Medical_Devices — India Patent Cases
89 decisions indexed
Page 2 of 3 · 89 total
Mayo Foundation For Medical Education and Research v.Assistant Controller Of Patents And Designs
The appeal concerns the patentability of a method for detecting autoantibodies in biological samples. The respondent argued that the method was ineligible under Section 3(i) because it described a diagnostic process. The petitioner countered, but the respondent raised a legal challenge based on a Madras High Court judgment, arguing that the previous finding (that in vitro methods were acceptable) was incorrect.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed against the Assistant Controller's order which concluded that its subject patent lacked inventive step. The appellant argued that the subject application claimed improvements over an earlier granted patent (Patent No. 327649) and sought conversion into a patent of addition under Section 54 of the Patents Act, 1970. The Court found merit in this submission.
Aethlon Medical, Inc v.Controller General Of Patents, Designs and Trademarks
The appellant filed an auxiliary request proposing amended claims for their patent application. These amendments were necessitated by limitations granted by the European Patent Office (EPO). The court addressed issues related to prior art and whether the subject application constitutes a method of treatment.
Hygieia, Inc. v.Assistant Controller of Patents and Designs, Government of India
Hygieia appealed the rejection of its patent application (No. 10225/CHENP/2013) by the Assistant Controller of Patents and Designs. The rejection was based on various grounds, including Section 59, which alleged that the amended claims exceeded the original specification. The Madras High Court allowed the appeal, emphasizing that a patent specification must be read as a whole.
Global Life Sciences Solutions USA LLC v.Controller General of Patents, Designs & Trademarks
Global Life Sciences Solutions USA LLC appealed the rejection of its patent application concerning a Gamma Sterilizable RFID system. The invention utilizes a ferro-electric random access memory (FRAM) chip with redundant information storage to ensure data integrity when exposed to high-intensity gamma radiation used in sterilization processes. The Madras High Court examined whether this combination was obvious based on existing prior art, particularly regarding redundancy techniques. Ultimately, the court found that the nature and purpose of the claimed redundancy were fundamentally different from those disclosed in the cited prior art, thereby satisfying the inventive step requirement.
Sicpa Holding Sa v.The Controller of Patents
Sicpa Holding Sa appealed the rejection of its patent application for 'Inline Spectroscopic Reader and Methods' by the Controller of Patents, which cited a lack of inventive step. The High Court found that the Controller had not adequately considered the detailed explanations provided by the appellant in response to the objections raised on prior art. Consequently, the appeal was allowed, and the matter was remanded for fresh consideration.
Calm Water Therapeutics Llc v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of its divisional patent application (No. 201918017795), which was rejected on grounds including conflict with the parent application and non-compliance with various sections of the Patents Act, 1970. The Delhi High Court found that the Assistant Controller evaluated the application based on claims that had been waived by the appellant, leading to inconsistencies in the refusal order.
Aratana Therapeutics, Inc. v.Controller of Patents and Designs
Aratana Therapeutics appealed the Controller's rejection of its patent application (No. 201747026233), which related to a weight-gaining compound for animals with chronic maladies. The appellant argued that their claims were limited to oral administration methods and did not claim a permanent cure, contrary to the Controller's interpretation under Section 3(i).
M/S Star Syringe Ltd v.M/S Tiger Surgical Disposable Pvt Ltd
The plaintiffs allege that the defendants have infringed their patent and seek damages. The case is ongoing with preliminary objections raised by the defendants regarding maintainability due to insolvency proceedings.
University Health Network v.Adiuvo Diagnostics Private Limited
University Health Network filed a Writ Petition challenging the grant of Patent No.439474 to Adiuvo Diagnostics Private Limited, arguing lack of novelty and inventive step. The appeal before the Madras High Court focused on whether the court had territorial jurisdiction to hear the matter, given that the patent application originated in Delhi.
