Patent Cases

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

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

Page 125 of 433

patent plaintiff favorable · Oct 21, 2019

M/S Clean Tech Corrosion Chemicals v.The State Of Andhra Pradesh

Andhra Pradesh High Court - Amravati · WRIT PETITION No.36087 OF 2018

The petitioner, M/S Clean Tech Corrosion Chemicals, sought a writ of mandamus compelling the State of Andhra Pradesh to implement instructions mandating the use of its patented anti-corrosion admixture inhibitor liquid, CONCARE, in RCC structures. The state argued that it only recommended 'CONCARE or equivalent products' and was not bound to procure from the petitioner alone. The court ruled that while policy decisions are generally beyond judicial interference, the respondents must ensure that if they choose to use an anti-corrosion agent, it must be a licensed product.
patent remanded · Oct 18, 2019

M/s. Nagarjuna Agro Chemicals Pvt. Ltd. v.M/s. Sai Agrotech, F.M.D. (Farm Machinery Division)

Bombay High Court · CIVIL APPLICATION (O) NO. 1088 OF 2018 AND CIVIL APPLICATION (O) ST. NO.8281 OF 2018 IN WRIT PETITION NO. 6324 OF 2016

M/s. Nagarjuna Agro Chemicals Pvt. Ltd. filed applications for review against a previous judgment that had allowed a license request for Light Trap Equipment to be rejected by NCIPM. The court reviewed the matter, considering the involvement of the review applicant in an earlier agreement with ICAR regarding the licensed technology.
patent defendant favorable · Oct 18, 2019

Steer Engineering Private Limited v.Glaxosmithkline Consumer Healthcare Holdings (US)LLC; Glaxosmithkline Consumer Healthcare (UK) IP Limited; Glaxosmithkline Consumer Healthcare (UK) Trading Limited; Smithkline Beecham Limited

Karnataka High Court · COMMERCIAL APPEAL NO.5 OF 2019

Steer Engineering Private Limited (appellant) filed a commercial appeal seeking an interim injunction against Glaxosmithkline Consumer Healthcare (respondents). The appellant claimed infringement of its copyright and trade secrets related to proprietary extrusion technology used for nutritional beverages. The High Court dismissed the appeal, finding that the appellant failed to establish a prima facie case for granting temporary relief.
patent interim order · Oct 17, 2019

Meher Distilleries Private Limited v.Raisen Marketing Private Limited

Bombay High Court · 902-IA-1-19 (in COMIP (L) NO. 1115 OF 2019)

Meher Distilleries Private Limited filed an interim application alleging that Raisen Marketing Private Limited was infringing its registered trade mark and copyrighted artistic design used on its country liquor bottles. The court found a strong prima facie case for infringement.
patent dismissed · Oct 14, 2019

Satish Kumar v.Khushboo Singh & Ors.

Delhi High Court · CS(COMM) 89/2019

Satish Kumar filed a suit against Khushboo Singh and others, alleging the misappropriation of confidential information, trade secrets, and clientage belonging to his company, Plasma Impex Inc. The plaintiff sought permanent injunctions and damages, claiming that the defendants used proprietary data obtained during their employment. However, the court ultimately dismissed the suit as withdrawn by the plaintiff.
patent defendant favorable · Oct 11, 2019

Gaur Hari Guchhait & Ors v.Shogun Organics Ltd

Delhi High Court · RFA(OS)(COMM) 41/2019

The appeal was filed by the original defendants against a decree that found them infringing the plaintiff's patent for the process of manufacturing d-trans Allethrin. The appellants argued that the process was already known due to its registration under the Insecticides Act, 1968. The court dismissed the appeal, holding that product registration does not equate to disclosure of the manufacturing process required for patentability.
patent remanded · Sep 30, 2019

Mylan Laboratories Limited v.Union Of India & Ors.

