Pharma — India Patent Cases
1,090 decisions indexed
Page 3 of 37 · 1,090 total
Sun Pharma Laboratories Limited v.Rambos Lifesciences Pvt Ltd
The Bombay High Court allowed Sun Pharma Laboratories Limited's leave petition seeking to consolidate the cause of action for passing-off with the existing claim of trademark infringement against Rambos Lifesciences Pvt Ltd. The court found that since both causes of action arose from the same set of transactions, combining them was appropriate. Furthermore, the interim relief previously granted in the matter was directed to continue until the next hearing date.
Sun Pharma Laboratories Limited v.Rambos Lifesciences Pvt Ltd
The Bombay High Court allowed Sun Pharma Laboratories Limited's leave petition seeking to consolidate the cause of action for passing-off with the existing claim of trademark infringement against Rambos Lifesciences Pvt Ltd. The court found that since both causes of action arose from the same set of transactions, combining them was appropriate. Furthermore, the interim relief previously granted in the matter was directed to continue until the next hearing date.
Ms Anuradha Sharma & Anr. v.Jiva Ayurvedic Pharmacy Limited & Ors.
The Delhi High Court stayed an interim injunction granted by the Commercial Court, which had prohibited Ms. Anuradha Sharma's use of her registered trademark 'SHATAM JEEVA'. The court found that a prima facie case existed for the appellant to challenge the order, particularly regarding the lack of sufficient evidence demonstrating goodwill and likelihood of confusion in the passing off action. Furthermore, the High Court issued a directive to Commercial Courts, mandating clear findings on whether an injunction is based on infringement or passing off, and requiring positive proof of goodwill in passing off cases.
Himalaya Wellness Company & Ors. v.Greenland Trading Company
The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company, finding a prima facie case of trademark infringement and passing off against Greenland Trading Company. The court recognized 'HIMALAYA' as a well-known mark due to its extensive global use since 1930. Given the potential for consumer confusion in the health and wellness sector, the court restrained the defendant from using deceptively similar marks until further hearing.
Medilabo Rfp Inc v.The Controller Of Patents
Medilabo Rfp Inc appealed the refusal of its patent application for a prophylactic drug composition intended for neurodegenerative diseases. The core dispute centered on whether the claims, which described a chemical composition, could be rejected under Section 3(i) (lack of inventive step/patentability criteria) because they were used for treatment. The High Court found that the Controller failed to address all objections and misinterpreted the scope of the product claim versus its therapeutic application. Consequently, the appeal was successful, leading to the setting aside of the refusal order and remanding the case for fresh consideration.
F. Hoffmann-La Roche Ag v.Zydus Lifesciences Limited
The Plaintiffs sought exemption from mandatory pre-litigation mediation. The Court disposed of this application as infructuous and noted that the current suit involves the same Suit Patent as another pending infringement suit (CS(COMM) 567/2024). Consequently, both suits were listed together for further proceedings.
Fdc Limited v.Healing Pharma India Private Limited
Fdc Limited filed a suit against Healing Pharma India Private Limited alleging multiple infringements related to its pharmaceutical products. The Delhi High Court issued an order addressing procedural aspects, including granting exemptions from pre-institution mediation and allowing the filing of additional documents. Crucially, the court also addressed interim relief, restraining the defendant from manufacturing or marketing products confusingly similar to Fdc's registered trademarks (ZIFI) and copyrighted trade dress (ELECTRAL).
Amylin Pharmaceuticals, Llc And Anr v.Assistant Controller Of Patents And Designs
Amylin Pharmaceuticals appealed the Assistant Controller's rejection of its patent application for 'RELEASE FORMULATIONS USING NON-AQUEOUS CARRIERS'. The appeal challenged the finding that the invention lacked inventive step and fell under Section 3(d).
Lincoln Pharmaceuticals Private Limited v.Registrar of Trade Marks & Anr.
The Gujarat High Court allowed Lincoln Pharmaceuticals' appeal against the rejection of its trademark registration for 'Glypanta'. The court ruled that despite initial objections under Section 11(1) of the Trade Marks Act, 1999, the applicant was entitled to proceed with the advertisement of the mark. This decision underscores the importance of following procedural steps like publication even when substantive objections exist.
Danone Asia Pacific Holdings Pte Ltd v.M/S Maxford Healthcare And Ors
The Delhi High Court addressed several interlocutory applications in the trademark and copyright infringement suit filed by Danone Asia Pacific Holdings against M/S Maxford Healthcare. The court granted exemptions from pre-institution mediation, allowing the plaintiff to proceed with urgent interim relief. Crucially, the court allowed an ex parte ad interim injunction based on a local commission, which will investigate alleged infringement of the 'PROTINEX' mark and associated trade dress by the defendants' 'PROTILOX' products.
