Other — India Patent Cases
386 decisions indexed
Page 4 of 13 · 386 total
Pushpendra Patel & Anr. v.Amazon Seller Services Pvt Ltd & Anr.
The Delhi High Court granted interim relief to the plaintiffs, who are innovators in water purification systems. The court found a prima facie case suggesting that the defendant's trademark complaint was fraudulent and based on copied designs. Consequently, the court directed Amazon Seller Services (Defendant No. 1) to immediately re-list all de-listed product postings belonging to the plaintiff, while also restraining future arbitrary de-listings.
Vifor (International) Ag v.Assistant Controller Of Patents And Designs and Ors
Vifor (International) Ag filed an appeal against an order dated November 1, 2023, along with an application seeking condonation of a 32-day delay. The appellant argued the delay was due to technical difficulties in obtaining and stamping a Power of Attorney received from Switzerland. The court found that sufficient cause had been shown for the delay and allowed the application.
M/s.The Zero Brand Zone Pvt. Ltd. v.The Controller of Patents & Designs
The appellant challenged the rejection of their patent application for an eco-friendly lamp made from panchagavya and leaves. The appellant argued that the product was novel and not merely traditional knowledge, while the respondents contended that the invention fell under Section 3(p) as it related to traditional ingredients and was obvious based on prior art D1 to D3.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A has filed an appeal challenging the Assistant Controller's order refusing to grant a patent for its application (No. 201617028283). The refusal was based on the ground that the invention is not patentable under Section 3(b) of the Patents Act, specifically concerning E-cigarettes.
Upl Limited v.Assistant Controller of Patents and Designs
Upl Limited challenged an order dated February 8, 2023, issued by the Assistant Controller of Patents and Designs, arguing that the order was cryptic and failed to consider all filed documents (D3 and D4) when rejecting amended claims under Section 2(1)(j)(a) of the Patents Act. The High Court agreed with the petitioner's submissions.
ATLAS COPCO AIRPOWER NAAMLOZE VENNOOTSCHAP v.THE CONTROLLER GENERAL OF PATENTS AND DESIGNS AND ANR
The petitioner company filed an appeal (IPDPTA/12/2022) which was dismissed for default. The petitioner sought condonation of a 330-day delay, citing being based in Belgium and unaware of the transfer of IPAB matters to the High Court due to legal changes and COVID-19. The court found sufficient cause and allowed the delay, restoring the appeal.
Fives Combustion Systems P Ltd v.Vadodara-I
The appellant challenged the demand raised by the revenue regarding royalty payments made for technical knowhow supplied by a foreign company. The core issue was whether this payment constituted a taxable intellectual property service under Indian law, given that the service provider was not governed by any Indian law.
Marc Salon And Beauty Equipments Pvt Ltd v.Gm Sales
Marc Salon And Beauty Equipments Pvt Ltd filed a suit alleging that Gm Sales was engaging in passing off, unfair competition, and copyright infringement by slavishly copying its salon furniture designs and using its product images. The plaintiff claimed market dominance and distinctiveness in their products. The court reviewed the application to vacate the interim injunction granted earlier.
M/S Shree Hari Industries (Hari Oil Mill) v.Registrar Of Copyrights And Anr
M/S Shree Hari Industries filed proceedings against the Registrar of Copyrights, alleging that certain copyright grants were improperly issued. The petitioner contended that these grants failed to properly consider their pre-existing registered trademarks. During the hearing on May 29, 2024, the court accepted trademark search certificates and noted the petitioner's request for a stay on the use of the disputed marks. The matter was listed for further consideration.
Reckitt Benckiser (India) Private Limited v.The Advertising Standards Council of India
Reckitt Benckiser challenged an order passed by the learned Judge which rejected its application for an interim injunction against The Advertising Standards Council of India (ASCI). Reckitt, a manufacturer of consumer health products like MORTEIN mosquito repellent, sought to prevent ASCI from adjudicating complaints against its new product advertisements. The Madras High Court ultimately found that the suit did possess cause of action and jurisdiction in Tamil Nadu, setting aside the initial order and remanding the matter for fresh consideration on merits.
M/S New Bharat Overseas v.M/S Bhagwati Lacto Vegetarian Exports Pvt Ltd
The Delhi High Court allowed an application for substitution, recognizing that the original petitioner's trademark and copyright rights had been assigned to a new entity, M/s New Bharat Impex. The court held that since the cause of action now rested with the assignee, the substitution was necessary for effective adjudication. This order ensures continuity in IP litigation following a change in ownership.
Manish Vanigota v.Commissioner of Customs Nagpur
The appeal challenged the absolute confiscation of goods and penalties imposed by the Commissioner of Customs, Nagpur. The case involved various consignments containing prohibited items, including those infringing intellectual property rights, cosmetics, and pharmaceutical products. The Tribunal set aside several penalties, finding that the adjudicating authority failed to elaborate on the specific prescriptions violated.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India
The petitioner challenged the constitutional validity of Section 53 of the Patents Act, 1970, arguing that since full patent rights only commence upon grant, counting the twenty-year term from the date of application is contradictory. The respondents argued that both sections operate at different stages and are compliant with international obligations like TRIPS Agreement. The Court ultimately held that Section 53 is intra vires the Constitution.
Puneet Chhabra Proprietor Of Rama Wire Industries v.Kewal Krishan Bansal Proprietor Of M/S Vee Pee Bansal And Company
The Delhi High Court dismissed an appeal filed by Rama Wire Industries (the appellant) seeking interim protection against a suit brought by Vee Pee Bansal and Company (the respondent). The core dispute involved allegations of trademark infringement, passing off, and copyright infringement. The court found that the appellant's claim to hold a copyright in its mark was dishonest, noting the striking similarity between the marks. Consequently, the court declined to grant any interim order in favor of the appellant.
