Pharma — India Patent Cases
967 decisions indexed
Page 17 of 33 · 967 total
M/s Rockmed Pharma Pvt. Ltd. v.M/s Nukind Healthcare & Anr.
The suit was filed under Section 27 of the Trade Mark Act against M/s Nukind Healthcare and others, alleging that they were passing off pharmaceutical products under the identical trademark 'KETOGOLD'. The plaintiff established extensive use, goodwill, and reputation of the mark. The court decreed the suit in favor of the plaintiff.
Boehringer Ingelheim Pharma Gmbh And Co Kg v.The Controller Of Patents & Anr.
Boehringer Ingelheim Pharma challenged the rejection of its application seeking to quash a pre-grant opposition filed against its patent application. The petitioner argued that the opposition lacked reasonable justification, while the court addressed the issue of abuse of process under Section 25(1).
Ischemix Llc v.The Controller Of Patents
Ischemix Llc appealed the Controller's rejection of its patent application (No. 4380/DELNP/2013) concerning pharmaceutical products for treating ischemia. The appellant argued that the rejection, based on prior art D-5/D-6 and Section 3(d), was flawed because these documents were not cited during the initial hearing. The High Court quashed the impugned order and remanded the application for de novo consideration.
Vifor International Ltd. v.Aishwarya Health Care Private Limited
Vifor International Ltd., a global pharmaceutical company, filed suit against Aishwarya Health Care Private Limited alleging infringement of its patented drug, Ferric Carboxymaltose. The plaintiffs claimed that the defendants intended to launch a generic version, 'Ferocose FCM', which would infringe upon their patent (No. 221536). After considering the prima facie case and balance of convenience, the Delhi High Court granted an ad-interim injunction.
Sun Pharma Laboratories Ltd v.Nuberg Pharmaceuticals Pvt. Ltd.
Sun Pharma and Nuberg Pharmaceuticals reached a full settlement in their commercial IP dispute before the Delhi High Court. The court formally decreed the suit based on the agreed-upon terms, which included significant concessions from both parties. Furthermore, the judgment mandated that Respondent No. 2 remove a specific trademark entry (No. 3797651) from the Register of Trademarks within six weeks.
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
Plaintiff filed a suit seeking permanent injunction against infringement of his process patent related to extracting Alpha Yohimbine. The dispute centered on whether the Defendants' product was made using the patented process, and how to balance the need for evidence with the protection of Defendants' trade secrets.
Modi-Mundipharma Pvt. Ltd. & Anr. v.Win Health Pharma Through: Its Proprietor Mr. Sanjay Seth & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Modi-Mundipharma Pvt. Ltd., finding that the Defendant's use of the mark 'CARDIOCONTIN' constituted a prima facie infringement on the Plaintiffs' established 'CONTIN' series trademarks and trade dress. The court noted the extensive goodwill, high sales figures (over Rs. 2000 crores), and the likelihood of confusion caused by the identical product type and near-identical packaging. While the injunction was granted against 'CARDIOCONTIN', the issue regarding the use of the mark 'WIN' was reserved for a later hearing after notice to the Defendants.
Rusan Pharma Ltd v.Aumgen Pharma Llp & Ors
The case involved a settlement agreement between RUSAN PHARMA LTD and AUMGEN PHARMA LLP regarding patent infringement. The defendants agreed not to engage in activities infringing the plaintiff's patent.
Smithkline Beecham Limited v.Gskfinancial.Com & Ors.
In this Delhi High Court order, Smithkline Beecham Limited sought relief against rogue websites operating under similar domains like gskfinancial.com. The plaintiff alleged that these sites were fraudulently collecting money from the public while incorporating its corporate identity and trademarks (GSK). The court issued extensive interim directions, including permanent injunctions against trademark infringement, restraints on domain name registration, and specific orders to block access to fraudulent websites and freeze associated bank accounts.
Laboratoires Expanscience v.Seagull Pharmaceuticals Pvt Ltd
The Delhi High Court allowed a petition filed by Laboratoires Expanscience seeking the rectification of the trademark register. The plaintiff argued that the defendant's registration of the word mark 'MUSTELA' in Class 5 (pharmaceutical preparations) infringed upon its own prior, registered rights in Class 3 (non-medicated skin care). Crucially, the respondent agreed to relinquish the mark and cooperate with its deletion. Consequently, the Court directed the removal of the impugned registration, rectifying the register accordingly.
Societe Des Produits Nestle Sa v.The Controller Of Patents And Design & Anr.
Nestle appealed the refusal of its patent application, titled 'Composition for use in the Prophylaxis of Allergic Disease,' which had been rejected by the Patent Office on grounds including being a method of treatment and lack of inventive step. The High Court examined arguments regarding claim scope, permissible amendments under Section 59, and the demonstration of synergy. Ultimately, the court allowed the appeal, finding that the subject matter satisfied the criteria for inventive step and directing the application to proceed for grant.
Pentraxin Therapeutics Limited v.Controller General of Patents, Designs and Trademarks and Anr.
This case involves Pentraxin Therapeutics Limited challenging matters before the Controller General of Patents. The High Court at Calcutta received this matter via transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Commercial Appellate Division to issue notices and file a report, setting the stage for further litigation.
Maruishi Pharmaceutical Co Ltd v.Deputy Controller Of Patents and Designs (Hearing Officer) and Anr
The case was received by the Calcutta High Court upon transfer from the Intellectual Property Appellate Board (IPAB) 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 for March 2023.
