Software — India Patent Cases
84 decisions indexed
Page 3 of 3 · 84 total
Google Llc v.Assistant Controller Of Patents And Designs
Google LLC appealed the rejection of its patent application concerning a method and system for capturing panoramic images. The core contention was that the Patent Office failed to examine the amended claims under Section 13(3) of the Patents Act, 1970, leading to an unsustainable rejection order.
Microsoft Technology Licensing, Llc v.The Assistant Controller Of Patents And Designs
The petitioner challenged the position taken by the Assistant Controller of Patents and Designs. The Court found the affidavit filed by the Respondent to be inadequate in reasoning regarding Section 3(k) of the Patents Act, 1970. Consequently, the court directed the Controller General to ensure specialized Controllers assist the court on the next hearing date.
Blackberry Limited v.Assistant Controller Of Patents And Designs Patent Office
Blackberry Limited appealed a refusal order issued by the Assistant Controller of Patents which held that its method claims were not patentable because they consisted of executable software instructions. The High Court set aside this refusal, citing judicial precedents, and remanded the application for fresh consideration.
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Design
The appeal concerns the patentability of Computer Related Inventions (CRIs). The court heard arguments regarding the interpretation of Section 3(k) of the Patents Act, 1970. The respondent was given an opportunity to file an affidavit on whether the subject patent makes a technical contribution or effect.
M/S Map Systems v.M/S Informatic Publishing Limited
M/S Map Systems appealed against an interim order passed by the Commercial Court that confirmed an ex-parte temporary injunction against them. The plaintiff, M/S Informatic Publishing Limited, claimed that the defendants had misappropriated its proprietary remote access solution, 'RemotLog,' to create a competing product called 'MapMyAccess.' The Karnataka High Court found that the trial court's order was vague and lacked proper reasoning regarding the grant of injunction. Consequently, the appeal was allowed in part, setting aside the temporary injunction and remitting the matter back to the Trial Court for a fresh hearing.
Ust Global (Singapore) Pte Ltd v.The Controller Of Patents And Designs and Anr.
Ust Global appealed the rejection of its application for registering a design titled "Touch Screen," which was a Graphical User Interface (GUI). The Controller rejected it, arguing that GUI is incapable of design registration because it is software-based and only visible when the product is operating. The High Court set aside this order, finding that GUI qualifies as an industrial process applied to an article and is registrable.
Google Llc v.The Controller Of Patents
Google LLC appealed a decision by The Controller of Patents that refused its Indian Patent Application (No. 5429/DELNP/2007) under Section 2(1)(j) of the Patents Act, 1970. The appellant argued that the cited prior art did not disclose the claimed invention.
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Designs
Microsoft Technology Licensing, Llc appealed a decision by the Assistant Controller of Patents and Designs that refused its application for patent (No. 3304/DEL/2005). The refusal was based on Section 3(k) of the Patents Act, 1970, which prohibits patents for computer programs. Microsoft argued that the reliance on outdated guidelines was incorrect and cited prior court views supporting patentability.
SAP SE v.SAB INFOTECH SOLUTION PVT LTD & ANR
The dispute between SAP SE and Sab Infotech Solution Pvt Ltd was resolved through a comprehensive settlement decree by the Delhi High Court. The core agreement mandates that while Sab Infotech can continue using the full trading name 'SAB INFOTECH,' they must not use the mark 'SAB' in isolation or deceptively similar to SAP's registered trademarks. Furthermore, Sab Infotech agreed to withdraw a specific trademark application related to their brand. This settlement allows both parties to move forward with defined usage parameters.
Milaap Social Ventures India Pvt Ltd v.Google India Pvt Ltd
The Karnataka High Court allowed Milaap Social Ventures to amend its original suit, which was initially based on common law passing off. The petitioners sought to incorporate a statutory claim for trademark infringement after their mark ('MILAAP') was registered. The court overturned the trial judge's rejection, emphasizing that amendments should be liberally granted if they do not cause prejudice and are not mutually destructive with existing reliefs. This ruling allows parties to consolidate related IP claims under one suit.
Bombinate Technologies Private Limited v.Koo Coin And Others
The Delhi High Court granted an interim injunction in favor of Bombinate Technologies Private Limited against Koo Coin and others, finding a prima facie case of trademark misuse. The Plaintiff alleged that Defendants were using the registered 'KOO' mark and similar bird device marks on fraudulent cryptocurrency platforms (like www.koo.money) to mislead consumers into believing they were associated with the legitimate social media platform. Consequently, the Court directed MEITY and ISPs to block the infringing websites and restrained the defendants from further use of the 'KOO' name or offering digital coins until the final hearing.
Excitel Private Limited v.The Registrar Of Trade Marks
The Delhi High Court overturned the rejection of the trade mark application 'REELTIME' by the Senior Examiner. The court held that website printouts could constitute valid evidence of use, provided they are accompanied by a Section 65B certificate under the IT Act. Furthermore, the court found that prior registrations and a settlement agreement with Google LLC were sufficient to establish the Appellant's rights, allowing the mark to proceed for advertisement.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the rejection of its patent application for "ghosted synchronization" by the Assistant Controller of Patents & Designs. The rejection was primarily based on non-patentability under Section 3(k). The Court directed the Assistant Controller to submit a comprehensive report addressing the objections raised in the First Examination Report.
