Other — India Patent Cases
386 decisions indexed
Page 8 of 13 · 386 total
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 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.
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.
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.
New India Biri Factory v.Mohd Saleem & Ors.
The Delhi High Court issued several orders in favor of the Plaintiff, New India Biri Factory, while addressing various procedural applications. The court dispensed with pre-institution mediation and granted leave to file additional documents, streamlining the litigation process. Crucially, the court also granted an ex-parte ad-interim injunction, allowing the Plaintiff to proceed with a search and seizure operation via Local Commissioners against the Defendants' premises to prevent further infringement of their registered trademarks and copyrighted artistic works.
Hanmi Pharm. Co. Ltd. v.The Controller General Of Patents And Designs
The appellant, Hanmi Pharm. Co. Ltd., filed two interlocutory applications before the Delhi High Court. The court disposed of I.A. 12819/2022 as infructuous based on the counsel's submission. Furthermore, the application seeking leave to file additional documents (I.A. 12818/2022) was allowed.
Abhishek Gupta v.Vipin Jain
The Delhi High Court granted an interim injunction in favor of Abhishek Gupta, who was seeking restraint against trademark and copyright infringement related to his 'BOL' sports publication. Despite initial resistance based on delayed approach, the court found a prima facie case for the appellant. The judgment specifically restrained Vipin Jain from passing off or associating their goods with the plaintiff’s registered trademarks and copyrights, recognizing the likelihood of consumer confusion due to similar get-up and use.
Applause Entertainment Pvt. Ltd. v.Aryan Sharma & Anr.
The Commercial IP Suit filed by Applause Entertainment Pvt. Ltd. against Aryan Sharma & Anr. was settled between the parties via Consent Terms dated 02.05.2022. The court accepted these terms, permitted amendments to the case title, and subsequently disposed of the suit.
M/s. Varkey Overseas Trading Company Pvt. Ltd. v.Official Liquidator Of Sumeet Machines ...
The Bombay High Court issued an ad-interim order in a company petition dispute involving the liquidation assets of Sumeet Machines. The court found that certain agreements produced late by one party lacked credibility, leading it to grant relief to the Official Liquidator. The ruling mandates that Sumeet Appliances Pvt. Ltd. must provide a full Affidavit of Disclosure detailing how they have used the trademarks and copyrights associated with the company's artistic works, along with all related income and actions taken.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deemed abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under Indian law. The Petitioner argued that despite procedural delays involving multiple patent agents, they had taken steps to respond to the First Examination Reports (FERs). Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of abandonment rules, the Delhi High Court set aside the abandonment orders.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deeming abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under the Indian Patents Act. The Petitioner argued that delays, stemming from changes in legal counsel and communication issues with the initial patent agent, led to the abandonment orders. Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of the Patent Act, the Delhi High Court set aside the abandonment orders.
Dr Ramesh Chander Munjal & Ors. v.Dr Suraj Munjal & Ors.
The Delhi High Court addressed two connected suits, one concerning the infringement of the registered trademark 'SPECTRA EYE' and the other dealing with immovable property partition. The court noted that the trademark issue was complex and had been extensively heard by another bench. Consequently, the matter was listed for further adjudication before Hon'ble Mr. Justice Amit Bansal on May 11, 2022.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed against an order from the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent No. IN319780, thereby maintaining the patent. The Appellant argued that the impugned order was non-speaking and unreasoned. Both parties consented to the matter being remanded.
Tata Sons Pvt. Ltd. v.Akash S. Shah & Anr.
The Delhi High Court disposed of a suit filed by Tata Sons Pvt. Ltd. against Akash S. Shah & Anr., which sought permanent injunctions for trademark and copyright infringement and passing off. The parties reached an out-of-court settlement, which the court incorporated into its decree. Consequently, the suit was decreed in favor of the Plaintiff based on these terms, and the Plaintiff was granted a refund of the entire Court Fees.
Pioneer Corporation v.Gulab Goel & Ors.
In a suit involving claims of trademark and copyright infringement, Pioneer Corporation and Defendant No. 8 reached an amicable settlement during the pendency of the litigation. As part of this resolution, Defendant No. 8 paid compensation to the Plaintiff. The Delhi High Court subsequently allowed the application, passing a decree of permanent injunction against Defendant No. 8 and disposing of the suit concerning that specific defendant.
Republic Technologies (Na) Llc v.Vipin Pathak Trading As M/S Pathak Impex
The Delhi High Court addressed a suit filed by Republic Technologies against Vipin Pathak regarding the alleged infringement of the 'OCB' trademark and copyright related to smoking accessories. While the court noted that the defendant acknowledged the plaintiff's rights, it also accepted the defendant's willingness to change their logo and mark. Consequently, an existing interim order was made absolute, while the matter was scheduled for further hearing after the defendant presented proposed changes.
