Industry Sector

Mechanical — India Patent Cases

195 decisions indexed

Page 6 of 7 · 195 total

patent defendant favorable · Nov 4, 2009

M/S Smc Pneumatics (India) Pvt. Ltd. v.Mr. B.R. Hariprasad

Delhi District Court · 52059854

The plaintiff, a manufacturer of Hi-tech Pneumatics and Hydraulics Components, sued the defendant (a former Sales Engineer) for specific performance, damages, and injunctions, alleging he breached an Employee Intellectual Property Agreement by disclosing confidential trade secrets to a competitor. The court dismissed the suit, finding that the employment restraint clause was unenforceable under Section 27 of the Contract Act and that the plaintiff failed to prove proper authorization.

patent interim order · Dec 18, 2008

Garware - Wall Ropes Ltd. v.M/s. A.I. Chopra, Engineers & Contractors

Bombay High Court · 631168

Garware - Wall Ropes Ltd. filed a suit claiming infringement of its patents (GSWR and Spiral Lock Systems) by M/s. A.I. Chopra. The appeal challenged the rejection of the temporary injunction application. The court allowed the appeal, quashed the impugned order, and issued a temporary injunction against the respondent.

patent defendant favorable · Oct 10, 2008

M/S Spinner Marketing v.The Kerala State Electricity Board

Kerala High Court · 163318878

The petitioner, holding a patent for tamper-proof meter security seals, challenged the Kerala State Electricity Board's decision to award a supply tender to the 4th respondent. The 4th respondent relied on having a design registration and argued that the product was not a new invention. The court ultimately dismissed the petition.

patent pending · Apr 22, 2008

Hind Mosaic and Cement Works and Another v.Shree Sahjanand Trading Corporation and Another

Gujarat High Court · 100109673

The court framed issues in a civil suit concerning alleged infringement of Patent No. 203004 held by the plaintiff (Hind Mosaic). The defendant (Shree Sahjanand Trading Corporation) contested the patent's validity and scope, leading to an oral order setting the next hearing date.

patent remanded · Mar 3, 2008

M/S. Shand Pipe Industries Ltd v.M/S. Hind Mosaic & Cement Works & Ors

Supreme Court of India · 1062112

The petitioner appealed against an interim relief granted by the Division Bench. The Supreme Court found that the Division Bench failed to analyze the relevant provisions of the Patents Act, specifically Sec. 13(4) read with Secs. 47 and 48, concerning the effect of a counter claim and patent registration. Consequently, the Supreme Court set aside the order and remanded the matter for fresh consideration.

patent defendant favorable · Feb 12, 2008

Ravi Kamal Bali v.Kala Tech And Ors.

Bombay High Court · 294662

The Plaintiff sought an injunction against the Defendants for manufacturing and selling tamper-proof locks/seals that allegedly infringed his patents. The court examined the infringement claims, noting the similarity between the parties' products. However, the court ultimately denied the injunction due to the Plaintiff's significant delay in bringing the matter before the court.

patent plaintiff favorable · Jan 25, 2008

Hind Mosaic And Cement Works And Anr. v.Shree Sahjanand Trading Corporation

Gujarat High Court · 1056408

The appellants, who held a patent for a PVC pipe joint system, filed a civil suit alleging infringement by the respondents. The appeal challenged the Single Judge's order rejecting an interim injunction. The High Court restored the ad-interim relief, finding that it was a fit case to grant interim relief.

patent defendant favorable · Dec 19, 2007

Garware-Wall Ropes Ltd. v.A.I. Chopra And Anr.

Bombay High Court · 1859525

The plaintiff filed a suit seeking a declaration that the defendant was not entitled to manufacture or sell products patented by the plaintiff (GSWR and Spiral Lock Systems), along with a perpetual injunction. The dispute centered on whether the defendant's actions constituted patent infringement despite contractual stipulations regarding royalty and indemnity.

patent defendant favorable · Aug 21, 2007

Hind Mosaic And Cement Works v.Shree Sahjanand Trading Corporation

Gujarat High Court · 94100185

Plaintiffs filed a civil suit alleging that defendants were infringing their patent (No. 203004) related to pipes and fittings, seeking an interim injunction. The defendant counter-claimed for the revocation of the same patent. After examining the prima facie case, the court found no basis for sustaining the patent and a strong case for its revocation, leading to the vacation of the temporary injunction.

patent defendant favorable · Feb 9, 2007

Aia Engineering Pvt. Ltd. v.Bharat Dand And Ors.

