Patent Cases

12,989 decisions across India · European UPC · US PTAB

India 2,823 European UPC 1,592 US PTAB 8,574

Page 106 of 433

patent pending · Dec 6, 2022

Centrient Pharmaceuticals Netherlands B.V. v.Dalas Biotech Limited

Delhi High Court - Orders · CS(COMM) 218/2019 & CC(COMM) 19/2019

The dispute involves a claim of infringement regarding a process patent for manufacturing Amoxicillin Trihydrate. The Plaintiffs sought to implead the Drug Controller General of India, arguing the Defendant failed to prove their process was different from the patented process. The Defendant countered that the Plaintiff was exceeding the scope and had not demonstrated product identity.
patent plaintiff favorable · Dec 6, 2022

Akums Drugs Pharmaceuticals Limited v.Ferring B.V.

Delhi High Court - Orders · CS(COMM) 846/2022 & CAV 433/2022

Akums Drugs Pharmaceuticals Limited filed a suit seeking a declaration that its pharmaceutical composition does not infringe Patent IN 387567 held by Ferring B.V. The defendant raised a preliminary objection regarding the non-compliance with pre-institution requirements under Section 105 of the Patents Act, 1970. The court allowed the plaint to be registered as a suit and directed the issuance of summons.
patent dismissed · Dec 5, 2022

M/s.Kaleesuwari Refinery Private Limited v.M/s.Jaya Sai Traders

Madras High Court · C.S.(Comm.Div.)No.125 of 2022

M/s.Kaleesuwari Refinery Private Limited filed a civil suit seeking permanent injunctions against M/s.Jaya Sai Traders for alleged infringement of its registered trademark 'DHEEPAM' and copyright violation related to the packaging of lamp oil. The plaintiff claimed that the defendant was using deceptively similar marks ('PANCHA DEEPAM OIL') and trade dress, leading to passing off. However, before the court could rule on the merits of the IP infringement claims, the plaintiff chose to withdraw the suit.
patent defendant favorable · Dec 5, 2022

FMC Corporation & Ors. v.Natco Pharma Limited

Delhi High Court · FAO(OS) (COMM) 301/2022

FMC Corporation appealed an order that rejected its application for a permanent injunction against Natco Pharma Limited. FMC alleged that Natco's process for manufacturing Chlorantraniliprole (CTPR) infringed their patented method IN 298645, claiming equivalence between the processes. The Delhi High Court dismissed the appeal, finding no infringement because the use of thionyl chloride by Natco was not equivalent to sulfonyl chloride in the suit patent.
patent interim order · Dec 5, 2022

Telefonaktiebolaget Lm Ericsson (Pub) v.Controller General of Patents, Designs and Trademarks and Anr

Calcutta High Court · O-124 IPDPTA/14/2022

This matter was transferred to the Calcutta High Court Original Side from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Department regarding record correction and directed the Commercial Appellate Division to issue notices to both parties before the returnable date. Consequently, the case was scheduled for listing in January 2023.
patent remanded · Dec 5, 2022

Multimodal Technologies, LLC v.Deputy Controller of Patents and Designs

Calcutta High Court · IPDPTA/11/2022

This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the relevant department to correct its records and subsequently listed the matter for January 2023.
patent pending · Dec 5, 2022

Millennium Pharmaceuticals Inc v.The Controller Of Patents

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 367/2022

Millennium Pharmaceuticals Inc filed an appeal challenging the order dated July 22, 2019, by The Controller of Patents. This order rejected the application for grant of a patent under various sections of the Patents Act, 1970. The court issued notice and directed both parties to file submissions and pleadings.
patent pending · Dec 5, 2022

Techfields Pharma Co Ltd Yu Chongxi v.Deputy Controller Of Patents And Designs

Calcutta High Court · IPDPTA/13/2022

This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the department to correct its records and instructed the Commercial Appellate Division to issue necessary notices.
patent pending · Dec 2, 2022

Gea Refrigeration Netherlands Nv v.Metalex Cryogenics Limited

Delhi High Court - Orders · CS(COMM) 834/2022

The plaintiffs filed a suit alleging that the defendants infringed upon their Indian Patent (IN 296857) related to piston compressor crankcases. The court registered the plaint and issued summons, setting out procedural directions for filing written statements and addressing various interlocutory applications.
patent pending · Dec 1, 2022

Alpa Laboratories Limited v.Troikaa Pharmaceuticals Ltd And Anr.

