Mechanical — India Patent Cases
274 decisions indexed
Page 3 of 10 · 274 total
Vellaisamy Thavamani Pandi v.The Controller of Patents & Designs
The appeal challenged an order dated 28.11.2018 passed by the Controller of Patents & Designs, which refused to grant a patent for 'System for construction of composite U shaped reinforced girders bridge deck' under Section 3 of the Patents Act, 1970. The appellants argued that the refusal was arbitrary because the respondent failed to consider their foreign patents and made contradictory findings regarding inventive step.
Prakash Pipes Limited v.Jai Ambay Industries And Anr.
The Delhi High Court allowed a rectification petition filed by Prakash Pipes Limited against Jai Ambay Industries. The court found that the respondent's registration of the mark 'KIRANPARKASH' was obtained fraudulently and dishonestly, as it was confusingly similar to the petitioner's established mark 'PRAKASH'. Furthermore, the court noted discrepancies in the respondent's claimed turnover versus its micro-enterprise status. Consequently, the Court directed the Trade Mark Registry to remove the impugned trademark from the register.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The suit was filed seeking permanent injunction against infringement of a registered patent for a self-locking glazing system. The present application sought permission to take on record additional invoices and bank statements, which were needed to respond to objections raised by the defendant regarding discrepancies in earlier filings. The court allowed the plaintiff's application under Order XI Rule 1(c)(ii) CPC.
Ucon Pt Structural System Private Limited v.Utracon Corporation Pte Ltd., Utracon Management Pte Ltd., and Utracon Engineering Services Private Limited
The Madras High Court dismissed multiple arbitration applications seeking various interim injunctions against Utracon entities. The applicants, Ucon PT Structural System Private Limited, sought protection against client/employee poaching and the use of the 'UTRACON' name and logo. However, the court found that the non-compete and non-solicitation clause in the underlying Sale of Shares Agreement had expired after 10 years. Furthermore, the applicants failed to establish a prima facie case or demonstrate irreparable harm, leading to the dismissal of all interim relief requests.
Mr.Rahul Bagga v.The Controller of Patent
The petitioner filed a writ petition seeking to quash an abandonment order related to his patent application (No. 202041009246). The petitioner argued that he was unable to upload the response to the First Examination Report on the deadline due to technical/server errors on the respondent's website. The court found merit in this claim and ordered the abandonment quashed, directing the respondent to accept the response.
M/s.Shaktiman Equipments Private Limited v.Union of India
The Madras High Court dismissed the writ petition filed by M/s. Shaktiman Equipments Private Limited, upholding an earlier order from the Ministry of Corporate Affairs (MCA). The core dispute involved the use of the identical trade name 'Shaktiman' by both parties. The court affirmed that since the respondent company held extensive and long-standing trademark rights for 'Shaktiman,' its continued use by the petitioner was contrary to corporate incorporation rules, regardless of differences in product categories.
Gurcharan Singh v.The Controller Of Patents
Gurcharan Singh filed an appeal challenging the Controller of Patents' order which dismissed his Review Petition. The initial application for condonation of 150 days delay was allowed by the High Court, and the main appeal was listed for further proceedings.
Shankar Engineering Works And Ors v.Sankar Iron Engineering Works Pvt Ltd And Ors.
The plaintiffs filed a suit seeking perpetual injunction against the defendants concerning an alleged mark used by the defendants for identical products. The plaintiffs argued that there was urgency and sufficient cause to bypass the pre-mediation process.
Gala Precision Engineering Limited v.Nord Lock Ab
Gala Precision Engineering Limited filed suits seeking a declaration that its manufacturing and sale of washers does not infringe Nord Lock Ab's patent. The court noted that the issues raised by the plaintiff are also subject matter in another suit filed by Nord Lock Ab (CS(COMM) 895/2023).
Gala Precision Engineering Limited v.Nord Lock Ab
Gala Precision Engineering Limited filed suits seeking a declaration that its manufacturing and sale of washers does not infringe Nord Lock Ab's patent. The court noted that the issues raised by the plaintiff are also subject matter in another suit filed by Nord Lock Ab (CS(COMM) 895/2023).