Mitsubishi Power Ltd v.The Assistant Controller Of Patents And Designs
Mitsubishi Power Ltd appealed against the rejection of its patent application by The Assistant Controller Of Patents And Designs. The rejection was based on lack of inventive step and Section 3(d) of the Patents Act, 1970. The court disposed of the stay application (I.A. 11537/2021), noting that since the patent had been rejected, no interim order could be granted.
M/S Sureka Forbes (Pvt) Limited v.M/S Eureka Forbes Limited
The Karnataka High Court dismissed a writ petition filed by M/S Sureka Forbes against M/S Eureka Forbes. The petitioner had challenged the trial court's acceptance of a Court Commissioner's report in an ongoing suit for permanent injunction concerning trademark and copyright infringement. The court ultimately found that accepting or rejecting the commissioner's report is a discretionary function of the trial court, leading to the dismissal of the writ petition as devoid of merits.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed a decision by the Controller of Patents, Chennai, which rejected its patent application (No. 1026/DEL/2012). The High Court first condoned the delay in filing the appeal and subsequently listed the matter for further hearing to determine if the invention has been put to commercial use.
Resilient Innovations Private Limited v.Phonepe Private Limited
Resilient Innovations Private Limited challenged an order passed by the lower court that allowed Phonepe Private Limited to withdraw its trademark infringement suit with liberty to file a fresh one. The Appellant argued this grant constituted a jurisdictional error and should be appealable. However, the Bombay High Court ultimately dismissed the appeal on the grounds of maintainability, holding that the Impugned Order was not a 'decree' under the CPC. While avoiding comment on the merits of the IP dispute, the court provided clarity on the legal effect of such withdrawal orders.
Saisons Trade And Industry Private Limited v.Maithri Aquatech Private Limited
Saisons Trade And Industry Private Limited filed a suit seeking permanent and mandatory injunction against Maithri Aquatech Private Limited and others for alleged patent infringement. The defendants challenged the court's territorial jurisdiction, arguing that neither party was located in Delhi. However, the Court found that since the defendant No.1 operated an interactive website accessible globally, and Defendants No.2 & 3 were marketing agents based in Delhi, Delhi courts possessed sufficient jurisdiction to hear the matter. Consequently, the application for leave to file the suit was allowed.
M/s.Avinashi Ads v.The Senior Divisional Commercial Manager, South Western Railways
M/s. Avinashi Ads filed an arbitration suit challenging an award passed by a Sole Arbitrator concerning advertising rights and license fees with South Western Railways. The plaintiff sought damages amounting to ₹11,75,99,996/-. However, the court set aside the original arbitral award in its entirety.
Relaxo Footwears Limited v.M/S Moosa Enterprises & Anr.
The Delhi High Court formally registered the lawsuit filed by Relaxo Footwears Limited against M/S Moosa Enterprises & Anr. The suit alleges infringement of the 'SPARX' trademark, along with claims of passing off and copyright infringement. During the initial proceedings, the defendant acknowledged receiving summons and stated that they had ceased online sales of the goods in question following objections from the plaintiff.
The Polo/Lauren Company L P v.Sandeep Arora & Anr.
The Polo/Lauren Company L P filed a rectification petition under Section 50 of the Copyright Act, 1957, challenging the copyright registration of 'SPORTS POLO' held by Sandeep Arora & Anr. The petitioner argued that the respondent's logo substantially reproduced its well-known trademarks and artistic marks. The court found that the respondent's artwork was an imitation of the petitioner's registered marks, lacking originality, and therefore wrongly registered. Consequently, the court allowed the petition and directed the cancellation of the impugned copyright registration.
Sahajanand Technologies Private Limited v.Galatea Limited
Sahajanand Technologies Private Limited approached the Gujarat High Court seeking procedural directions concerning an ongoing Trademark Suit. The petitioner specifically relied upon Section 104 of the Patents Act, 1970, to influence the trial court's proceedings regarding a Counter Claim (Exhibit 28). After mutual consent from both parties, the High Court disposed of the petition while directing the Trial Court to decide Exhibit 28 within four weeks.
Maruti Air Couriers & Cargo Pvt. Ltd. v.Ram Singh Rathore & 9 Ors.
The plaintiffs filed an interim application alleging that their former franchisees (Defendants nos. 1 to 9) and a newly incorporated entity (Defendant no. 10) were continuing to use the original artistic label and name of 'Maruti Air Couriers' on consignment notes and trade documents after the termination of their franchise agreements. The plaintiffs claimed this constituted copyright infringement and passing off.
Telefonaktiebolaget Lm Ericsson (Pub) v.The Controller of Patents and Designs and Ors.
The appeal was filed by Telefonaktiebolaget Lm Ericsson against the Assistant Controller's refusal to grant a patent. The court found that there had been a violation of the principle of natural justice, specifically regarding the lack of opportunity for the appellant to deal with fresh objections.
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