Patent Cases

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

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

Page 118 of 433

patent pending · Aug 9, 2021

Novartis Ag & Anr. v.Assistant Controller Of Patents And Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 1/2021

Novartis Ag & Anr. filed an appeal challenging the Assistant Controller's refusal to grant their Indian Patent Application No. 10611/DELNP/2015. The court allowed an interlocutory application regarding document filing and issued notice to the Defendant, setting the matter for further hearing.
patent plaintiff favorable · Aug 9, 2021

Indiyaa Distribution Network Llp v.P Singh & Ors.

Delhi High Court - Orders · CS(COMM) 366/2021

The Delhi High Court granted an ad-interim injunction in favor of Indiyaa Distribution Network Llp against P Singh & Ors. The Plaintiff, a prior user of the Ayurvedic joint pain relief oil 'SANDHI SUDHA', successfully argued that the Defendants' use of similar marks and imitation of packaging constituted passing off and copyright infringement. The court recognized the Plaintiff's established market presence and sales history to protect consumers from potential confusion.
patent plaintiff favorable · Aug 2, 2021

Yoshida Kenji v.The Asst.Controller Of Patents

Kerala High Court · WP(C) No. 5182 of 2015

This writ petition challenged the deemed abandonment of a Japanese national's patent application. The core dispute revolved around whether the 12-month statutory period for responding to the examination report should be calculated from the date the report was issued or the date it was actually received by the petitioner. The court ruled that the time limit must be counted from the date of receipt, finding that the petitioner had submitted a valid response within the extended timeframe.
patent interim order · Aug 2, 2021

Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.

Delhi High Court · CS(COMM) 1225/2018 & CC(COMM) 9/2019

The suit alleged infringement of Plaintiff's patent (IN'429) related to a novel agricultural composition used as a fertilizer. The Plaintiff claimed that Defendant No.1 was manufacturing and selling infringing products under brand names 'SUFFAR 90' and 'COZY WET 90 WDG'.
patent In favor of Plaintiff · Jul 30, 2021

Pcm Stresscon Overseas Ventures v.Patil Rail Infrastructure Private

Delhi High Court - Orders · CS(COMM) 342/2021

The plaintiffs seek an injunction against the defendant for allegedly infringing their technology and making threats regarding Patent No. 219099. The defendant agreed not to communicate against the plaintiffs during the pendency of the suit.
patent dismissed · Jul 28, 2021

Sandeep Pandey v.Union Of India And 4 Others

Allahabad High Court · PIL No. - 854 of 2021

The petitioner filed a PIL seeking directions for the vaccination of citizens between the ages of 18 and 45, and also sought directions under the Patents Act, 1970, to acquire necessary patents for vaccine manufacturing. The court dismissed the petition as the issue was pending before the Apex Court.
patent defendant favorable · Jul 20, 2021

Merck Sharp And Dohme Corp. v.Sms Pharmaceuticals Limited

Delhi High Court · IA 7615/2021 in CS (COMM) 463/2020

Merck Sharp And Dohme Corp. filed a suit seeking an injunction against Sms Pharmaceuticals Limited for infringing its patent on Sitagliptin, an anti-diabetic drug. The court initially granted an ex-parte ad interim injunction in favor of Merck. However, upon considering the defendant's request under Section 107A (Bolar exemption), the court modified the injunction to allow limited export of the API for research and development purposes.
patent defendant favorable · Jul 20, 2021

Astrazeneca Ab v.Intas Pharmaceuticals Limited, Alkem Laboratories Ltd., Zydus Healthcare Limited & Anr., Torrent Pharmaceuticals Limited, Micro Labs Limited, MSN Laboratories Private Limited, Eris Lifesciences Limited, USV Private Limited, Ajanta Pharma Limited

Delhi High Court · FAO(OS)(COMM) 139/20, 140/20, 155/20, 156/20, 157/20, 158/20, 159/20, 160/20 & 161/20

This Delhi High Court judgment addresses multiple appeals filed by AstraZeneca seeking interim relief to restrain various pharmaceutical companies from infringing its patents. The core issue revolved around whether AstraZeneca was entitled to an immediate injunction while the underlying suits for permanent injunction were pending. The court ultimately dismissed all nine appeals, finding no merit in the appellants' claims.
patent settled · Jul 12, 2021

