Mechanical — India Patent Cases
195 decisions indexed
Page 5 of 7 · 195 total
Cde Asia Limited v.Jaideep Shekhar & Anr.
Cde Asia Limited filed a suit seeking permanent injunction against Jaideep Shekhar and others for infringing its patent (No. 307249) and registered design (No. 262629) related to material classification systems used in mining and sand aggregate production. The defendant challenged the plaint, arguing that the suit was premature as it was filed before the one-year period required for post-grant opposition under Section 25(2) of the Patents Act had lapsed. Additionally, the defense contested the court's territorial jurisdiction. The High Court dismissed the application challenging the plaint, allowing the infringement suit to proceed.
Trulines Technologies Through Ashish Kuashikbhai Patel v.State Of Gujarat
Trulines Technologies challenged the investigation process, arguing that the machines were not analyzed by a government-recognized expert qualified under the Patent Act. The court examined the validity of the existing report and the expertise of the person who conducted the examination.
Flsmidth Private Limited v.Mr.S.Balaj Das
Flsmidth Private Limited filed a suit seeking permanent injunctions, damages, and accounts regarding alleged copyright infringement in engineering drawings and passing off related to its 'O-SEPARATOR' product. The core dispute revolved around whether the plaintiff had adequately established territorial jurisdiction for the Commercial Division of the Madras High Court against foreign respondents. The court ultimately held that the plaintiff failed to provide specific pleadings demonstrating how the defendants were amenable to the court's jurisdiction, leading to the dismissal of the appeals.
J. C. Bamford Excavators Ltd v.Union Of India And Ors.
The petitioner challenged the Deputy Controller of Patents and Designs' order that revoked Patent No. 251037, citing lack of disclosure regarding ongoing civil suit and a PCT application in Australia. The court found the revocation unjustified, noting that the civil dispute had settled and the respondent had withdrawn the post-grant opposition.
Rubinetterie Bresciane Bonomi Spa v.M/S.Lehry Instrumentation & Valves Pvt. Ltd.
This case involves an Italian company, Rubinetterie Bresciane Bonomi Spa, which filed a suit against M/S.Lehry Instrumentation & Valves Pvt. Ltd. for passing off its trademark and design mark used on brass ball valves. The dispute escalated when the appellant challenged procedural orders passed during the trial process. The Madras High Court ultimately dismissed the appeal, holding that the impugned interlocutory orders did not qualify as 'judgments' under the Letters Patent, thereby rendering the appeals non-maintainable despite the provisions of the Commercial Courts Act.
Sahaya Sujith Kumar v.A.Jordan
The petitioner challenged the rejection of his application filed under Order 7 Rule 11(a) of CPC, arguing that the suit was barred by the Patents Act because the respondent's patent rights were pending. The respondent argued the suit was an injunction based on breach of trust and non-disclosure agreement, not infringement.
Rapid Bevtech Pvt Ltd v.Khs Machinery Pvt Ltd
Rapid Bevtech Pvt Ltd challenged an interim injunction granted by the Commercial Court, arguing that the suit lacked commercial jurisdiction and that the alleged confidential information was public knowledge. The core dispute revolved around the unauthorized use of specialized manufacturing know-how and technical secrets by former employees (now associated with Khs Machinery Pvt Ltd). The Gujarat High Court upheld the original order, finding no interference necessary as the relief granted balanced the rights of both parties.
J.C. Bamford Excavators Limited & Anr. v.Bull Machines Pvt. Ltd.
The plaintiffs sued the defendant alleging imminent infringement of copyrights in component drawings and registered designs related to their 3DX Backhoe Loader. The defendant filed applications seeking dismissal of the suit on the grounds that it lacked a cause of action, particularly after the plaintiffs voluntarily withdrew an injunction order. The court dismissed the defendant's applications, noting that the issues required a full trial.
M/S. Munjal Showa Limited v.Commissioner Of Central Excise & St, Delhi (Gurgaon)
M/S. Munjal Showa Limited challenged demands for service tax levied on royalty payments made to M/s. Showa Corporation, Japan, concerning the transfer of technical know-how and IP rights (Patent, Utility model, Brand Service, Design, Trademark). The Tribunal ruled that since the relevant trademarks and designs were not registered in India under Indian law at the time, the services did not fall under IPR service as defined by the Finance Act, 1994. Furthermore, since the agreement was executed before the levy came into force, the demand was unsustainable.
