Other — India Patent Cases
438 decisions indexed
Page 7 of 15 · 438 total
JFE Steel Corporation v.Assistant Controller Of Patents and Designs and Anr.
The matter was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before listing the case in March 2023.
Asha Nutrition Sciences Inc v.The Asst. Controller Of Patents And Designs
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.
Tata Global Beverages Limited v.Assistant Controller Of Patents And Designs and Anr
The Calcutta High Court received the matter (OA/11/2016/PT/KOL) on transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Department to issue notices and file a report.
P.Ponnuchamy v.M/s.UTV Motion Pictures
This appeal challenged an order that disallowed the plaintiff from amending his plaint to include claims for royalty and account of profits related to the movie 'Thandavam'. The court dismissed the appeal, finding merit in the respondent's argument regarding the significant delay (nine years) in seeking these amendments. The judgment emphasized that courts must consider all facts and circumstances when exercising discretion on amendment applications.
Delhi Public School Society v.Delhi Public School Pvt Ltd.
The Delhi Public School Society filed petitions seeking the cancellation of a specific copyright registration held by its subsidiary, Delhi Public School Pvt Ltd. The core issue revolved around whether the impugned copyright was an exact replica of the Petitioner's original copyrights and if the Respondent had the right to hold such a registration. The Court found that the rival copyrights were nearly identical and that the Petitioner's rights predated the challenged registration. Furthermore, the court noted a prior decree restraining the Respondent from using similar marks.
Sasol Technology (Pty.) Limited v.Controller General Of Patents, Designs And Trademarks and Anr.
This judgment records the transfer of a patent appeal matter (OA/8/2018/PT/KOL) from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court, following the implementation of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue necessary notices to both parties and file a report before setting the next hearing date.
Viacyte Inc. v.Controller General Of Patents, Designs and Trademarks And Anr
This case involves Viacyte Inc. challenging a decision or proceeding before the Controller General of Patents. The matter was transferred to the Calcutta High Court from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued directions for the Commercial Appellate Division to issue notices and file a report, setting the next hearing date.
Indena S.P.A. v.Controller General Pf Patents, Designs and Trademarks and Anr.
This case involves Indena S.P.A. appealing a matter previously handled by the Intellectual Property Appellate Board (IPAB). Following the enactment of the Tribunals Reform Act, 2021, the matter was transferred to the Calcutta High Court's Commercial Division. The court directed that notices be issued to both parties and a report filed before the returnable date, setting the next hearing for March 6, 2023.
Honeywell International Inc. v.The Controller General Of Patents, Designs And Trademarks and Anr.
Honeywell International Inc. filed an appeal challenging the decision of the Joint Controller of Patents and Designs, which had declined its patent application under Section 3(k) of the Patents Act, 1970. The appellant argued that the decline order was non-reasoned and inconsistent with previous judicial decisions. The Delhi High Court issued directions to both parties to file detailed submissions, brief notes, and relevant documentation before proceeding with the appeal.
Chasvinder Singh v.The Registrar Of Copyrights & Ors
This Delhi High Court order addressed a writ petition filed by Chasvinder Singh against The Registrar of Copyrights. During arguments, respondents raised objections regarding the maintainability of the petition, arguing that the appropriate legal remedy for challenging the copyright grant was through a rectification petition under Section 45 of the Copyright Act, 1957. The court granted time to the petitioner to take further instructions before listing the matter for hearing.
The Managing Director and Appellate Authority, Tasmac v.M.Loganathan
Tasmac appealed an interim order from the Single Judge, which directed them to provide certain commercially sensitive information regarding liquor purchasing rates in a sealed cover. Tasmac argued that this information constituted trade secrets protected under Section 8(1)(d) of the RTI Act, 2005. The High Court dismissed the appeal.
Diageo Brands B.V. v.Alcobrew Distilleries India Pvt Ltd
Diageo Brands B.V. filed an application seeking injunction against Alcobrew Distilleries India Pvt Ltd, alleging piracy of their registered Design No. 306577. The core dispute revolved around whether the defendant's product design was a fraudulent imitation of Diageo's protected design. The court examined complex issues regarding the scope of novelty analysis versus infringement analysis and the appropriate 'eye' (instructed vs. ordinary purchaser) for comparison. Ultimately, the court found that the distinguishing features used to establish the suit design's originality also differentiated it from the defendant's impugned design, leading to the dismissal of the injunction application.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed against the Assistant Controller's order rejecting its patent application (No. 201611000234) on grounds of ineligibility under Section 3(k). The appellant argued that the invention was a technical advancement with practical implementation and should be granted a patent.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs used on packaging. Ultimately, both parties reached an out-of-court settlement.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs. Ultimately, both parties reached an amicable resolution and entered into a Memorandum of Compromise.
Telefonaktiebolaget Lm Ericsson (Pub) v.Controller General of Patents, Designs and Trademarks and Anr
This matter was transferred to the Calcutta High Court Original Side from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Department regarding record correction and directed the Commercial Appellate Division to issue notices to both parties before the returnable date. Consequently, the case was scheduled for listing in January 2023.
Paresh Ajitkumar Kapoor v.Tomar Enterprises
Paresh Ajitkumar Kapoor filed a suit seeking perpetual injunction against Tomar Enterprises and others for alleged infringement of his air cooler designs. The plaintiffs claimed their unique, registered designs were being copied by the defendants. The court found that the plaintiffs had established a prima facie case, supported by evidence showing copies and prior rejection of cancellation applications. Consequently, the temporary injunction application was allowed, restraining the defendants from manufacturing or selling the infringing design.
