Pharma — India Patent Cases
730 decisions indexed
Page 25 of 25 · 730 total
Novartis Ag v.Adarsh Pharma And Anr.
The plaintiff, Novartis Ag, sought to confirm an ex parte injunction granted under Exclusive Marketing Rights (EMR) for its product, Beta Crystalline form of Imatinib Mesylate. The defendant challenged this injunction, arguing that no patent was ever filed in India and the EMR was vague. The court ultimately confirmed the injunction, finding prima facie materials favored the plaintiffs.
Exphar SA v.Eupharma Laboratories Ltd.
This Supreme Court judgment addressed a dispute concerning the trademark 'Maloxine' and its distinctive packaging design. The appellants, claiming ownership of the copyright and trademark, sued the respondents for passing off and copyright infringement related to the malaria medicine. A key legal challenge was whether the Delhi High Court had territorial jurisdiction over the matter. The court ultimately ruled that the receipt of a cease and desist notice within the jurisdiction was sufficient to invoke the court's authority.
Exphar Sa And Ors. v.Bharat Shah And Anr.
This appeal involved disputes concerning the trademark MALOXINE and associated copyright in its carton design. The plaintiffs, a Belgian-based company, sought permanent prohibitory injunctions against the defendants for passing off and infringement. However, the Delhi High Court ultimately ruled that it lacked the necessary territorial jurisdiction to entertain the suit or grant an interim injunction, as the plaintiff did not reside or carry on business within India.
Ipca Laboratories Ltd. v.Savita Pharmaceuticals Pvt. Ltd.
The Plaintiff filed a suit seeking to restrain the Defendant from infringing its copyright in cartons/labels and passing off goods under the trade mark 'APPETONE'. The dispute centered on whether the Plaintiff, as a prior user, was entitled to relief despite the Defendant manufacturing similar products. The court dismissed the Notice of Motion.
Richardson Vicks Inc. v.Raj Remedies
The plaintiffs (Richardson Vicks Inc.) sought an injunction against the defendants (Raj Remedies) alleging infringement of their registered trade mark 'VICKS' and copyright in the artistic label, by using the deceptively similar marks/get-up like 'VIKAS'. The Gujarat High Court upheld the City Civil Court's interim order, finding that a prima facie case for deceptive similarity existed.
Brawn Laboratories Ltd. v.Rhone Poulenc Rorer S.A.
The petitioner sought arbitration and an interim injunction under Section 9 of the Arbitration and Conciliation Act, 1996, to restrain the respondents from marketing products like CLEXANE. The dispute centered on the termination of an exclusive license agreement and alleged breach of negative covenants.
Burroughs Wellcome (India) Ltd. v.Uni-Sole Pvt. Ltd. And Another
The plaintiffs, owners of the trademark 'Septran' and copyrights in its carton design, sued the defendants for infringing these rights. The plaintiffs alleged that the defendants were deceptively imitating their product ('Simptran Tablets') using a similar carton and mark since 1993.
N.V. Philips Gloeilempenfabrieken Bindhhoven, Holland v.Commissioner Of Income-Tax (No. 1)
This case involved a dispute over whether payments received by N.V. Philips from an Indian company for providing technical knowledge regarding Vitamin D manufacturing constituted a technical assistance fee or royalty. The core issue revolved around the nature of the agreement, which granted exclusive use of confidential processes and information to the Indian company under strict secrecy terms. The court ultimately held that because the process was treated as an exclusive secret property by Philips, the payment bore the character of royalty.
Farbewerke Hoechst v.Unichem Laboratories And Ors.
Farbewerke Hoechst sued Unichem Laboratories for infringing Patent No. 58716, which covered the manufacture of sulphonyl-ureas like Tolbutamide (marketed as Rastinon). The defendants claimed non-infringement and challenged the validity of the patent. The court found that the plaintiffs' patent was valid and granted an injunction against the defendants.
K.L. Chaturvedi v.State Of Madhya Pradesh And Ors.
The petitioner challenged the constitutionality of the Drugs Act, 1940, arguing that the amendment requiring mandatory disclosure of the true formula or ingredient list for his proprietary medicine 'Germs Killer' would expose his trade secret. The court upheld the amended provisions, finding them reasonable and necessary for public health and safety.
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