Gala Precision Engineering Limited v.Nord Lock Ab
Gala Precision Engineering Limited filed suits seeking a declaration that its manufacturing and sale of washers does not infringe Nord Lock Ab's patent. The defendant submitted that these suits were not maintainable as they raised issues already subject to a suit filed by Nord Lock Ab (CS(COMM) 895/2023).
Nippon Steel Corporation v.Controller General Of Patents, Designs & Trademarks & Anr.
Nippon Steel Corporation appealed a decision by the Controller General of Patents which refused its patent application for a gas flue repair method and device under Section 3(d) of the Patent Act. The appellant argued that the rejection was arbitrary and violated principles of natural justice because the specific objection (Section 3(d)) was not clearly communicated in the initial hearing notice. The Delhi High Court agreed, finding the impugned order unsustainable due to lack of sufficient reasons. Consequently, the court set aside the refusal and remanded the matter for fresh consideration, mandating a clear delineation of all objections before granting a new hearing.
Novenco Building & Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The plaintiff filed a civil suit alleging infringement of its patents and design rights concerning axial fans. The defendants moved an application seeking rejection of the plaint on the ground that the suit was barred by law because the plaintiff failed to comply with mandatory Pre-Institution Mediation under the Commercial Courts Act, 2015.
Novenco Building & Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The defendant filed an application seeking the return of the plaint, arguing that no cause of action had accrued in Himachal Pradesh. The plaintiff contended that the defendants were selling infringing fans and conducting business in the state. The court dismissed the application, holding that the defendants' techno-commercial offer made in Baddi demonstrated they were carrying on business within the territorial jurisdiction.
Terex India Private Limited v.Cde Asia Ltd.
Terex India Private Limited appealed an order refusing its post-grant opposition against Indian Patent No. 307249, which was granted to CDE Asia Ltd. The appellant argued that the Deputy Controller's decision failed to provide independent reasoning or address key legal submissions regarding patentability and prior art. The Calcutta High Court set aside the impugned order, quashing it and remanding the matter for fresh consideration.
Falcon Autotech Private Limited v.Kengic Intelligent Technology Co. Ltd.
The plaintiff filed a suit alleging infringement of its patented 'Integrated Pre-Sortation System' (Patent No. IN410846). The plaintiff sought an interim injunction to protect its statutory rights against the defendant, who was allegedly manufacturing and selling infringing sorter machines in India without proper licenses.
Mold-Tek Packaging Limited v.Ideal Technoplast Industries Limited & Ors.
The plaintiff, Mold-Tek Packaging Limited, filed a commercial suit seeking permanent injunction against infringement of its registered patents and designs. The court granted several procedural exemptions to the plaintiff, including exemption from advance service and pre-litigation mediation. Furthermore, the court allowed an application for Local Commissioners to conduct search and seizure at the defendants' premises regarding alleged patent infringement.
Victaulic Company v.The Controller of Patents and Designs, Government of India
Victaulic Company appealed the rejection of its patent application (No. 201948026247) by the Controller of Patents and Designs, Delhi. The appeal argued that the rejection disregarded a precedent set by the Delhi High Court in Syngenta Limited vs. Controller of Patents and Designs. The Madras High Court allowed the appeal.
Mae Maschinen-und Apparatebau G?tzen GmbH v.The Controller of Patents and Designs, Government of India
Mae Maschinen-und Apparatebau G?tzen GmbH appealed the rejection of its patent application (No. 201748028185) by the Controller of Patents and Designs. The appellant argued that the rejection disregarded a precedent set by the Delhi High Court regarding divisional applications. The Madras High Court agreed, finding the rejection contrary to established law.
Vishal Choudhary v.Snpc Machines Private Limited
Vishal Choudhary appealed an order that restrained him from manufacturing and selling brick making machines due to alleged patent and copyright infringement. The High Court reviewed the matter, including a local commissioner's report confirming the availability of eight such machines.