Dhanavilas Madras Snuff Company v.S.Muthazhagu Proprietor M.M.Snuff Company

Madras High Court · C.S.(Com.Div.) No.313 of 2020 and O.A.Nos.603 to 605 of 2020

Dhanavilas Madras Snuff Company filed a civil suit against S.Muthazhagu Proprietor M.M.Snuff Company alleging multiple infringements, including trademark misuse and copyright violation concerning the design of snuff pouches. The plaintiff sought permanent injunctions to stop the use of similar marks and artistic designs. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the Memo of Compromise.
patent plaintiff favorable · Jul 7, 2021

FMC Corporation v.Natco Pharma Limited

Delhi High Court · CS(COMM) 611/2019 & CS(COMM) 69/2021

FMC Corporation filed applications seeking interim injunction against Natco Pharma Limited and Best Crop Science LLP for allegedly infringing its patents related to Chlorantraniliprole (CTPR). The court examined claims of infringement and challenges to the validity of the patents. Ultimately, the Delhi High Court allowed the interim injunctions, emphasizing that in patent infringement cases involving agrochemicals, public interest dictates preventing the perpetuation of an invention that is prima facie infringing.
patent plaintiff favorable · Jul 6, 2021

Control Print Limited v.Anmol Chugh Trading As Shavias Enterprises and Ors.

Bombay High Court · 19.IAL-13637-2021 (in Commercial IP Suit No. 13634 of 2021)

In a mixed IP dispute involving copyright infringement and passing off related to 'The Mask Lab,' the Bombay High Court granted ad-interim relief in favor of Control Print Limited. The court issued injunctions restraining the defendants from using designs substantially similar to the plaintiff's copyrighted artistic work, and from passing off their products as those of 'The Mask Lab.' Additionally, the order directed the removal of malicious reviews posted on the plaintiff's Google page, providing immediate protection pending final disposal of the suit.
patent dismissed · Jun 28, 2021

Ms. Mallika Singh Daughter Of Mr. Narendra Singh and Mr. Parth Pareek Son Of Mr. Prem Prakash Pareek v.Union Of India, State Of Rajasthan, Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan

Rajasthan High Court - Jaipur · D.B. Civil Writ Petition (PIL) No. 5947/2021

Petitioners filed a Public Interest Litigation seeking directions to the respondents to ascertain if any vaccine is covered by patents, issue compulsory licenses under the Patents Act, share manufacturing trade secrets, and increase vaccine production capacity. The court dismissed the petition, stating that the issues involved relate to policy decisions to be taken by the respondents.
patent dismissed · Jun 24, 2021

M/s.Allied Business Solutions Private Limited v.M/s.Avan-Tec Medical Systems (P) Ltd

Madras High Court · C.S.No.141 of 2000

M/s. Allied Business Solutions Private Limited filed a suit against M/s. Avan-Tec Medical Systems (P) Ltd, alleging infringement of its copyrighted computer software 'MEDIVEIW' and associated trademarks. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials. However, the plaintiff subsequently informed the court that the defendants were no longer using the program and requested to withdraw the suit.
patent dismissed · Jun 24, 2021

Mrs.S.Radharani Prop. of Sadharani Tex (represented by Mr.S.Sadhasivam) v.Master Lungies

Madras High Court · C.S.No.763 of 2002

This suit involved a claim by Sadharani Tex against Master Lungies for infringement of trademark and copyright related to the 'KABUTTAR CHAAP label' used on lungies. The plaintiff sought permanent injunctions, damages, and an accounting of profits due to alleged passing off and unauthorized use of the artistic work. However, during the proceedings, the plaintiff was unable to provide instructions regarding whether the defendants were actively continuing the infringement after an interim order had been issued.
patent defendant favorable · Jun 18, 2021

Willowood Chemicals Pvt Ltd v.Indo-Swiss Chemicals Ltd & Anr.