Jitendra Kohli v.The Controller Of Patents
Jitendra Kohli appealed the rejection of his patent application concerning an electronic tendering system. The Assistant Controller rejected the application under Section 3(k) for being a business method, based on the original process claims. The High Court found that the Assistant Controller erred by not considering the later-filed amended 'system and process claims', leading to the setting aside of the impugned order.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
Rxprism Health Systems Private Limited filed a suit against Canva Pty Ltd seeking permanent injunction to restrain the defendants from infringing its patented technology, titled 'Present and Record Feature of Canva'. The court allowed the plaint to be registered as a suit and set out directions for issuing summons and filing written statements.
Sap Se v.Sanjay Kumar Goel & Anr.
In a trademark dispute concerning the names 'SAP' and 'SAPPY', the Delhi High Court took two key actions. First, it confirmed an existing interim injunction after the defendants withdrew their trademark applications, thereby protecting the plaintiff's interests temporarily. Second, recognizing the parties' willingness to resolve the conflict amicably, the court directed both sides to participate in mediation, signaling a move towards settlement for the ongoing commercial suit.
Qliktech International Ab v.DCIT (International Taxation)
The assessee, Qliktech International AB (a Swedish company), was assessed income from the sale of its software products (Qlikview) as 'royalty' under Section 9(1)(vi) and Article 12 of the India-Sweden DTAA. The Tribunal ruled in favor of the assessee, holding that the mere transfer of a copyrighted article does not constitute a transfer of copyright or payment for use/acquisition of rights, and thus is not taxable as royalty.
Refread Solutions Private Limited v.Scientific E-Resource
The plaintiff, a company providing digital online libraries (Refread), sued the defendant for infringing its copyright and engaging in unfair competition. The plaintiff alleged that the defendant was promoting a similar product ('Read Smart Digital') using the plaintiff's tagline and had copied 87% of the website content and 100% of the product. The court found infringement and granted relief.
Ferid Allani v.Union Of India & Ors
The petitioner challenged the rejection of his patent application (IN/PCT/2002/00705/DEL), which covered a method and device for accessing web information. The Patent Office rejected it under Section 3(k) as a non-patentable computer program per se, and the IPAB dismissed the appeal citing lack of technical effect. The High Court allowed the petition and directed re-examination.
Microsoft Technology Licensing, LLC v.Deputy Controller of Patents and Designs
Microsoft Technology Licensing appealed the rejection of its Patent Application by the Deputy Controller of Patents and Designs. The appellant contended that the rejection order failed to objectively test the application or discuss relevant prior art (Exhibit D1).
Mr. Shammi Narang & Anr v.Pindrop Music App Private Limited
The Delhi High Court set aside an ex-parte interim injunction favoring Mr. Shammi Narang & Anr against Pindrop Music App Private Limited. The court found that both parties held registered trademarks, but crucially, they operated in different classes (Class 41 for the plaintiff's studio services and Class 42 for the defendant's mobile application). Citing Section 28(3) of the Trademarks Act, the court ruled that since the marks were not used in the same class, infringement could not be established at this stage. The ruling prioritized the balance of convenience in favor of the growing startup.
Yahoo! Inc v.Intellectual Property Appellate Board
Yahoo! Inc challenged the Intellectual Property Appellate Board's refusal to entertain its appeal against the Controller's order rejecting a patent application. The petitioner argued that the rejection under Section 25(1) should be construed as a decision under Section 15, allowing for an appeal. The Court allowed the writ petition, directing the IPAB to hear the appeal on merits after giving due opportunity to the opposing party.
Adobe Systems Incorporated v.Sh. Rohit Rathi And Anr.
The Delhi High Court ruled in favor of Adobe Systems Incorporated, finding that the defendant's use of the domain name www.adobeinc.org constituted trademark infringement and passing off. The court recognized 'ADOBE' as a well-known mark with trans-border reputation, noting that the defendant's attempt to ride on Adobe's popularity was mala fide. Consequently, the plaintiff was granted permanent injunctions against further use of similar names, a mandatory order for domain transfer, and punitive damages.
Microsoft Corporation v.Ashok Azad And Ors.
This case involved Microsoft Corporation, the owner of copyrighted computer software and registered trademarks, suing various computer training institutes for using pirated software. After initial injunctions were granted, the parties reached an amicable settlement which included undertakings by the respondents to cease infringement and legalize their software use. The subsequent petitions filed before the court sought contempt action based on alleged breaches of these undertakings. However, the Delhi High Court dismissed the petitions, ruling that since the undertaking was given only to the plaintiffs (the opposing party) and not directly to the court, it did not constitute a breach actionable under contempt jurisdiction.
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