Vinaitheerthagounder Jaundice Treatment Pvt. Ltd. v.The Registrar of Trade Marks
The Madras High Court addressed a writ petition filed by Vinaitheerthagounder Jaundice Treatment Pvt. Ltd., seeking a Mandamus order to compel the Registrar of Trade Marks to issue their trademark. The petitioner's application was pending due to an opposition filed by a third party. The court ultimately disposed of the writ petition, directing the petitioner instead to file an expedite application directly with the Registrar, who must then process it as quickly as possible.
Mankind Pharma Limited v.De Harbien Life Sciences Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Mankind Pharma Limited against De Harbien Life Sciences Private Limited. The court found that the defendant's use of marks like 'NEFROKIND' and 'SILOKIND' was likely to cause confusion with Mankind's well-known trademarks, including 'MANKIND' and its formative variants. Given the pharmaceutical nature of the products and the potential for irreparable harm to the plaintiff and the public, the court restrained the defendant from selling or advertising the impugned marks until further hearing.
Mylan Laboratories Limited v.Celator Pharmaceuticals Inc & Ors.
Mylan Laboratories Limited filed an appeal against the order passed by Respondent No. 2 rejecting the Post-Grant Opposition filed by Mylan against Patent No. IN 315447 held by Respondent No. 1. The court issued notice and directed parties to file replies and rejoinders.
Boehringer Ingelheim Pharma Gmbh And Co Kg v.The Controller Of Patents & Anr.
This Delhi High Court order addresses complex procedural issues arising from concurrent litigation between Boehringer Ingelheim Pharma and The Controller of Patents. Specifically, the court examined whether a revocation petition remains maintainable even if the patentee has already raised an invalidity defence in an infringement suit. Furthermore, the bench deliberated on the highly arguable question of whether a patent can be revoked after its term has expired by efflux of time. The court decided to list the matter for further hearing and stayed the impugned order.
Abbott Laboratories v.The Registrar Of Trade Marks
The Delhi High Court allowed Abbott Laboratories to appeal the rejection of its 'ENSURE' trademark application. The original rejection was based on insufficient evidence supporting a very early claimed date of use (31.12.1999). The court granted liberty for the Appellant to amend its user claim, restricting it to 23.04.2012, and directed the Registrar to reconsider the application afresh. This decision effectively restored the trademark application to its original status.
Jamp India Pharmaceuticals Private Limited v.Jubilant Generics Ltd.
This appeal before the Allahabad High Court addressed challenges to a Commercial Court's injunction order. The plaintiff, Jamp India Pharmaceuticals Private Limited, successfully argued that its comprehensive Product Dossiers—containing sensitive technical data for generic drugs like Losartan and Amlodipine—qualify as protected literary works under the Copyright Act, 1957. The court found that the defendants misappropriated these confidential dossiers by transferring them from a Canadian subsidiary to their Indian affiliate, leading to unauthorized manufacturing and use in India. Consequently, the appeals were dismissed, upholding the injunction.
Modi-Mundipharma Pvt. Ltd. v.Agrosaf Pharmaceuticals Pvt. Ltd. & Anr.
The Delhi High Court decreed a trademark infringement suit between Modi-Mundipharma Pvt. Ltd. and Agrosaf Pharmaceuticals Pvt. Ltd. following an amicable settlement. The defendants agreed to permanently cease all use, promotion, and sale of products bearing the mark 'AGROCONTIN.' Furthermore, they acknowledged the plaintiff's proprietary rights in 'NITROCONTIN' and committed not to adopt any deceptively similar marks incorporating the suffix 'CONTIN,' effectively resolving the dispute through a binding decree.
Abbvie Ireland Unlimited Company v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
Abbvie Ireland Unlimited Company challenged the slow pace and procedural irregularities in the handling of its Patent Application No. 8004/DELNP/2011, which was subject to multiple pre-grant oppositions under Section 25(1) of the Patents Act, 1970. The petitioner raised concerns regarding mechanical issuance of notices and delays in pronouncing orders after hearings were concluded. The Delhi High Court intervened, directing the Controller General's office to expedite the process and pass a consolidated order on all pending oppositions by December 31, 2025.
Chugai Seiyaku Kabushiki Kaisha v.Anthem Biosciences Limited
The dispute involved Chugai Seiyaku Kabushiki Kaisha alleging infringement of its patent (IN 294424) concerning Alectinib against Anthem Biosciences Limited. The parties subsequently agreed to amicably resolve the matter.
F. Hoffmann-La Roche Ag v.Natco Pharma Limited
F. Hoffmann-La Roche appealed a single judge's decision that dismissed its application for an injunction against Natco Pharma Limited, which was manufacturing and selling Risdiplam. The core dispute centered on whether the species patent (IN 3343971) covering compounds for Spinal Muscular Atrophy was infringed by Risdiplam, or if the claims were obvious based on prior art disclosures in a genus patent (WO'916/US'955).