Delhi High Court - Orders · C.O.(COMM.IPD-PAT) 70/2022

The petitioner, Alpa Laboratories Limited, filed a petition seeking the revocation of Patent IN '231479. The petitioner argued that although the patent was revoked by the Deputy Controller of Patents on December 1, 2020, an appeal had stayed this revocation order. The court issued notice and directed parties to file submissions.
patent defendant favorable · Nov 30, 2022

SaNOtize Research and Development Corp. v.Lupin Limited

Bombay High Court · Commercial Appeal (L) No. 29661 of 2021

SaNOtize Research and Development Corp. filed a suit alleging that Lupin Limited infringed its proprietary technology, NONS (a Nitric Oxide Nasal Spray), by developing and marketing a competing product called NOXGUARD, in breach of a Confidentiality Agreement. The appeal challenged the dismissal of SaNOtize's interim application seeking an injunction against NOXGUARD.
patent pending · Nov 29, 2022

Janssen Pharmaceutica N.V. v.The Controller Of Patents And Anr

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 453/2022

Janssen Pharmaceutica N.V. filed an appeal challenging the rejection of its Indian Patent Application no. 4805/DELNP/2007 by the Controller of Patents and Anr. The application was rejected on grounds of lacking inventive step (Section 2(1)(j)) and insufficient disclosure (Section 10) of the Patents Act, 1970.
patent pending · Nov 28, 2022

Blackberry Limited v.Assistant Controller Of Patents And Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 125/2022

Blackberry Limited appealed an order dated July 31, 2019, wherein its application for grant of a patent was rejected. The court issued notice to the respondent and directed both parties to file written submissions within specified timelines.
patent plaintiff favorable · Nov 28, 2022

John Cockerill India Limited v.Sanjay Kamalakar Navare

Bombay High Court · CARBPL 24703 of 2022

John Cockerill India Limited filed a Commercial Arbitration Petition seeking urgent ex-parte relief against its former employee, Sanjay Kamalakar Navare. The Petitioner alleged that Mr. Navare, who had access to highly confidential designs, proprietary technical know-how, and customer data during his tenure, transferred sensitive information onto external storage devices before leaving the company. Based on a forensic analysis of the company laptop, the court recognized the gravity of the breach. Consequently, the Bombay High Court appointed a Receiver with powers under Order XL Rule 1 CPC to seize and examine all digital devices belonging to the Respondent to secure the evidence.
patent plaintiff favorable · Nov 25, 2022

Apnatime Tech Private Limited And Anr. v.Anik Dev Nath And Ors.

Delhi High Court - Orders · CS(COMM) 818/2022

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Apnatime Tech Private Limited against the defendants. The plaintiffs alleged that the defendants were passing off their services using a deceptively similar mark ('APNA JOBS') and infringing on their copyrighted website layout and user interface. Citing prima facie evidence, the court restrained the defendants from using the disputed mark and artistic works, while also directing domain name suspension and blocking to prevent further consumer confusion and irreparable harm.
patent No outcome · Nov 23, 2022

Ecomax Solutions Pvt. Ltd v.Energeo Building Solutions Llp & Ors

Delhi High Court - Orders · CS(COMM) 366/2022

The case involves issues related to patent infringement, rights relating to confidential information, and copyrighted drawings concerning the Automatic Tube Cleaning system. The court appointed Local Commissioners to ascertain the working of the system used by the Defendants.
patent settled · Nov 21, 2022

Cavinkare Pvt. Limited-Trends Division v.P & P Associates

Madras High Court · C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021

Cavinkare Pvt. Limited-Trends Division filed a civil suit against P & P Associates alleging multiple infringements, including unauthorized use of the registered trademark 'GREEN TRENDS' and copyright infringement related to product artistic works. The plaintiff sought permanent injunctions and damages for passing off. Ultimately, both parties reached an amicable settlement, which was formalized through a Memorandum of Compromise (MOC).
patent defendant favorable · Nov 18, 2022

Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Bdr Pharmaceuticals International Pvt. Ltd.

Delhi High Court · CS(COMM) 27/2020

The plaintiffs sought a permanent injunction against the defendants for dealing in generic APIXABAN infringing Indian Patent No. IN'247381. The dispute centered on whether the defendants' continued activities, such as participating in tenders and authorizing distributors post-injunction, constituted willful disobedience or contempt of court.
patent defendant favorable · Nov 17, 2022

Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd

Delhi High Court · CS (COMM) 303/2021, I.A. 7700/2021

Nokia, holding several patents deemed Standard Essential Patents (SEPs) for cellular technologies (2G-5G), filed an application seeking directions against Oppo. The dispute centered on whether Oppo's use of these patented standards required licensing under FRAND terms. The court dismissed Nokia's application, finding insufficient evidence to establish liability or justify the interim relief sought.
patent mixed · Nov 15, 2022

Eicore Technologies Pvt. Ltd. v.Eexpedise Technologies Pvt. Ltd.

Delhi High Court · CS(COMM) 1146/2018 (I.A. 16454/2021)

Eicore Technologies Pvt. Ltd. filed an application seeking permission to file additional documents in a commercial suit against Eexpedise Technologies Pvt. Ltd., which concerned alleged infringement of its software 'HealthBuzz' and misuse of trade secrets. The Plaintiffs sought to introduce various financial statements, correspondence, and domain details related to the Defendants' competing entities. However, the Delhi High Court scrutinized the request under the Commercial Courts Act, 2015, emphasizing the need for speedy disposal.
patent interim order · Nov 15, 2022

Janssen Pharmaceuticals & Others v.MSN Laboratories Pvt. Ltd.

