, Ministry of Commerce & Industry, DPIIT, RTI Cell

Central Information Commission · CIC/CGPDT/A/2022/663763

The appellant filed an appeal seeking detailed information about objections and classification of their design patent application (367649-001) under the Designs Act, 2000. The CPIO denied the request, arguing that the procedural aspects of design examination are governed by the Designs Act and Rules, not the RTI Act. The Commission upheld this stance, citing precedents on the limited scope of public information.

patent plaintiff favorable · Jun 13, 2023

Guangdong Oppo Mobile Telecommunications Corp., Ltd. v.The Controller of Patents and Designs

Calcutta High Court · AID NO. 20 OF 2022

Oppo Mobile appealed the rejection of its patent application for a novel charging system and power adapter. The appellant contended that the rejection lacked reasons, failed to appreciate the requirements for novelty/inventiveness, and violated procedural rules by not issuing a Second Examination Report after amendments. The High Court allowed the appeal and remanded the matter back to the Controller for fresh consideration.

patent plaintiff favorable · Jun 2, 2023

Agfa Nv & Anr. v.The Assistant Controller Of Patents And Designs & Anr.

Delhi High Court · C.A.(COMM.IPD-PAT) 477/2022

Agfa Nv appealed a decision by the Assistant Controller of Patents and Designs that refused grant for its patent application concerning 'MANUFACTURING OF DECORATIVE LAMINATES BY INKJET'. The refusal was based on objections regarding lack of clarity, succinctness, and inventive step. The Delhi High Court examined these grounds, particularly focusing on whether vague terms like 'thermosetting resin' were adequately defined in the complete specification. Ultimately, the court set aside the impugned order, directing the Patent Office to proceed with granting the patent.

patent pending · May 29, 2023

Conqueror Innovations Private Limited v.Xiaomi Technology India Private Limited

Delhi High Court - Orders · CS(COMM) 361/2023

The plaintiffs filed a commercial suit alleging infringement based on their patent. The court addressed several interlocutory applications, granting exemptions for mediation and allowing parties time to file necessary pleadings and documents.

patent plaintiff favorable · May 23, 2023

Eureka Forbes Limited (Formerly Forbes Enviro Solutions Limited) v.Mr. Vinod K. And Anr.

Delhi High Court - Orders · CS(COMM) 335/2023

The Delhi High Court granted a permanent injunction in favor of Eureka Forbes Limited against Defendant No. 1 for infringing its trademarks ('AQUAGUARD', 'PAANI KA DOCTOR') and copyrights related to water purification systems and spares. The court also awarded damages and costs of Rs. 3,00,000/- to the plaintiff. This judgment underscores that a defendant who evades court proceedings by non-appearance can be held liable for damages, preventing them from benefiting from their evasion.

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