Delhi High Court · CS(COMM) 474/2020

The defendants filed an application seeking permission from the court to sell their existing stock of a fungicidal composition, which was previously restrained by an ex-parte injunction. The plaintiff strongly opposed this request, arguing that the defendants had continued manufacturing and selling the infringing product despite being aware of the patent rights and prior objections. The court dismissed the application.
patent interim order · Jun 16, 2021

Pidilite Industries Limited v.Q-Chem Sealers Pvt Ltd

Bombay High Court · 20-IAL11238-2021 IN COMIPL11236-2021 WITH LPETN186-2021

Pidilite Industries Ltd filed a suit seeking protection against infringement and passing off concerning its various marks, labels, and the unique design of its DR FIXIT storage containers. The court addressed an interim application regarding service of notice and combined the causes of action.
patent interim order · Jun 14, 2021

Liberty Oil Mills Limited v.N. M. Oil Enterprises

Bombay High Court · 21-IAL-10368-2021 IN COMIPL-10315-2021+

The petitioner, Liberty Oil Mills Limited, filed an interim application regarding a Commercial IP Suit. The court noted that the initial service of notice was insufficient as it did not specify a particular date for the ad-interim hearing. Consequently, the Court issued an order setting a specific date and requiring the plaintiff to provide detailed notice.
patent settled · Jun 4, 2021

H. Lundbeck A/S v.Symed Labs Limited

Delhi High Court · CS(COMM) 103/2021

The dispute concerned the alleged infringement of Indian Patent No. 227963 by Symed Labs Limited regarding Vortioxetine/Vortioxetine Hydrobromide. The parties amicably resolved the matter, leading to a decree in terms of the settlement agreement.
patent defendant favorable · Jun 4, 2021

M/S. Golden Tobie Private Limited v.M/S. Golden Tobacco Limited

Delhi High Court · CS(COMM) 178/2021

M/S. Golden Tobie Private Limited filed a suit seeking permanent injunctions and damages against M/S. Golden Tobacco Limited, alleging wrongful cancellation of an exclusive trademark license agreement. The core dispute revolved around the interpretation and validity of the termination notices issued by the defendant. However, the court ultimately ruled that since the controversy primarily arose from contractual terms rather than statutory infringement, the matter was subject to arbitration as per the existing clause in the agreements.
patent settled · Jun 4, 2021

Merck Sharp And Dohme Corp v.Amoli Organics Private Limited

Delhi High Court - Orders · CS(COMM) 279/2021

Merck Sharp And Dohme Corp filed a suit seeking a permanent injunction and damages against Amoli Organics Private Limited for allegedly making, selling, or dealing in products that infringe its Indian Patent No 209816. The dispute centered on the Sitagliptin API and its salts.
patent plaintiff favorable · Jun 4, 2021

El Baik Food Systems Co. S.A. v.Arsalan Wahid Gilkar & Anr.

Delhi High Court - Orders · CS(COMM) 283/2021

The Delhi High Court granted an ad interim injunction in favor of El Baik Food Systems Co. S.A., a popular restaurant chain, against defendants accused of trademark infringement and copyright violation. The court found that the defendants were using the 'ALBAIK' trademarks and logos to fraudulently offer unauthorized franchises across India. Recognizing both the trademark rights and the artistic nature of the logos, the judge restrained the defendants from using any deceptively similar marks or offering fake franchise opportunities until the final hearing.
patent In favor of Plaintiff · Jun 3, 2021

Merck Sharp And Dohme Corp v.Solitaire Pharmacia Private Limited

Delhi High Court - Orders · CS(COMM) 270/2021

The plaintiffs filed for an ex-parte injunction against the defendants for infringing their Indian Patent No. 209816 related to SITAGLIPTIN and its pharmaceutically acceptable salts. The court found a prima facie case in favor of the plaintiffs.
patent In favor of Plaintiff · May 31, 2021

Merck Sharp And Dohme Corp v.Yms Laboratories Private Limited

Delhi High Court - Orders · CS(COMM) 250/2021

The plaintiffs allege that the defendant is infringing their Indian Patent No. 209816 related to SITAGLIPTIN. They seek an injunction to prevent the defendant from manufacturing or selling infringing products.
patent interim order · May 27, 2021

Natco Pharma Limited v.Union Of India & Ors.

