Software — India Patent Cases
146 decisions indexed
Page 1 of 5 · 146 total
Universal Test Solutions Llp v.Punam Kumari Singh and Others
The Plaintiff filed an Interim Application seeking restraint against the Defendants for alleged infringement of multiple trademarks (Test Magic, eZscript, UTS) and passing off. The dispute centered on the ownership and usage rights of software development under the name 'Universal Test Solutions'. The Court examined the evidence regarding goodwill and reputation but found the material insufficient to establish a prima facie case.
Canva Pty Ltd & Ors. v.Rxprism Health Systems Private Limited & Anr.
Canva appealed a single judge's decision that had granted an interim injunction against its 'Present and Record' feature, alleging infringement of Rxprism Health Systems Private Limited's Indian Patent No. 360726. The appeal challenged the finding of infringement and the direction to deposit Rs. 50 lakhs as security.
Bunch Microtechnologies Pvt Ltd v.Telegram Fz Llc & Anr.
In an amicable resolution, the Delhi High Court disposed of the copyright infringement suit filed by Bunch Microtechnologies against Telegram Fz Llc. The parties successfully negotiated and formalized a comprehensive Standard Operating Procedure (SOP) governing how complaints regarding content infringement must be handled. This SOP mandates specific proof requirements from complainants, such as demonstrating ownership of copyright or trademark, before Telegram takes action. The court upheld this agreement, binding the defendant to the terms while granting the plaintiff a partial refund of court fees.
Sysvine Technologies Private Limited v.The Assistant Commissioner of Police
This Madras High Court judgment addressed a Writ Petition filed by Sysvine Technologies seeking action against another party for alleged trademark violation. Although the court noted that the petition was not maintainable as a direct request for an FIR registration, it issued a crucial direction. The court mandated that the Intellectual Property Rights Enforcement Cell must consider the petitioner's representation dated 12.09.2025 and take appropriate legal action within eight weeks.
TRANS UNION, LLC v.The Controller General of Patents, Designs & Trademarks
Trans Union, LLC challenged the refusal of its patent application (No. 4268/CHE/2012) by the Controller General of Patents, which rejected it primarily on grounds of non-patentability under Section 3(k). The appellant argued that the system and method for matching database records was inherently technical, providing a solution to data quality issues in emerging markets. The Madras High Court set aside the rejection order, finding that the invention involved technical considerations implemented by hardware, but remanded the matter to refine the claims' scope and ensure adequate enablement.
Trans Union, LLC v.The Controller General of Patents, Designs & Trademarks
Trans Union, LLC appealed a rejection order issued by the Controller General of Patents regarding its application for a database matching system. The core issue was whether the invention constituted a non-patentable 'computer programme per se' under Section 3(k) of the Patents Act. The High Court set aside the rejection, finding that the invention involved technical considerations and achieved a technical effect by optimizing data retrieval. However, due to overly broad claims, the court remanded the matter for further examination to narrow the scope and ensure enablement.
AB INITIO TECHNOLOGY LLC v.The Controller Of Patents & Designs
The appellant challenged an order rejecting its patent application (No. 4693/CHENP/2010) based on lack of novelty and inventive step, and non-patentability under Section 3(k). The invention relates to a method for tracing upstream and downstream data lineage using metadata management systems.
AB INITIO TECHNOLOGY LLC v.The Controller of Patents & Designs
The appellant challenged an order rejecting its patent application (No. 4693/CHENP/2010) based on objections regarding lack of novelty and inventive step, and non-patentability under Section 3(k). The invention relates to a method for tracing upstream and downstream data lineage using graphical representations.
Google Llc v.The Controller Of Patents
Google LLC appealed the rejection of its patent application (No. 2705/KOLNP/2014), which claimed a method for labeling visited locations based on contact information. The Controller rejected it under Section 3(k) as being an algorithm or computer program per se. The High Court upheld the rejection, finding that the invention was directed to an abstract idea and lacked sufficient technical advancement.