Shahajanand Laser Technology Ltd v.Bharat Bhogilal Patel
This judgment from the Gujarat High Court addresses a Civil Application filed by Shahajanand Laser Technology Ltd against Bharat Bhogilal Patel. The court considered that since the respondent had already initiated a suit alleging patent infringement, and given his commitment not to issue trademarks conflicting with his patent rights, interim relief was deemed necessary and subsequently granted. This order disposed of the civil application while maintaining the ongoing appeal proceedings.
Aia Engineering Limited v.Bharat Heavy Electricals Ltd (Bhel)
Aia Engineering Limited filed a civil suit alleging that the third defendant infringed its patent (IN'740) related to wear-resistant metal parts used in industrial applications. The defendants challenged the jurisdiction of the Delhi High Court, arguing that the substantial cause of action arose outside Delhi.
M/s. SMC Pneumatics (India) Pvt. Ltd. v.Mr. S. Vezhavendhon
The plaintiff, a company manufacturing pneumatics components, sued its former Senior Sales Engineer for breach of employment terms, alleging competition and disclosure of trade secrets to a rival firm. The suit sought injunctions and damages of Rs. 5 lakhs.
M/S Impact Metals Ltd., Bollaram v.M/S Msr India Ltd., Hyderabad
The Civil Revision Petition arose from a lower court's dismissal of an application seeking arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The respondents sought permanent injunction and damages based on alleged infringement of proprietary technology, designs, trade secrets, and trademarks. The Court held that the entire dispute was arbitrable under the Manufacturing Agreement.
Kubota Corporation v.The Deputy Controller of Patents and Designs, Government of India
Kubota Corporation appealed the rejection of its patent application (No. 2342/CHE/2008), which concerned an 'operation parameter display system for working vehicle fitted with working implement'. The appellant argued that the Controller failed to consider the technical advancement over prior art and incorrectly applied Section 3(k).
Chandra Sekar v.The Controller of Patents and Designs
Chandra Sekar challenged orders dismissing his two patent applications (Nos. 8846/CHENP/2011 and 8907/CHENP/2011) because the request for examination was filed late. The petitioner argued that the delay was due to calendaring errors and negligence on the part of the Indian agent, not his own.
Sergi Transformer Explosion Prevention Technologies Private Limited v.Ctr Manufacturing Industries Limited
The suit was filed by Sergi Transformer Explosion Prevention Technologies Private Limited against Ctr Manufacturing Industries Limited seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention. The defendant challenged the plaintiff's standing, arguing that their exclusive license agreement was unregistered and therefore invalid under Section 109 of the Patents Act, 1970.
Sri Rajesh Kumar Banka v.The Union of India & Ors.
The writ petitioner challenged an order by the Intellectual Property Appellate Board (IPAB) which had revoked his patent for a 'Sealing Device' due to lack of novelty based on US prior art. The petitioner argued that his device possessed novel features, such as a transparent body and ribbed wire. The Calcutta High Court set aside the IPAB's order, finding that the Board erred in its assessment and reliance on expert opinion.
Narendra Srivastava v.Ashok Chaturvedi
The plaintiff filed a suit alleging groundless threats based on a pending patent application held by defendant no.1. Defendant no.1 sought to be struck out as a party, arguing he had assigned his rights and was not involved in the alleged threat. The court dismissed this application, holding that since the claim derived from defendant no.1's original application and he resided within the court's jurisdiction, he remained a necessary party.
Sergi Transformer Explosion Prevention Technologies Pvt Ltd v.Kumar Pratap Anil & Ors.
The plaintiff filed a suit seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention technologies. The defendants challenged the maintainability of the suit, arguing that the plaintiff's alleged exclusive license was invalid, back-dated, and unregistered.
National Research Development Corporation v.M/S Industrial Carbon And Ors.
The dispute arose from a license granted by NRDC (a public sector enterprise) to M/S Industrial Carbon for manufacturing SIG contacts. The parties contested an arbitration award dated 28.05.2009 regarding royalty payments and damages. The Delhi High Court partially sustained the award, while setting aside the portion that denied NRDC's claim for royalty during the initial production period, remitting those claims back to the arbitrator.