XX v.YY
The Plaintiffs filed a suit seeking permanent injunction against the Defendants for infringing Indian Patent No. 419280, which covers Benzamide Derivatives. The court registered the plaint as a suit and issued directions regarding the appointment and scope of the Local Commissioner to investigate the matter.
Helsinn Healthcare Sa v.Aet Laboratories Private Limited & Anr
The suit was filed by Helsinn Healthcare Sa seeking permanent injunction against Aet Laboratories Private Limited and others for infringing its patent IN 426553, which covers compositions for treating chemotherapy induced nausea and vomiting. The court ultimately vacated the existing ad interim injunction, finding that the plaintiff failed to establish territorial jurisdiction or a prima facie case.
Xx v.Yy
The Delhi High Court granted an ex-parte ad-interim injunction in favor of the Plaintiff (Xx) against the Defendants (Yy) concerning trademark infringement and passing off. The court found that the Defendant's use of 'KAMA GEMS' was deceptively similar to the Plaintiff's registered marks, leading to a restraint on selling infringing products and preventing disparagement. Additionally, the court granted several procedural reliefs, including exemption from pre-litigation mediation.
Gujarat Apollo Industries Limited v.Registrar of Trademarks
Gujarat Apollo Industries Limited successfully challenged the Trademark Registry's refusal of its 'Apollo' trademark application in the Gujarat High Court. The initial rejection was based on a likelihood of confusion with an existing mark, but the court accepted an affidavit and No-Objection Certificate (NOC) from the owner of the cited mark. Consequently, the court quashed the original rejection order and directed the Registrar to reconsider the application.
XX v.YY
The Plaintiffs filed a suit seeking permanent injunction restraining the Defendant from infringing Indian Patent No. 269841, which relates to Janus Kinase Inhibitors. The court passed several orders, including granting an ex parte ad-interim injunction and appointing a Local Commissioner to inspect premises and take samples of the alleged infringing drugs.
Manash Lifestyle Private Limited v.Pragati Enterprise & Ors.
The Delhi High Court formally accepted a settlement reached between Manash Lifestyle Private Limited and Pragati Enterprise & Ors. The original suit involved claims of trademark infringement, copyright violation, passing off, and unfair competition related to the brand 'DermDOC'. By agreeing to the terms of the Settlement Agreement dated May 28, 2025, the defendants acknowledged the plaintiff's proprietary rights, agreed not to use similar marks, and consented to the transfer of the domain name https://dermdoms.com/ to the plaintiff. The court consequently decreed the suit based on this compromise.
J. B. Chemicals And Pharmaceuticals Limited v.Mensa Futura Life Sciences Pvt. Ltd.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of J. B. Chemicals And Pharmaceuticals Limited against Mensa Futura Life Sciences Pvt. Ltd., addressing the alleged infringement of the 'ZECUF' trademark. The court recognized the established goodwill and reputation of the Plaintiff's pharmaceutical brand, leading to the appointment of a Local Commissioner. This commissioner is tasked with verifying stock and seizing infringing products, underscoring the judiciary's commitment to protecting registered trademarks in the fast-moving pharma sector.
Sanjeev Juneja & Ors. v.Haridwar International Ayurveda & Ors.
In a suit concerning the alleged infringement of its trademark and copyright, Sanjeev Juneja & Ors. successfully secured an ex-parte ad-interim injunction from the Delhi High Court. The court also permitted the appointment of a Local Commissioner to inspect and potentially seize infringing stock bearing the 'PET SAFFA' mark. This order allows the plaintiffs to proceed urgently with their infringement claims while setting out procedural timelines for filing pleadings.
M/S. Adarsh Pharmaceutical Works v.Rhugved Pharmaceuticals
The Bombay High Court addressed a writ petition filed by M/S. Adarsh Pharmaceutical Works challenging the rejection of its application for a stay of proceedings in a related trademark suit. The petitioner argued that since their own suit regarding the same product was already pending and had an injunction, the subsequent suit filed by Rhugved Pharmaceuticals seeking passing off should be stayed under Section 10 of the CPC. The Court agreed with the petitioner's stance, directing that the District Judge-12, Nagpur, shall not proceed with Trademark Suit No.3 of 2023 in the interim.
Novartis Ag & Anr. v.Novarise Pharmachem Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Novartis against Novarise Pharmachem Private Limited, addressing a trademark infringement dispute. The court found that the Plaintiffs had established a prima facie case regarding their registered trade mark 'NOVARTIS,' noting its extensive use and high goodwill in the pharmaceutical sector. Given the likelihood of consumer confusion between 'NOVARTIS' and 'NOVARISE,' the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.
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