Cavinkare Pvt. Limited-Trends Division v.P & P Associates
Cavinkare Pvt. Limited-Trends Division filed a civil suit against P & P Associates alleging multiple infringements, including unauthorized use of the registered trademark 'GREEN TRENDS' and copyright infringement related to product artistic works. The plaintiff sought permanent injunctions and damages for passing off. Ultimately, both parties reached an amicable settlement, which was formalized through a Memorandum of Compromise (MOC).
Designarch Consultants Pvt Ltd v.Jumeirah Beach Resort Llc
Designarch Consultants Pvt Ltd filed a suit against Jumeirah Beach Resort Llc, seeking permanent injunction and declarations that the defendant's legal threats regarding trademarks and architectural design were unjustifiable. The plaintiffs also claimed damages for alleged infringement. However, since the defendant had already initiated a counter-suit alleging trademark and copyright infringement, the court found the current claims infructuous. Consequently, the suit was disposed of without prejudice to the pending litigation.
Kewal Ashokbhai Vasoya And Another v.Suarabhakti Goods Pvt Ltd
This Commercial Appeal before the Bombay High Court addressed challenges raised by the original defendants against a time-limited, ad-interim injunction and court receiver appointed by the plaintiff. The suit itself was a trademark infringement action combined with passing off. The bench focused primarily on clarifying legal principles regarding applications made without notice to the opposing party.
Phillips 66 Company v.Raaj Unocal Lubricants Limited
This judgment addresses two key applications filed within a commercial suit concerning the enforcement of intellectual property rights. The court first dismissed the defendant's application to reclassify the suit as an ordinary dispute, holding that since the cause of action stemmed from foreign infringement of IP rights, it qualified as a 'commercial dispute.' Subsequently, the court condoned the delay in filing the written statement by the defendant, permitting its admission subject to payment of costs.
Phillips 66 Company v.Raaj Unocal Lubricants Limited
This case involves a suit filed by Phillips 66 Company seeking recovery of damages awarded by a US District Court for intellectual property infringement against Raaj Unocal Lubricants Limited. The court first addressed an application to reclassify the suit, ultimately holding that since the cause of action was based on IP infringement in the USA, it qualified as a 'commercial dispute' under Section 2(1)(c)(xvii) of the Commercial Courts Act. Subsequently, the court considered an application for condonation of delay in filing the written statement and allowed it, subject to the defendant paying costs.
Kanishk Sinha v.The Union Of India And Anr.
The appellant challenged the denial of his plea for extending the validity/tenure of his Patent due to seven-year delays by authorities. He also questioned the constitutional validity of Section 53 of the Patents Act, 1970. The Calcutta High Court upheld the Single Judge's decision, stating that no provision allows for automatic extension as a penalty and noting that the issue of constitutional validity was not properly argued.
Sterlite Technologies Limited v.Anupam Singh & Ors.
Sterlite Technologies Limited filed a suit seeking permanent injunctions and damages against former employees (Defendants No. 1 & 2) and their new employer, HFCL Ltd., alleging breach of confidence and misappropriation of trade secrets. The core dispute revolved around patent applications filed by HFCL that allegedly incorporated Sterlite's proprietary information. Although the original suit was not numbered as a commercial suit, the court observed that disputes involving trade secrets and confidential information related to patents fall under the broad definition of 'commercial dispute'.
Hindustan Unilever Limited v.Saurashtra Chemicals And 4 Others
The Bombay High Court disposed of a Commercial IPR Suit between Hindustan Unilever Limited and Saurashtra Chemicals & Ors. on August 26, 2022. The parties reached a settlement, which was formalized in Consent Minutes of Order.
Agsar Match Industries v.Sundarapandian Trading as Gerizim Chemicals
Agsar Match Industries filed a suit against Sundarapandian Trading as Gerizim Chemicals alleging both trademark and copyright infringement, along with passing off. The dispute was resolved through a memorandum of compromise executed by both parties on August 23, 2022. Consequently, the Madras High Court decreed the case based on the terms of this settlement, allowing the defendant to use a specified label.
Agsar Match Industries v.Sundarapandian Trading as Gerizim Chemicals
Agsar Match Industries filed a suit against Sundarapandian Trading as Gerizim Chemicals alleging both trademark and copyright infringement, along with passing off. The dispute was resolved through a mutual agreement between the parties. The court examined the memorandum of compromise dated 23.08.2022 and found no legal impediment to its terms. Consequently, the suit was decreed based on the settlement.
3D Systems Incorporated v.The Controller Of Patents
3D Systems Incorporated filed an appeal challenging the rejection of its patent application (No. 201717015945) by the Assistant Controller of Patents & Design on grounds of lack of inventive step. The High Court issued notice and directed the respondent to file written submissions.
Star India Pvt Ltd v.Extramovies.Click & Ors.
Star India Pvt Ltd filed suit seeking permanent injunction against various rogue websites, ISPs, and government bodies for the unauthorized hosting and streaming of its film 'Tadap'. The plaintiff claimed exclusive rights over the cinematograph work. Throughout the proceedings, numerous additional infringing URLs were identified and blocking orders were issued by MEITY and DoT. Given that the film's theatrical run had concluded and no defense was raised by the rogue websites, the court confirmed the existing injunction and decreed the suit in favor of Star India.
Diageo Brands B.V. v.Great Galleon Ventures Limited
Diageo Brands B.V. filed suit against Great Galleon Ventures Limited alleging that the latter was fraudulently imitating its 'Hipster' bottle, which is protected by a Registered Design (No. 306577). The Plaintiffs sought an injunction to prevent further infringement and passing off of their distinctive trade dress. While the court found similarities in the overall get-up, it ultimately granted an interim injunction based solely on design infringement, but declined the claim related to passing off.
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