Seagull Pharmaceuticals Pvt. Ltd. v.Uni-Pex Pharmaceuticals Pvt. Ltd. & Anr
In this trademark dispute before the Delhi High Court, the Defendants successfully moved an application to expedite the proceedings. The court allowed the request for early hearing on applications concerning interim injunctions and the preliminary issue regarding the invalidity of the Plaintiff's trademark registration. Consequently, the next hearing date was rescheduled.
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks And Anr.
This case involves Sanofi - Aventis challenging decisions related to its patent application (OA/11/2019/Pt/Kol). The matter was transferred from the Intellectual Property Appellate Board (IPAB) following the implementation of the Tribunals Reform Act, 2021. The Calcutta High Court directed the Commercial Appellate Division to issue necessary notices and file a report before proceeding with the hearing.
Vicuron Pharmaceuticals, Inc v.Controller General of Patents and Designs and Anr
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court 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 case in March 2023.
Novartis Ag v.Natco Pharma Limited
The court disposed of several interlocutory applications (I.A.) in the patent dispute between Novartis Ag and Natco Pharma Limited. The defendant withdrew its counter claim seeking invalidity of the suit patent, and the court allowed the defendant to file additional documents after imposing conditions.
Novartis Ag v.Synokem Pharmaceuticals Limited
Novartis filed a suit alleging that Synokem infringed Indian Patent IN 229051, which covered a pharmaceutical composition of Valsartan and Sacubitril. The court noted that the patent had expired on January 16, 2023, rendering the dispute infructuous.
Gopal Krishan S/O. Sh. Mangat Rai v.The Registrar Of Trade Marks (Govt. Of India)
This writ petition was filed by Gopal Krishan seeking a direction from the High Court to expedite the registration of his trademark 'PANTHER' in Class 5. The petitioner highlighted that the application had been pending for an extended period since 2015. The court issued notices to the respondents, setting a timeline of six weeks for the matter to be returned, thereby moving the case forward.
Corona Remedies Private Limited v.Franco-Indian Pharmaceuticals Private Limited
The Bombay High Court quashed an interim injunction that prevented Corona Remedies from using its trademark 'STIMULET' in pharmaceutical products. Franco-Indian Pharmaceuticals had alleged trade mark infringement and passing off based on their registered mark 'STIMULIV'. The court found that despite the similarity, Corona was a registered proprietor of its own mark, and crucially, the two marks were used for distinct product types (allopathic vs. ayurvedic) and different medical conditions, thus failing to establish likelihood of confusion or passing off.
Novartis Ag v.Natco Pharma Limited & Anr.
Novartis Ag appealed against an order that set aside a patent grant (IN'414518) on the ground of procedural lapses. Novartis argued that the Single Judge misinterpreted Rule 55, which pertains only to pre-grant opposition procedures, not application examination under Sections 13, 14, and 15 of the Patents Act, 1970. The Court found issues regarding the merging of proceedings and directed notice to be issued.
Grunenthal Gmbh v.The Controller General Of Patents, Designs And Trademarks and Anr
This case involves Grunenthal Gmbh appealing before the Calcutta High Court following the transfer of its matter from the Intellectual Property Appellate Board (IPAB) due to the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue necessary notices to both parties and file a report. Consequently, the case was scheduled for further hearing on March 6, 2023.
Glaxosmithkline Biologicals Sa v.Controller General Of Patents Designs and Trademarks And Anr
This 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 directed its Commercial Appellate Division to issue necessary notices to both parties and file a report before proceeding further. This procedural order sets the stage for the continuation of the patent dispute.
Wyeth Holdings Corporation v.Controller General of Patents, Designs and Trademarks
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment 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 proceeding further. This procedural step sets the stage for the continuation of the patent dispute.
Otsuka Pharmaceutical Co Ltd v.The Controller General Of Patent Design and Trademarks And Anr
This case involves Otsuka Pharmaceutical Co Ltd appealing against a decision that was 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. The court directed its Commercial Appellate Division to issue necessary notices and file a report before setting the next hearing date.
Pharma Mar S A v.The Assistant Controller Of Patents And Designs
This opposition 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 the Commercial Appellate Division to issue notices and file a report before setting the next hearing date.
Meda Pharmaceuticals Inc v.Asst Controller Of Patents And Designs
This case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before setting the next hearing date.
Array Biopharma Inc v.Controller General Of Patents, Designs And Trademarks and Anr
This case involves Array Biopharma Inc challenging a patent matter before the Calcutta High Court. The proceedings were transferred from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before setting the next hearing date.
Bristol Myers Squibb Holdings & Ors. v.Emcure Pharmaceuticals Limited
The petitioner (Bristol Myers Squibb) filed an application seeking correction of clerical and typographical errors in a previous order concerning its US patent infringement suit against Apotex Inc. Separately, the court allowed the respondent (Emcure Pharmaceuticals) to file its written statement after condoning the delay.
Natco Pharma Limited v.Assistant Controller Of Patents & Designs Anr.
Natco Pharma challenged the Assistant Controller's order granting a patent to Novartis for pharmaceutical compositions, arguing that the order was passed with procedural irregularities and violated principles of natural justice. The court held that the writ petition was maintainable and quashed the impugned order, remanding the application back to the Controller for fresh consideration based on due process.
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