Kroll Information Assurance, Llc v.The Controller General Of Patents, Designs And Trademarks and Ors
Kroll Information Assurance, LLC appealed the refusal of its patent application concerning a Peer-to-Peer Network search system. The Controller had rejected the application primarily on grounds that it fell under the excluded subject matter of 'computer program per se' and 'algorithm' as defined by Section 3(k) of the Patents Act. The Delhi High Court upheld this rejection, concluding that the invention merely performs conventional search functions without demonstrating a demonstrable technical advancement to the hardware. Consequently, the appeal was dismissed.
Kickstarter, Pbc v.Kickstarter Private Limited And Anr.
The Delhi High Court granted an interim permanent injunction in favor of Kickstarter, Pbc, against Kickstarter Private Limited. The court found a prima facie case for infringement, noting that the defendant obtained registration of the identical mark 'KICKSTARTER' potentially in a dishonest manner. Given the irreparable harm to the plaintiff and the likelihood of market confusion, the defendants were immediately restrained from using the disputed trademark across all platforms.
Junglee Games India Private Limited v.John Doe & Ors.
Junglee Games India Private Limited filed a suit alleging trademark and copyright infringement against unknown parties operating deceptive websites. The Delhi High Court addressed several interlocutory applications related to the service of process, granting exemptions for advanced service due to the defendants' anonymous nature or the urgency of the relief sought. The court subsequently registered the plaint as a suit, allowing the plaintiff to proceed with seeking permanent injunctions against online infringers.
Ayka Tech And Systems Pvt Ltd v.Yash Tiwari & Anr.
The Delhi High Court framed key issues in the trademark infringement suit filed by Ayka Tech And Systems Pvt Ltd against Yash Tiwari & Anr. The core dispute revolves around whether the defendants breached an MoU and infringed upon the 'Salestown' trademark used for a CRM software. Crucially, the court clarified that while injunctions are sought regarding 'Salestown,' the defendants remain free to use any other CRM software in their business.
Grey Swift Private Limited Through Mr. Shivam Singla v.The Registrar Of Trade Marks
Grey Swift Private Limited has appealed a rejection order from the Senior Examiner of Trade Marks regarding its wordmark 'BharatStamp' in Class 9. The examiner rejected the mark, citing lack of distinctive character under Section 9(1)(a) of the Trade Marks Act. The Delhi High Court accepted the appeal and issued notice to the Registrar of Trade Marks, setting a date for arguments on August 28, 2024.
Pb Fintech Limited v.Policy Bazar Finance & Ors.
The Delhi High Court granted significant interim relief in favor of Pb Fintech Limited against various parties accused of trademark infringement. The court impleaded new defendants and issued strict injunctions restraining them from using deceptively similar marks like 'POLICYBAZAAR' or 'PAISABAZAAR'. Furthermore, the judgment directed domain registrars (DNRs) to immediately suspend and block infringing domains, and mandated ISPs to prevent access to these websites. The court also ordered the temporary suspension of a bank account linked to one of the alleged infringers.
Caleb Suresh Motupalli v.Controller of Patents
The appellant challenged the Controller's order rejecting his patent application based on various grounds, including lack of enablement, ambiguity in claims, and non-patentability. The High Court examined these issues, concluding that the invention lacked a demonstrable technical effect and failed to meet statutory requirements.
Mr. Prashant Philips v.M/s. The Assistant Controller of Patents and Designs
The appeal challenged the rejection of Indian Patent Application No. 1196/CHENP/2011, which related to using document length as a static relevance feature for ranking search results. The appellant argued that the invention provided a specific technical effect beyond general computing processes and was not merely an algorithm. The High Court set aside the rejection order and remanded the matter for fresh consideration.