Delhi High Court · W.P.(C) 5571/2019

Mylan Laboratories Limited challenged the Deputy Controller's order regarding a patent application, arguing that prior arts were not adequately considered. The court examined the matter and held that since there are efficacious alternative statutory remedies (post-grant opposition or revocation), the writ petition would not be entertained.
patent settled · Sep 27, 2019

Pfizer Inc v.Actiza Pharmaceutical Private Limited

Delhi High Court - Orders · CS(COMM) 158/2019

Pfizer Inc filed a suit against Actiza Pharmaceutical Private Limited alleging infringement of its patents covering Sunitinib and Axitinib. The parties subsequently reached a settlement through mediation before the Delhi High Court.
patent plaintiff favorable · Sep 26, 2019

Onyx Therapeutics Inc. v.Union Of India & Ors

Delhi High Court · LPA 229/2019 & LPA 249/2019

Onyx Therapeutics Inc. challenged the Deputy Controller of Patents' orders that restricted its right to cross-examine expert witnesses during a post-grant opposition filed by Fresenius Kabi Oncology Ltd. The core dispute centered on whether the patentee, having filed objections under Rule 58, was entitled to challenge the veracity of the opponent's experts through cross-examination. The Delhi High Court ultimately ruled in favor of Onyx, quashing the restrictive orders and allowing the cross-examination without imposing any condition regarding the filing of evidence by the patentee.
patent plaintiff favorable · Sep 25, 2019

Prashant Properties Limited v.Sps Steels Rolling Mills Ltd

Calcutta High Court (Appellete Side) · C.O. No. 2205 of 2019 (with C.A.N. No. 6305 of 2019)

The petitioner, an operational creditor, entered into a Permissive User Agreement (PUA) with the respondent to use a family of marks in lieu of securing an outstanding debt. The trial court granted an ad interim injunction restraining the respondent from suspending this PUA. The appellate court stayed this injunction, arguing that civil courts lacked jurisdiction under the IBC and Companies Act. The High Court set aside the stay order, finding that the suit was maintainable as a collateral security agreement.
patent plaintiff favorable · Sep 18, 2019

Reliance Life Sciences Private Limited v.M/S Genentech Inc And Ors.

Delhi High Court · FAO(OS) 181/2016

This case involves a dispute between Reliance Life Sciences (the appellant) and Genentech/Roche (the respondents) concerning the launch of the biosimilar drug TrastuRel. The respondents sought an injunction against TrastuRel, alleging inadequate testing under Indian regulatory guidelines despite the original patent having lapsed. The Delhi High Court ultimately allowed the appeal, granting an interim stay on the restrictive order, thereby allowing Reliance to continue its manufacturing and marketing operations.
patent settled · Sep 13, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.SP Traders

Madras High Court · C.S.No.436 of 2019

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.SP Traders alleging infringement of its registered trade mark 'Gold Winner' and violation of copyright related to the packaging of edible oil. The plaintiff claimed that the defendant was using the deceptively similar mark 'Shree Gold' and passing off inferior products as the plaintiff's brand. Although the initial claims involved trademark, passing-off, and copyright violations, the parties ultimately reached a compromise.
patent settled · Sep 13, 2019

M/s.Micro-Pak Ltd. v.Radhika Sales

Madras High Court · C.S.No.721 of 2017

M/s. Micro-Pak Ltd filed a civil suit against Radhika Sales alleging infringement of its registered trademark 'Micro-pak' and associated copyright, particularly concerning anti-microbial stickers and moisture management products. The plaintiffs sought perpetual injunctions, destruction of counterfeit goods, and damages for passing off. Ultimately, the parties reached a Joint Compromise Memo, leading to the court decreeing the suit in terms of this settlement.
patent mixed · Sep 9, 2019

M/s.TVS Srichakra Limited v.M/s.Nemson Rubber Industries

Madras High Court · C.S.No.499 of 2019

M/s.TVS Srichakra Limited filed a suit against M/s.Nemson Rubber Industries alleging infringement of its well-known trademark, "O TVS TYRES," and associated copyright. The plaintiff sought permanent injunctions, destruction of infringing goods, damages, and account of profits. However, the court ultimately decreed the suit only for the specific prayers related to permanent injunctions after receiving an undertaking from the defendants.
patent defendant favorable · Aug 20, 2019

Novartis Ag v.Natco Pharma Limited

Delhi High Court · CS (COMM) 229/2019

Novartis filed a suit seeking permanent injunction and damages for its patented drug, Ceritinib. Natco Pharma challenged this by relying on an order from the Controller revoking the patent due to lack of novelty. The Court ultimately held that since the patent was revoked, the infringement action could not be maintained, suspending the existing interim manufacturing restraint.
patent settled · Aug 16, 2019