M/S Shri Bajrang Power And Ispat Limited v.Mr. Mukesh Goyal and others
The Chhattisgarh High Court admitted an appeal challenging a lower court's rejection of an interim injunction application concerning trademark infringement and passing off. The appellant, M/S Shri Bajrang Power And Ispat Limited (owner of GOEL), argued that the respondents were deceptively using 'GOYAL GLOBAL' in the steel goods market to capitalize on its goodwill. While directing the Commercial Court to decide the main suit expeditiously, the High Court maintained an interim restraint order preventing the named respondents from using the disputed marks until the final judgment.
Nord Lock Ab v.Gala Precision Engineering Private Limited
The plaintiffs filed an application seeking a permanent injunction against the defendants, alleging that the defendants were infringing two registered patents related to the manufacture of washers. The court issued notice and directed that if the defendants file a suit challenging the validity or non-infringement of these patents, it must be done within the jurisdiction of the Delhi High Court.
Paresh Ajitkumar Kapoor v.Controller Of Patents And Designs And Ors.
The appellant, Paresh Ajitkumar Kapoor, appealed against an order by the Deputy Controller cancelling his registered design for an Air Cooler (No. 233559) based on alleged prior publication in China. The appeal contended that the cancellation relied only on insufficient evidence from the CNIPA website and ignored previous rejections of similar claims. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
Jfe Steel Corporation v.The Controller Of Patents
Jfe Steel Corporation appealed a refusal order issued by The Controller of Patents regarding its patent application for a method of activating a continuous annealing furnace. The Controller had rejected the application, citing lack of inventive step based on prior art (D1 and D2). The Delhi High Court allowed the appeal, setting aside the Impugned Order and remanding the matter to the Controller.
Sandvik Intellectual Property Ab v.Mr. Kalyan Singh & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing their patents, specifically concerning distributor plates and turbo tips compatible with SANDVIK VSI crushers. After initial ex parte orders, the matter was disposed of at a summary stage upon concession by the defendant regarding the injunction.
Leonhard Kurz Stiftung And Co. Kg v.Controller Of Patents
The appeal challenged the Controller of Patents' refusal of the Appellant's patent application, which held that subsequent amendments were outside the scope of the original filing. The High Court found that the amended claims referenced the complete specifications as originally filed. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by the Patents Office.
Marelli Europe S.P.A. v.The Deputy Controller Of Patents And Designs
Marelli Europe S.P.A. filed an appeal challenging the Deputy Controller's decision to reject its patent application (No. 495/DEL/2013). The rejection was based on Section 2(1)(j) of the Indian Patents Act, 1999. The court issued directions for notice and filing of replies.
Dharmaj Technologies v.Mac Swin Technologies
Dharmaj Technologies filed a suit against Mac Swin Technologies alleging infringement and passing off related to its Registered Design No. 253469, which pertains to a diamond processing machine. The dispute centered on the defendant's manufacturing and sale of machines bearing identical or obvious imitations of the plaintiff's design. Following an undertaking by the defendant discontinuing the use of the impugned design, the court allowed the suit to the extent of granting permanent injunctions against future infringement.
Galatea Ltd v.Diyora And Bhanderi Corporation
Galatea Ltd filed a suit alleging infringement of its Patent No. 271425 against Diyora And Bhanderi Corporation. Concurrently, the defendants filed a counter claim seeking the revocation of this patent. The Gujarat High Court examined both the infringement claims and the validity challenges raised by the defendants. Ultimately, the court found that the plaintiffs failed to prove infringement, and consequently, rejected the counter claim for revocation, affirming the novelty and inventive step of the suit patent.
Sulzer Mixpac Ag v.Assistant Controller Of Patents And Designs
Sulzer Mixpac Ag appealed the rejection of its patent application for a 'STATIC MIXER' by the Assistant Controller. The rejection was based on lack of novelty and inventive step in view of cited prior art documents (D1-D4). The court dismissed the appeal, upholding the Patent Office's objections.
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