Himachal Pradesh High Court · COMS No. 19 of 2022

The plaintiffs, patent holders of Indian Patent No. 312847 covering a combination therapy for diabetes (Metformin + Canagliflozin), filed suit against the defendant for infringement. The court found that a prima facie case was made out in favor of the plaintiffs and granted an ad interim injunction restraining the defendant from manufacturing or marketing the infringing product.
patent No outcome · Nov 14, 2022

Rxprism Health Systems Private Limited v.Canva Pty Ltd & Ors

Delhi High Court - Orders · CS(COMM) 573/2021; I.A. 14842/2021

The case involves RXPRISM challenging the validity of a patent held by Canva, with arguments presented regarding non-infringement and prior art.
patent pending · Nov 14, 2022

NEC Corporation v.Assistant Controller of Patents and Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 486/2022

NEC Corporation appealed the rejection of its patent application (No. 201717010986) by the Assistant Controller of Patents and Designs. The rejection was based on a lack of inventive step. The court allowed applications for exemption and condoned the delay in filing the appeal, subsequently listing the case for further hearing.
patent defendant favorable · Nov 14, 2022

FMC Corporation & Ors. v.GSP Crop Science Private Limited

Delhi High Court · CS(COMM) 662/2022

FMC Corporation filed a suit seeking an injunction against GSP Crop Science Private Limited for allegedly infringing Indian Patent No. IN 252004, which covers a method for preparing intermediates used in manufacturing the insecticide CTPR. The Plaintiffs argued that the Defendant's process was identical to the patented method. However, the Court dismissed the interim injunction application, finding that the balance of convenience favored the Defendant and raising doubts about the patent's industrial applicability due to its age.
patent dismissed · Nov 11, 2022

Rms Fire And Safety Services Pvt Ltd v.Ispl Automation Pvt Ltd

Delhi High Court · C.A. (COMM.IPD-PAT) 484/2022

The appellant challenged the revocation of their patent for a Motor Bike Fire Engine granted in 2019. The case was heard by the Delhi High Court to determine its territorial jurisdiction over an appeal originating from the Mumbai Patent Office. Ultimately, the court held that since the appropriate office was in Mumbai, it lacked jurisdiction.
patent defendant favorable · Nov 11, 2022

FMC Corporation v.Insecticides India Limited

Delhi High Court · CS(COMM) 348/2022 & I.A. 15833/2022, 17122/2022

The Plaintiffs filed an application seeking a permanent injunction against Insecticides India Limited, alleging that the Defendant was infringing their patent (IN'645) by using a patented method for preparing the insecticide CTPR. The court examined whether the Defendant's process was equivalent to the claimed invention.
patent mixed · Nov 10, 2022

Dr. Reddys Laboratories Limited & Anr. v.The Controller Of Patents & Ors.

Delhi High Court · 2022/DHC/004746

This judgment addresses complex jurisdictional issues arising after the enactment of the Tribunal Reforms Act, 2021. The court examined three proceedings: two revocation petitions and one appeal under the Patents Act, 1970. In C.O.(COMM.IPD-PAT) 3/2021, the court considered a petition to revoke Patent No. IN 268846. However, in other cases, the court ruled that jurisdiction was lacking because the appropriate office or another High Court already held the matter, preventing parties from pursuing parallel proceedings.
patent defendant favorable · Nov 10, 2022

M/S Aadhar Products Pvt. Ltd. v.M/S Lotus Organic Care

Rajasthan High Court - Jodhpur · S.B. Civil Misc. Appeal No. 3417/2018

M/S Aadhar Products Pvt. Ltd., a manufacturer of detergents, filed an appeal seeking to overturn the rejection of its application for a temporary injunction against M/S Lotus Organic Care. The appellant claimed that the respondent was infringing upon its registered trade mark 'Decide' and associated copyrights with its product 'Delite'. Despite arguments regarding prima facie infringement, the High Court found no legal infirmity in the trial court's decision to deny the injunction. Consequently, the appeal was dismissed, but the Trial Court was directed to expedite the final disposal of the original suit.
patent plaintiff favorable · Nov 9, 2022

Mr. Debabrata Saha Roy & Ors. v.State (Government of West Bengal)

Calcutta High Court (Appellete Side) · WPA/23718/2022

The petitioners challenged a notice restricting the registration of their echo friendly e-rickshaws due to an earlier title suit concerning patent infringement related to fuel cell batteries. The court held that since the petitioner's battery is distinct (lead cell) from the subject matter of the Title Suit, the Transport Directorate must grant registration, provided all other formalities are met.
patent interim order · Nov 4, 2022

Imberatek Llc v.Samsung Electronics Co. Ltd.

Delhi High Court - Orders · CS(COMM) 763/2022

The Delhi High Court passed an order in CS(COMM) 763/2022 addressing several interlocutory applications filed by Imberatek Llc against Samsung Electronics Co. Ltd. The court granted exemptions from pre-institution mediation and allowed the plaintiff to file confidential documents related to the suit patent under strict confidentiality terms.
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