Reliability Engineering Industries v.Aesseal India Private Limited
The appeal arose from interlocutory applications filed regarding the alleged theft and misuse of proprietary rights, technical know-how, and confidential information related to mechanical seals. The plaintiffs sought various injunctions against defendants who were allegedly using their designs and trade secrets.
M/s.Flsmidth Pvt.Ltd. v.M/s.Secan Invescast (India) Pvt.Ltd.
M/s. Flsmidth Pvt.Ltd. filed an appeal seeking to enforce a Non-Disclosure Agreement (NDA) against M/s. Secan Invescast (India) Pvt.Ltd., alleging that the respondent violated trade secrets by approaching Flsmidth's customers and using proprietary technical knowhow. The appellant claimed significant loss of sales due to this breach. However, the Madras High Court dismissed the appeal, finding that the appellant failed to establish a prima facie case for injunction after the agreement expired and noting that damages remained an available remedy.
Bajaj Holdings & Investments Ltd. v.Assessee
The appeal challenged the assessment order upholding that payments made by Bajaj Holdings & Investments Ltd. to Xennia Technology Ltd. for developing inkjet printers and inks were royalty/fees for technical services, subject to TDS at 15%. The Tribunal examined the agreement and found it involved technology transfer and IP ownership rights, thus confirming the payment was not merely a purchase of machinery.
LG Electronics India Pvt Ltd v.Bharat Bhogilal Patel
LG Electronics India Pvt Ltd challenged the actions of Customs officials who were interdicting its imported consignments based on an infringement complaint filed by Bharat Bhogilal Patel regarding Patent No. 189027. The plaintiff argued that these actions constituted groundless threats, especially since it had initiated revocation proceedings against the patent's validity. The Delhi High Court ruled in favor of LG Electronics, finding that Customs authorities lacked the legal power to interdict goods solely based on a patent infringement complaint without prior civil adjudication.
Lg Electronics India Pvt. Ltd. v.Bharat Bhogilal Patel & Others
LG Electronics filed a suit challenging actions taken by Customs officials (Defendants No. 2 and 3) who were restricting the clearance of its goods based on a patent infringement complaint filed by Defendant No. 1. The plaintiff argued that the impugned patent lacked novelty and inventive step, and that Customs action was contrary to government circulars regarding border measures for patents.
Sergi Transformers Explosion Prevention Technologies Private Limited v.CTR Manufacturing Industries Limited
The applicant challenged the District Judge's order which prevented them from filing a counterclaim seeking revocation of a patent. The dispute involved an infringement suit filed by respondents against the applicant. The High Court allowed the Civil Revision Application, holding that the trial judge erred in interpreting Section 104 of the Patents Act.
Electronic Machine Tools Limited v.Power Engineers
Electronic Machine Tools Limited filed a suit seeking permanent injunction and damages for infringement of its registered patents (Nos. 188585 and 190675). The trial court rejected the plaint, finding no cause of action against the first respondent. The High Court allowed the appeal, holding that the plaint did disclose a triable issue.
Nippon Steel Corporation v.Union Of India
Nippon Steel Corporation challenged the refusal by the Controller of Patents to allow an amendment to its patent application's priority date. The Petitioner, which holds world-class technology in medium-high grade steel, had missed the deadline for filing a Request for Examination (RFE) due to a docketing error at its attorney's office. The Petitioner subsequently sought to amend the priority date to extend the RFE window. However, the Delhi High Court dismissed the writ petition, holding that once an application is deemed withdrawn under Section 11-B(4), the Controller cannot entertain any amendment, regardless of the reason for missing the deadline.
M/S Escorts Construction v.M/S Gautam Engineeringequipment Ltd
The appellant (Escorts Construction), owner of copyrights and patents/designs for industrial drawings of cranes Hydra-12 and Hydra-14, filed a suit alleging infringement by the respondents. The trial court dismissed the suit due to lack of territorial jurisdiction. This appeal challenged that decision.
Dashmesh Mechanical Works v.Hari Singh & Anr.
The plaintiff filed a suit under Section 106 of the Patents Act, 1970, seeking declaration and injunction against groundless threats related to Patent No. 213823. The defendants challenged the court's jurisdiction by filing an application for return of plaint due to lack of territorial jurisdiction.
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