Global Medikit Limited v.B.Braun Melsungen Ag
Global Medikit Limited filed a Transfer Original Petition (Patents) before the Madras High Court, seeking to rectify or revoke Indian Patent No. 210062. The court noted that the patent's term had already expired on August 18, 2018.
Starpharma Pty Ltd v.The Assistant Controller of Patents and Designs
Starpharma Pty Ltd appealed the rejection of its Indian Patent Application No. 10044/CHENP/2013, which covered a method and gel formulation for treating bacterial vaginosis. The appellant argued that the amended claims were within the scope of the original application and complete specification. The High Court set aside the rejection order and remanded the matter for reconsideration.
Humanity Life Extension Llc v.Union Of India And Anr.
The petitioner, a US-based medical device manufacturer, challenged the amendment to Rule No. 138 of the Patents Rules, 2003, arguing that it removed the provision allowing extension of time for international patent applications and conflicted with the Patent Cooperation Treaty (PCT). The petitioner sought directions to entertain its National Phase Application despite missing the deadline.
Fisher And Paykel Healthcare Limited v.The Controller Of Patents And Designs & Anr.
Fisher And Paykel Healthcare Limited challenged a First Examination Report that deemed its Divisional Application No. 202118034146 defective. The Controller of Patents had issued an order based on Section 59 of the Patents Act, 2000. During the hearing, the respondent acknowledged the error and agreed to set aside the impugned order.
Synthes Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Synthes Gmbh challenged an impugned order from the Assistant Controller of Patents, Designs and Trademarks, arguing that the rejection lacked due process. The court found that the original order was a 'total mockery' as it merely cut and pasted objections without providing any reasoned analysis or considering the appellant's replies. Recognizing the severe procedural lapses, the Delhi High Court quashed the decision and remanded the application for fresh consideration by a different officer.
Vexim v.The Controller Of Patents
Vexim appealed the rejection of its Indian Patent application, 'Methods and Apparatuses for Bone Restoration,' which was initially denied due to lack of inventive step. The core issue before the Delhi High Court was whether the Patent Office had provided adequate reasoning for this refusal. The court found that the impugned order was cryptic, failing to analyze existing knowledge against the subject invention as required by law. Consequently, the rejection was set aside and the matter was remanded back to the Patent Office for a fresh, reasoned consideration.
Medtronic Xomed, Inc v.Controller General Of Patents, Designs and Trademarks And Anr
The Calcutta High Court addressed an opposition matter (OA/4/2018/PT/KOL) involving Medtronic Xomed, Inc. The court noted that no counsel appeared for the appellant on the hearing date. Consequently, the matter was adjourned to March 30, 2023, with specific directions issued to the respondent authorities to serve a copy of the application on the appellant and file an Affidavit of Service.
Sirona Hygiene Private Limited v.Amazon Seller Services Private Limited
Sirona Hygiene Private Limited filed a suit alleging infringement of its registered design, 'PEE BUDDY', by Defendant 7, which was manufacturing an identical device under the name 'NAMYAA'. The core dispute centered on whether the defendant's product constituted piracy of the plaintiff's certified design. While the court found the designs to be identical, subsequent proceedings led to a settlement with one key defendant (Defendant 2), resulting in a decree sheet being drawn up for that party.
Biomoneta Research Pvt Ltd v.Controller General Of Patents, Design
Biomoneta Research Pvt Ltd appealed a decision by the Controller General of Patents which had refused to grant a patent for its 'Air Decontamination Assembly.' The refusal was based primarily on the grounds that the subject matter lacked inventive step over existing prior art. Biomoneta highlighted the innovative nature of its device, supported by significant government funding and international recognition. The Delhi High Court ultimately allowed the appeal, setting aside the impugned order and directing the patent application to proceed for grant.