Gujarat High Court · 1921082

Aia Engineering Pvt. Ltd. filed a suit alleging that the defendants illegally accessed and used its proprietary trade secrets related to high chromium grinding media and Duocast rollers, technologies initially acquired from Magotteaux S.A. The plaintiff sought an interim injunction against the alleged infringement. The Gujarat High Court dismissed the appeal, finding no statutory protection for the plaintiff and concluding that at the interlocutory stage, there was insufficient evidence to prove the defendants obtained the trade secrets through the named individuals.

patent interim order · Nov 7, 2006

Jcb India Ltd. v.Commissioner Of Service Tax

Customs, Excise and Gold Tribunal - Delhi · 1966758

Jcb India Ltd. appealed an order from the Commissioner of Service Tax demanding significant amounts of service tax and penalties, arguing that the transaction was a transfer of technical know-how, not a rendering of services. The Tribunal examined the agreement which granted a license under patents and know-how for manufacturing licensed products.

patent plaintiff favorable · Oct 20, 2005

V.V. Sivaram And Ors. v.Foseco India Limited

Karnataka High Court · 1044880

The plaintiff, holding patents for 'Turbostop,' a specialized contoured impact pad used in steel plants, sought an injunction against the defendants (former employees and associated entities). The dispute centered on whether the defendants were manufacturing and marketing a product identical to Turbostop using confidential know-how obtained during their employment.

patent defendant favorable · Jan 6, 2005

Siemens Ltd. v.Commissioner Of Customs

Customs, Excise and Gold Tribunal - Mumbai · 711097

Siemens Ltd. challenged the Customs Department's order which held that lump-sum payments related to technical know-how and royalty for manufacturing products in India were includible in the assessable value. The Tribunal ruled that such payments, when tied to indigenous manufacture using technical assistance, should not be included in the import valuation.

patent defendant favorable · Oct 4, 2004

Electrosteel Castings Ltd. v.Saw Pipes Ltd. And Ors.

Calcutta High Court · 615569

The appellant, Electrosteel Castings Ltd., appealed an interlocutory order against six former employees who joined a rival manufacturer, Saw Pipes Ltd. The dispute centered on whether the employees breached contractual clauses prohibiting them from working for competitors and disclosing trade secrets related to ductile iron pipe manufacturing. The court dismissed the appeal, noting that while know-how exists, enforcing restrictive covenants is difficult, but upheld the existing injunction against divulging secrets.

patent defendant favorable · May 31, 2002

Polymer Papers Ltd. v.Mr. Gurmit Singh And Ors.

Delhi High Court · 956662

Polymer Papers Ltd. filed a suit seeking permanent and mandatory injunction against its former employees (Defendants) alleging that they misappropriated the company's trade secrets, know-how, and proprietary designs of filter manufacturing machines to establish competing businesses. The core dispute centered on whether these unregistered industrial drawings qualified as protectable copyright or design.

patent defendant favorable · Jun 28, 1999

Danieli A C Officine Maccaniche Spa v.Controller Of Patents & Designs

Calcutta High Court · 819036

The petitioner filed a patent application claiming priority based on an earlier basic application made in Italy. The Controller refused to process the application because, at the time of the basic application (1994), Italy had not been declared a convention country under Section 133 of the Patents Act, 1970. The High Court upheld the Controller's decision.

patent interim order · Oct 16, 1998

Escorts Const. Equipment Ltd. v.Action Const. Equipment P. Ltd.

Delhi High Court · 1315312

The plaintiffs filed a suit seeking permanent injunction for infringement of copyright and passing off related to their Pick-N-Carry Hydraulic Self Mobile Cranes. They also sought an ad interim injunction to stop the defendants from dealing in deceptively similar cranes, alleging that the defendants copied their industrial drawings and trade secrets.

patent defendant favorable · Oct 13, 1998

Kitec Industries (India) Ltd. v.Unicor Gmbh Rahn Plastmaschinen & Anr.

Delhi High Court · 1472426

Kitec Industries filed a suit seeking mandatory and prohibitory injunctions against Unicor Group, alleging breach of an agreement (Hamburg Agreement) regarding the use of Kitec's patent rights for manufacturing Multi-layered Composite Pipes (MLCP). The court dismissed the suit, holding that the Hamburg Agreement barred civil suits in Indian courts due to its arbitration clause.

patent plaintiff favorable · Jan 1, 1996

K.G. Khosla Compressors Limited v.Survika Industries

Delhi High Court · 1068519

K.G. Khosla Compressors Limited filed a suit against Survika Industries, alleging that the defendant was illegally using the plaintiff's proprietary drawings and specifications to manufacture components and spare parts for compressors. The plaintiff further claimed that the defendant was passing off these goods as if they were manufactured by K.G. Khosla Compressors, thereby damaging its goodwill and reputation. The court found in favor of the plaintiff, granting a permanent injunction against the defendant's unauthorized manufacturing and trading activities.

patent defendant favorable · Sep 22, 1995

Lintech Electronics (P) Ltd. v.Marvel Engineering Co.

