Textile — India Patent Cases
34 decisions indexed
Page 2 of 2 · 34 total
Franz Xaver Huemer v.New Yash Engineers
This Delhi High Court judgment addressed the critical issue of whether a foreign patent holder, who had not commercially exploited their registered patents in India for many years, could successfully seek temporary injunctions against alleged infringers. The plaintiff, Franz Xaver Huemer, sought to restrain New Yash Engineers from manufacturing and selling infringing textile machinery. However, the court found that the plaintiff failed to establish a strong prima facie case or demonstrate that the balance of convenience favored his claim, leading to the dismissal of his appeal.
Franz Zaver Huemer v.New Yesh Engineers
The plaintiff, a registered proprietor of several loom-related patents, filed a suit seeking permanent and interim injunction against New Yesh Engineers for alleged infringement. The defendant countered that the suit was malicious, citing evidence of prior use of similar technology in India since 1992, and argued that the plaintiff's patent was invalid under Section 64 of the Patents Act.
Madura Coats Limited And Ors. v.Chetan Dev
The suit was filed by Chetan Dev against Madura Coats Limited seeking a declaration that the alleged infringement threats were unjustifiable and an injunction to stop them. The trial court decreed the suit, finding no infringement. On appeal, the High Court clarified that since damages were not claimed, the scope of the suit was limited only to whether the threats were justifiable. It found the threats unjustified.
Bhathey Sundara Rajan And Ors. v.A.A. Kuppusami Iyer And Anr.
The appeal concerned an infringement suit regarding the 'Amp hill Patent Loom.' The court addressed whether defendants could raise defenses beyond those specified in the Patents Act, particularly concerning lack of subject matter. Ultimately, the appeals failed because the defendants were unable to discharge the burden of proving prior use before the patent application date.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.