Biomoneta Research Pvt Ltd. v.Controller General Of Patents Designs And Anr
Biomoneta Research Pvt Ltd. appealed a decision by the Controller General of Patents and Designs which refused to grant a patent for its 'Air Decontamination Assembly.' The refusal was based on objections regarding lack of inventive step and non-patentable subject matter. Biomoneta argued that their device offered unique features not present in the prior art, supported by significant government funding and international recognition. The Delhi High Court ultimately allowed the appeal, setting aside the impugned order and directing the patent application to proceed for grant.
Dr. Sapna Nangia v.The Assistant Controller Of Patents And Designs
Dr. Sapna Nangia appealed the rejection of her patent application for a device and process related to tactile feedback replicating breath hold. The Assistant Controller rejected the application, citing lack of inventive step based on prior art documents D1 and D2. The High Court found the impugned order perfunctory and unreasoned, quashing it and remanding the matter for fresh consideration.
Dr. Sapna Nangia v.The Assistant Controller Of Patents And Designs
Dr. Sapna Nangia appealed against an order from the Assistant Controller of Patents and Designs which found that her patent application lacked inventive step based on cited prior arts D1-D3. The appellant argued that the decision was non-reasoned, leading to a request for remand.
Medtronic Xomed, Inc v.Controller General Of Patents, Designs and Trademarks And Anr
The Calcutta High Court addressed an opposition matter (OA/4/2018/PT/KOL) involving Medtronic Xomed, Inc. The court noted that no counsel appeared for the appellant on the hearing date. Consequently, the matter was adjourned to March 30, 2023, with specific directions issued to the respondent authorities to serve a copy of the application on the appellant and file an Affidavit of Service.
Allergan Inc v.The Controller Of Patents
Allergan Inc appealed an order by the Controller of Patents that rejected its claims for 'INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS' based on Section 3(i) of the Patents Act, 1970. The High Court held that since the amendment was sought at a pre-grant stage and merely related to the same implants, the Controller ought to have allowed the amendments and examined them on merits.
Allergan Inc v.The Controller Of Patents
Allergan Inc appealed an impugned order issued by The Controller of Patents. The appellant argued that the order was unreasoned and challenged the decision regarding voluntary amendments made to the patent application. The court reserved the matter for further submissions.
Aroa Biosurgery Limited v.Controller General of Patents, Designs and Trademarks and Anr.
Aroa Biosurgery Limited approached the Calcutta High Court regarding a matter transferred from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court noted that no parties appeared on the date and directed its Commercial Appellate Division to issue necessary notices to both sides prior to the returnable date. This procedural order sets the stage for further hearing in the High Court.
Synthes Gmbh v.Controller General Of Patents, Designs and Trademarks And Anr
Synthes Gmbh appealed the rejection of its patent application for a 'BONE FIXATION APPARATUS' by the Controller General of Patents. The appeal was transferred to the Delhi High Court following legislative changes. Initially, the court condoned the delay in filing the appeal. Subsequently, the court directed both parties to file comprehensive written submissions and place prior art on record before proceeding with the merits of the patent rejection.
Sequenom Inc v.The Controller Of Patents
Sequenom Inc appealed the rejection of its patent application (No. 3139/DELNP/2012) by the Assistant Controller of Patents and Designs, which held it non-patentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the invention was a screening test, not a diagnostic test, while the respondent relied on the broad definition of 'Pre-Natal Diagnostic Test' under the PCPNDT Act.
Dr. Sapna Nangia v.The Assistant Controller of Patents and Designs
Dr. Sapna Nangia filed an appeal challenging the Assistant Controller of Patents and Designs' order dated January 29, 2021. The original patent application (No. 201911010599) for a device and process was rejected primarily on the ground of lacking inventive step.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed the decision of the Assistant Controller of Patents and Designs which rejected its patent application (No. 2109/DEL/2011). The rejection was based on the claim subject not fulfilling the requirements of Section 2(1)(j) of the Act. The High Court granted certain exemptions but directed further proceedings, including the presence of the Assistant Controller.
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