S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. v.Sree Sai Raama Oil Mill, V. Dhadapani, and S. Ravichandran

Madras High Court · C.S.No.151 of 2019

This civil suit was filed by S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. against Sree Sai Raama Oil Mill, alleging infringement of the registered trademark "UDHAIYAM" and copyright violation concerning their oil products. The plaintiffs sought perpetual injunctions, rendition of accounts, and damages for passing off. However, before a final judgment on merits, the parties reached an amicable settlement.
patent plaintiff favorable · Aug 14, 2019

Shogun Organics Ltd. v.Gaur Hari Guchhait & Ors.

Delhi High Court · CS (COMM) 201/2017

Shogun Organics Ltd. filed a suit seeking permanent injunction against infringement of its patent (IN-236630) related to the manufacturing process of d-trans Allethrin, an active ingredient in mosquito repellents. The Plaintiff alleged that the Defendants were using the patented process despite having different licenses. The court found the patent valid and ruled in favor of the Plaintiff.
patent mixed · Aug 14, 2019

Pan Seeds Pvt. Ltd. v.M/S. Kishan Green Field Agritech & Ors.

Calcutta High Court · GA 1787 OF 2019 / CS 136 OF 2019

In this trademark and copyright infringement suit, the defendants challenged the court's jurisdiction over the case. The Calcutta High Court did not immediately rule on the jurisdictional challenge but instead granted the plaintiff an opportunity to file a detailed affidavit in opposition. Furthermore, the court directed the defendants to disclose all sales accounts related to the 'DOUBLE PAAN' trademark from the date of filing, ensuring that the core issues of infringement and jurisdiction would be addressed thoroughly.
patent defendant favorable · Aug 8, 2019

Astrazeneca Ab v.P Kumar & Anr

Delhi High Court · CS(COMM) 749/2018

Astrazeneca filed suit seeking permanent injunction against defendants for marketing generic versions of TICAGRELOR, claiming infringement of three Indian Patents (IN 907, IN 984, IN 674). The core dispute revolved around whether the plaintiff could secure an interim injunction while the patents faced credible challenges to their validity. The court ultimately found that since the defendants raised strong questions rendering the patent vulnerable, the plaintiffs failed to establish a prima facie case for injunction.
patent dismissed · Aug 5, 2019

S.Sudhakar & Shri Lakshmi Agro Foods Pvt. Ltd. v.M/s.Puvaneshwari Oil Traders

Madras High Court · C.S.No.428 of 1998

The plaintiffs, S.Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd., filed a suit against M/s.Puvaneshwari Oil Traders alleging trademark and copyright infringement concerning their registered mark 'UDHAIYAM' used for food products like Gingelly Oil. The plaintiffs sought perpetual injunctions and damages for passing off. However, during the hearing, the plaintiff's counsel requested permission to withdraw the suit while retaining the liberty to file a fresh case should future infringement occur.
patent settled · Jul 18, 2019

M/s.Add Print [India] Enterprises Private Limited v.M/s.Mohan Impressins Pvt. Ltd.

Madras High Court · C.S.No.556 of 2010

M/s.Add Print [India] Enterprises filed a civil suit against M/s.Mohan Impressins Pvt. Ltd., seeking perpetual injunctions against the use of deceptively similar marks ('Presto INSTANZA') and infringement of their registered design for box type pre-inked rubber stamps. The plaintiff also sought relief related to passing off and surrender of infringing materials. However, before the court could rule on the merits, both parties reached a settlement agreement.
patent dismissed · Jul 17, 2019

Transformative Learning Solutions Pvt. Ltd. v.Pawajot Kaur Baweja

Delhi High Court · CS(COMM) 817/2018

The plaintiffs filed a suit seeking permanent injunction to restrain the defendants, former employees, from disclosing confidential information, using proprietary content (including copyright), and competing in Ayurveda. The dispute centered on whether the plaintiffs could refuse to share the list of customers with the defendants, despite claiming rights over that data.
patent settled · Jul 16, 2019