Delhi High Court - Orders · W.P.(C) 5558/2021

Natco Pharma Limited filed a writ petition challenging the procedural approach of the Patent Controller, arguing that its application for cross-examination of expert witnesses had not been decided. The court observed the long pendency and directed the Controller to first dispose of Natco's cross-examination application before proceeding with the merits of Novartis' patent application.
patent plaintiff favorable · May 25, 2021

UPL Limited v.Bhaskar Agrochemicals Ltd & Anr.

Delhi High Court - Orders · CS(COMM) 238/2021

UPL Limited filed a suit alleging that Bhaskar Agrochemicals Ltd was manufacturing and intending to launch a product comprising Acephate 50% + Imidacloprid 1.8% SP, infringing UPL's registered patents (IN 194211 and IN 211250). The court decreed the suit in favor of UPL Limited, granting a permanent injunction against the defendant for the validity period of the patents.
patent plaintiff favorable · May 25, 2021

SAP SE v.SAP HANA SERVER ACCESS HYDERABAD AND ORS

Delhi High Court - Orders · CS(COMM) 239/2021, I.A.6687/2021

The Delhi High Court granted an ex parte ad interim injunction in favor of SAP SE against the defendants. The court found merit in SAP's claims regarding its proprietary software and trademarks ('SAP', 'SAP HANA'). Consequently, the court directed the immediate de-activation of multiple infringing websites and social media accounts, as well as freezing a specific bank account linked to the alleged pirated activities.
patent mixed · May 19, 2021

Fmc Corporation v.Natco Pharma Limited

Delhi High Court · CS(COMM) 69/2021; CS(COMM) 611/2019 (I.A. 5801/2021 & I.A. 5816/2021)

FMC Corporation filed suits alleging infringement by Natco Pharma Limited regarding the product Chlorantraniliprole (CTPR), protected under Indian Patents IN 307 and IN 332. The core dispute revolved around whether these specific patents remained valid, especially since CTPR was covered by an expired genus patent (IN 978). While FMC argued for a permanent injunction against the launch of CTPR, Natco contended that the validity of the suit patents was questionable due to the prior coverage by IN 978. The court disposed of the interim applications but scheduled further hearings to conclude the complex arguments on the merits.
patent mixed · May 13, 2021

Dharmendra Kumar Aggarwal v.Govt. Of Nct Of Delhi Through The Secretary & Anr.

Delhi High Court · W.P.(C) 5173/2021

This petition addressed the critical issue of supply and availability of the drug Tocilizumab 400 MG (Actemra) for COVID-19 patients in Delhi. The court examined submissions from Roche India, which indicated that global demand far exceeded current manufacturing capabilities. While Roche mentioned partnerships with other entities to meet demand, they provided no clear assurance regarding further supply to India. Consequently, the court issued detailed directions to both Roche and the Union of India to provide comprehensive affidavits on supply chain status, patent details, and potential alternatives.
patent settled · May 5, 2021

Hindustan Unilever Limited v.Vishal Products

Bombay High Court · COMIP (L) NO. 10507 OF 2021

Hindustan Unilever Limited filed a suit against Vishal Products alleging infringement of copyright and passing off concerning the distinctive artistic label and trade dress of its 'WHEEL' detergent. The parties reached a consent order before the Bombay High Court, settling the dispute without pressing for damages or costs. Under the settlement, Vishal Products acknowledged HUL's proprietary rights, agreed to cease using the similar packaging, and committed to destroying all existing infringing stock.
patent plaintiff favorable · May 3, 2021

Interdigital Technology Corporation v.Xiaomi Corporation

Delhi High Court · I.A. 8772/2020 in CS(COMM) 295/2020

Interdigital Technology Corporation filed an application seeking an injunction against Xiaomi Corporation and others, restraining them from enforcing an anti-suit injunction order passed by the Wuhan Intermediate People's Court. The dispute centers on alleged infringement of Standard Essential Patents (SEPs) used in cellular handsets. The court allowed the application, making the ad interim injunction absolute.
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