Schneider Electric Buildings Americas Inc v.Assistant Controller of Patents and Designs
The appeal challenges the Assistant Controller's order dated January 23, 2024, which rejected Appellant's patent application (No. 6956/DELNP/2014) under Section 15 of the Patents Act, 1970. The court granted an exemption request and directed parties to file written submissions.
Star Scientific Limited v.The Controller Of Patents And Designs
Star Scientific Limited filed an appeal against the impugned order dated December 18, 2023, which rejected its patent application No. 20201711947 due to non-appearance on a scheduled hearing date. The appellant sought remand for hearing and condonation of delay in re-filing the appeal.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed an order passed by the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent no. IN 319780. The appellant argued that since the respondent failed to comply with previous court remands, the High Court should rule on the merits of the case.
GS1 India v.Deepak Traders & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of GS1 India against Deepak Traders & Ors. The dispute centers on the exclusive licensing and allocation of specific 13-digit GTIN barcodes (starting with '890') within India. The court found a prima facie case, noting that defendants were allegedly contravening the Terms of Use by allocating these unique identifiers to unauthorized entities, thereby disrupting the global GS1 identification system.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
M/S Imberatek Llc v.Apple Inc & Anr.
M/S Imberatek Llc filed a commercial suit alleging patent infringement against Apple Inc. Initially, the plaintiff sought to withdraw the suit to explore mediation, and the court allowed it with a refund of court fees. However, subsequent consideration found that since no urgent interim relief was sought, the plaintiff could not circumvent the mandatory requirement of pre-litigation mediation under Section 12A of the Commercial Courts Act, leading to the final dismissal of the suit.
GenSquare LLC v.The Assistant Controller of Patents & Design, Patent Office
GenSquare LLC appealed the Assistant Controller's order refusing its divisional patent application. The refusal was primarily based on the ground that the divisional claims did not flow from the original parent application. The Madras High Court allowed the appeal, finding that the Controller's reliance on an overruled judgment was flawed.
Galaxy Packtech Private Limited v.Ashok Chaturvedi & Anr.
The petition seeks revocation of patent No. 282428 under Section 64 of the Patents Act, 1970. The Petitioner contends that they are an aggrieved person and that the Patent Office overlooked relevant prior art disclosures regarding the patented invention.
Magnum Eco Tech. Partner v.Controller General of Patents, Designs & Trademarks
Magnum Eco Tech. Partner filed an Appeal before the Madras High Court seeking to reverse a prior order by the Controller General of Patents regarding patent application 201841047838 and grant the patent in their favor. The petition also included a request for condonation of delay. However, the court noted that attempts to serve the Registry notice on the petitioner failed as the petitioner was not present at the given address. Consequently, the Court closed the appeal/petition.
BMI Group Danmark Aps (Formerly Icopal Danmark Aps) v.The Assistant Controller of Patents and Designs and Another
The appeal challenges the refusal of a patent application (No. 202017020602) by the Assistant Controller, which was based on non-compliance with Section 2(1)(ja) of the Patents Act. The Appellant argued that the Assistant Controller's reasoning regarding prior art was cursory and lacked sufficient justification. The Court found the existing reasoning insufficient and issued notice to the Respondents for reconsideration.
Mustafa Raza Dhorajiwala Sole Proprietor of M/s Kemei India v.Dinesh Kumar Proprietor of M/S Jai Laxmi Marketing and Anr
This Delhi High Court order addresses a rectification petition filed by Kemei India against a copyright registration held by Jai Laxmi Marketing. The petitioner argues that the 'KEMEI' mark was improperly registered as a copyright despite its prior existence and registration as a trademark in 2013. The court has initiated proceedings, issuing notice to all parties and setting a timeline for filing replies, moving the case toward substantive dispute resolution.
Rich Products Corporation v.The Controller Of Patents & Anr.
Rich Products Corporation filed a writ petition challenging an order that dismissed its pre-grant opposition and permitted the grant of Indian Patent No. 449435. The Court held that since effective mechanisms like post-grant opposition or revocation petitions exist under the Patents Act, 1970, the writ petition could not be entertained.
Equitas Small Finance Bank Limited v.3Sk Innovations Pvt. Ltd.
The petitioner invoked Section 64(1) of the Patents Act, 1970, to seek the revocation of Indian Patent 307627. The court granted exemption and issued notice to all respondents, directing them to file their replies within specified timelines.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising its Letters Patent Appellate Jurisdiction, disposed of multiple appeals filed by The State of Jharkhand against various respondents. These appeals were decided based on the judgment passed in L.P.A. No. 203 of 2022 and other analogous precedents. The court provided further clarifications and directions while settling these complex patent-related disputes.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising its Letters Patent Appellate Jurisdiction, disposed of a series of interconnected Letters Patent Appeals (L.P.A.). The judgment confirmed the disposition of these appeals based on the precedent established in L.P.A. No. 203 of 2022 and other analogous cases. This ruling provides clarity and specific directions across multiple patent disputes involving various parties, thereby concluding the appellate proceedings.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising Letters Patent Appellate Jurisdiction, disposed of multiple Letters Patent Appeals (L.P.A.) on January 31, 2024. The judgment confirmed the disposition of these appeals based on the precedent established in L.P.A. No. 203 of 2022 and other analogous cases. This ruling addresses various disputes arising under patent law within the state.
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