Sulphur Mills Limited v.Ms.Seema Rathi

Madras High Court · C.S.No.396 of 2019

Sulphur Mills Limited filed a civil suit alleging infringement of its patented agricultural composition (Patent No. 282429) against Ms. Seema Rathi and Balaji Agro. The parties subsequently reached an amicable settlement, which the court recorded and decreed.
patent mixed · Jul 16, 2019

Natco Pharma Ltd v.Bristol Myers Squibb Holdings Ireland Unlimited Company

Delhi High Court · FAO(OS)(COMM) 160/2019

Natco Pharma Ltd challenged an interim injunction restraining it from infringing Indian Patent IN No.247381, which was held by Bristol Myers Squibb Holdings Ireland and its subsidiaries. The appeal focused on whether the Single Judge had properly considered the merits of the case before issuing a restrictive order. The Delhi High Court ultimately set aside the impugned interim injunction, directing that the application for interim relief be heard again on merits.
patent mixed · Jul 12, 2019

Communication Components Antenna Inc. v.Ace Technologies Corp. And Ors.

Delhi High Court · CS (COMM) 1222/2018

Communication Components Antenna Inc. filed a suit seeking permanent injunction against Ace Technologies Corp. and its subsidiaries for infringing Indian Patent No. 240893, titled "Asymmetrical Beams for Spectrum Efficiency." The Plaintiff alleged that two specific models of antennae manufactured by the Defendants infringed upon their patented technology used in telecommunications. Although the validity of the patent was challenged by the Defendants, the court directed them to deposit Bank Guarantees covering the value of infringing sales made both before and during the pendency of the suit. Failure to comply with these financial directions would result in a permanent restraint on manufacturing or selling the infringing antennae.
patent mixed · Jul 11, 2019

Natco Pharma Limited v.Bayer Healthcare Llc

Delhi High Court · FAO(OS) (COMM) 158/2019

This appeal challenged an interim injunction restraining Natco Pharma Limited from infringing Bayer Healthcare Llc's Indian Patent No. 240207, which covers the drug Regorafenib. The Delhi High Court found that the impugned order lacked sufficient clarity and did not adequately consider the parties' submissions regarding infringement. Consequently, the court set aside the interim injunction and directed that the application for interim relief be heard afresh on its merits by the Single Judge.
patent dismissed · Jul 8, 2019

Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh

Madras High Court · C.S.No.716 of 2018

Bharathi Consumer Care Products Pvt. Ltd. filed a civil suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The claims included unauthorized use of the 'XXX' registered trademark, copyright infringement on the product's artistic label/trade dress, and passing off. However, before the court could rule on the merits of the case, the plaintiff chose to withdraw the suit.
patent dismissed · Jul 8, 2019

Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh

Madras High Court · C.S.No.716 of 2018

Bharathi Consumer Care Products Pvt. Ltd. filed a suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The plaintiff claimed that the defendant was infringing upon their registered trademark (XXX label) through manufacturing and distribution of similar goods, as well as committing copyright infringement regarding the artistic work on the packaging. Furthermore, the suit included claims of passing off based on trade dress similarity.
patent mixed · Jul 8, 2019

Mylan Laboratories Limited v.Union Of India & Ors

Delhi High Court · W.P.(C) 5571/2019

Mylan Laboratories Limited challenged an order that granted a patent for 'Methods of Evaluating Peptide Mixtures' after dismissing their pre-grant opposition. The petitioner sought urgent relief as the Intellectual Property Appellate Board (IPAB) was non-functional due to long-standing vacancies in its Technical Member positions, leading to a logjam of appeals. The Delhi High Court addressed this systemic issue by invoking the doctrine of necessity, ruling that IPAB can continue hearing urgent matters related to Patents, Trademarks, and Copyrights even with vacant technical posts.
patent plaintiff favorable · Jul 1, 2019

Pioneer Overseas Corporation v.Chairperson, Protection Of Plant Varieties and Farmers Rights and Ors.

Delhi High Court · W.P.(C) 6470/2013 & W.P.(C) 6208/2014

Pioneer Overseas Corporation challenged decisions made by the Protection of Plant Varieties and Farmers' Rights Authority regarding the registration of Kaveri Seeds Limited's maize variety KMH50. Pioneer claimed that KMH50 was identical to its own variety, 30V92, and alleged misappropriation of germplasm. The court set aside several impugned orders and restored Pioneer's application for a DNA profiling test.
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