Delhi High Court · 1157726

The plaintiffs sought an injunction against the defendants alleging infringement of their Acoustic Steam Leak Detection System protected under Indian Patent No. 162647. The defendants challenged the injunction, arguing that the patent was invalid and revocable due to prior public knowledge (prior art) and that the plaintiff had misrepresented its global patent coverage.

patent plaintiff favorable · Jul 12, 1995

Giridhari Balaram Radhakrishnani And ... v.M/S Mahisa Electronics And Others

Karnataka High Court · 1217719

The appellants, claiming rights as inventors/licensees of a UMHT patent, filed suits against respondents for infringement. The trial court granted an ex parte temporary injunction. On appeal, this injunction was vacated by the single Judge. The High Court set aside the order vacating the injunction, restoring the status quo ante, and directing parties to proceed with expeditious trial.

patent defendant favorable · Apr 29, 1992

Power Control And Appliances Co. v.Sumeet Machines Pvt. Ltd.

Madras High Court · 293136

The plaintiff, Power Control And Appliances Co., sought an ad interim injunction against Sumeet Machines Pvt. Ltd. for infringing their registered trade mark 'SUMEET' and copyright by manufacturing and selling deceptively similar kitchen machines. The court ultimately found that the respondents were honest concurrent users who had operated under the aid and collaboration of the plaintiff for over seven years, leading to the vacation of the interim injunction.

patent plaintiff favorable · Feb 13, 1991

Essar Gujarat Ltd. v.Collector Of Customs (Preventive)

Customs, Excise and Gold Tribunal - Delhi · 42135

Essar Gujarat Ltd. imported a second-hand plant from West Germany to produce Sponge Iron. The Collector of Customs sought to enhance the declared transaction value by including various payments made to collaborators and patent holders, such as Midrex International for process rights. Essar challenged this addition before the Tribunal.

patent defendant favorable · Jul 23, 1987

Scooters India Ltd. v.Java Hind Industries Ltd.

Delhi High Court · 1839852

Scooters India Ltd. appealed a decision by the Deputy Controller of Patents and Designs Bombay which dismissed its opposition notice against a patent granted to Java Hind Industries Ltd. The core legal issue before the Delhi High Court was whether it had jurisdiction to hear this appeal, given that the original application and order were related to the Bombay Patent Office.

patent defendant favorable · Jul 26, 1984

Guest Keen Williams Ltd. v.Controller Of Patents & Designs

Calcutta High Court · 1460235

The petitioner applied for a patent for a rail clip adapter. The respondent (RDSO) filed an opposition based on prior public knowledge and use. The petitioner challenged the Deputy Controller's rejection of his application to introduce further evidence and cross-examine witnesses, arguing that the opposing affidavit was inadmissible. The High Court ultimately rejected the petition, upholding the Controller's discretionary power.

patent plaintiff favorable · Feb 19, 1982

Anup Engineering Ltd. v.The Controller Of Patents Office

Gujarat High Court · 349480

Anup Engineering Ltd. challenged the refusal by the Controller of Patents Office (Respondent No. 1) to accept its opposition application against a patent filed by Bharat Heavy Electricals Ltd. (Respondent No. 3) for 'metal bellows'. The petitioner argued that it had a statutory right under Section 25 of the Patents Act, 1970, to be heard before the grant of any patent.

patent plaintiff favorable · Sep 1, 1980

Eova Ball Bearing Industry v.Mico Ball Bearing

Delhi High Court · 40792

The Delhi High Court granted an interim injunction in favor of Eova Ball Bearing Industry against Mico Ball Bearing, finding that the defendants were engaging in passing off and copyright infringement. The court noted that while both parties used similar cartons for their steel balls, the defendant's design was too close to the plaintiff's registered artistic carton ('NOVA'). Given the strong resemblance and the potential for consumer confusion among illiterate purchasers, the court ruled that the balance of convenience favored the plaintiffs, preventing irreparable injury.

patent interim order · Aug 25, 1980

Surendra Lal Mahendra v.Jain Glazers And Ors.

Delhi High Court · 1318737

The plaintiff sought an ad interim injunction against the defendants for allegedly infringing his 'Laminating Apparatus' patent (No. 143964). The defendants contested the claim, arguing that the patent lacked novelty and inventive step as it was already known globally, citing Morane Maxibond machines. The court ultimately vacated the ex parte injunction but directed the defendants to maintain status quo.

patent defendant favorable · Jul 3, 1980

Income-Tax Officer And Ors. v.Shriram Bearings Ltd.

Calcutta High Court · 1580575

The Revenue challenged the High Court's decision regarding the taxability of payments made by Shriram Bearings Ltd. (an Indian company) to Nippon Soike Kabushiki Kaisha (N.S.K., a Japanese non-resident) for the purchase of trade secrets and technical know-how related to roller bearings. The court ruled that the transaction of selling trade secrets alone did not establish a 'business connection' in India, thus holding the payment was not taxable.

patent plaintiff favorable · Dec 13, 1978

Biswanath Prasad Radhey Shyam v.Hindustan Metal Industries

Supreme Court of India · 1905157

Hindustan Metal Industries obtained a patent for an improved method/device for manufacturing utensils. Biswanath Prasad Radhey Shyam challenged this patent, arguing it lacked novelty and inventive step. The Supreme Court ultimately held that the patented machine was merely a 'workshop improvement' based on old knowledge, rendering the patent invalid.

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