Oracle International Corporation v.Cis It Solutions Pvt Ltd
Oracle International Corporation challenged an Arbitral Award that denied it the transfer of the domain name www.exadata.in, despite Oracle holding registered trademarks for 'EXADATA.' The Delhi High Court found that the arbitrator failed to appreciate the evidence and suggested the award was contrary to public policy. While the court did not overturn the award immediately, it initiated proceedings by issuing notice to the respondent, signaling a significant legal challenge to the initial domain dispute resolution.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents
Ab Initio Technology Llc challenged the rejection of its patent applications, which were initially denied on grounds that the subject matter was merely a computer program per se or algorithm (Section 3(k)). The appellant argued that their data processing method provided a 'technical effect' by improving resource efficiency. The Delhi High Court allowed the appeals to the extent that the objections under Section 3(k) and Section 16(1) were found not tenable, setting aside those impugned orders. However, the court remanded the matter back to the Controller for fresh examination regarding inventive step (Section 2(1)(ja)).
Microsoft Technology Licensing, Llc v.Deputy Controller Of Patents And Designs
Microsoft Technology Licensing, Llc appealed a rejection order issued by the Deputy Controller of Patents and Designs regarding Patent Application No. 2260/DELNP/2008. The rejection was based on lack of novelty and falling under 'algorithms'. With consent from both parties, the High Court set aside the impugned order and remanded the application for fresh consideration.
3M INNOVATIVE PROPERTIES COMPANY v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 201747024977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, claiming the invention was a non-technical computer program or mathematical method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection, leading to the matter being remanded for fresh consideration.
3M Innovative Properties Company v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 20174704977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, arguing that the invention was a computer program/implementable method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection (computer program vs. mathematical/statistical), leading to the matter being remanded for fresh consideration.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 5584/CHENP/2010). The rejection was based on lack of inventive step and exclusion as a computer program per se. The High Court allowed the appeal, finding that the invention possesses enhanced technical effect and meets the inventive step criteria.
Microsoft Technology Licensing, LLC v.The Assistant Controller of Patents and Designs, The Patent Office
Microsoft Technology Licensing appealed an order rejecting the grant of a patent application (No. 2559/CHENP/2012) on grounds of lack of inventive step. The Appellant argued that the Controller failed to provide proper consideration or independent reasons for concluding the invention was obvious in light of prior art and common general knowledge.
Grip Invest Technologies Private Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of Grip Invest Technologies, restraining a newly discovered mirroring website (eliteedgebrokerage.info) from operating. The court found that the new site was an exact copy of the plaintiff's website, infringing both copyright and trademark. Furthermore, the court directed the Domain Name Registrar and the Department of Telecommunication to take immediate steps to block access to the infringing domain, reinforcing proactive measures against online IP infringement.
Microsoft Technology Licensing Llc v.The Controller Of Patents And Designs & Anr.
Microsoft Technology Licensing Llc filed an appeal challenging the Assistant Controller of Patents and Designs' order dated November 9, 2023, which refused its patents application. The court first allowed the application for condonation of delay in filing the appeal.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
The plaintiffs filed an application alleging that the defendant was non-compliant with a prior court order by promoting or advertising the 'Present and Record' feature on its global website, potentially inviting Indian users to circumvent restrictions using VPNs. The Court found that while the feature is not available for download in India (which constitutes compliance), the defendant must take steps to ensure customer care does not suggest or exhort users to use VPNs to access the feature.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order issued by the Controller of Patents regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on objections concerning lack of novelty, inventive step, and non-patentability under Section 3(k). Google argued that its amended claims introduced differentiating features over the cited prior art.
Grey Swift Private Limited Through Mr. Shivam Singla v.The Registrar Of Trade Marks
Grey Swift Private Limited has appealed a rejection order from the Senior Examiner of Trade Marks regarding its wordmark 'BharatStamp' in Class 9. The examiner rejected the mark, citing lack of distinctive character under Section 9(1)(a) of the Trade Marks Act. The Delhi High Court accepted the appeal and issued notice to the Registrar of Trade Marks, setting a date for arguments on August 28, 2024.
Malikie Innovations Limited v.Controller General of Patents, Design, Trade Mark and Geographical Indications
Malikie Innovations Limited appealed against the Patent Controller's order refusing to grant a patent for its file system software. The Controller had raised objections primarily under Section 3(k), arguing it was pure software lacking hardware limitations. The High Court found merit in the appellant's submissions, concluding that since the invention relates only to software and is permissible under existing guidelines, the refusal should be set aside.
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