Patent Cases

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

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

Page 133 of 433

patent The Court granted an interim injunction restraining Patanjali from using the 'Kesh Kanti' trademark or any similar design for ten weeks or until further order. · Mar 18, 2016

emami limited v.patanjali ayurved limited

Calcutta High Court · G.A. 818 OF 2016 with C.S. 80 OF 2016

Emami Limited sued Patanjali Ayurved Limited for infringement of its registered trademark 'Kesh King' and design of a bottle, alleging that Patanjali’s ‘Kesh Kanti’ was deceptively similar and copied the bottle design, creating confusion among consumers. The Petitioner claimed significant turnover (Rs. 305.44 Crores) after acquiring rights to both the trademark and design.
patent dismissed · Mar 9, 2016

Desai Haribhai Jeshangbhai v.Ministry Of Power - Govt Of India

Gujarat High Court · C/WPPIL/25/2016

The petitioner, who is a retired Assistant Agriculture Engineer and holds a degree in Mechanical Engineering, filed a Public Interest Litigation seeking assistance with his pending patent application related to electrical power production engineering. The Central Electricity Authority requested details of a working model for the innovation. The court dismissed the petition, stating that the petitioner must take further steps to submit a prototype/working model.
patent settled · Feb 26, 2016

Noraris AG v.Bafna Pharmaceuticals Ltd.

Madras High Court · C.S.No.884 of 2015 & O.A.No.1179 of 2015

Noraris AG filed a suit alleging infringement of its patent (No. 212815) concerning Vildagliptin API and formulations against Bafna Pharmaceuticals Ltd. The plaintiffs initially prayed for a permanent injunction, rendition of accounts, and delivery up of stock.
patent dismissed · Feb 16, 2016

Research Foundation, Sci., Tech. & Eco. & Anr. v.Union of India & Ors.

Supreme Court - Daily Orders · WRIT PETITION (CIVIL)NO. 64 OF 2004

The petitioners filed a writ petition seeking directions to the Union of India to challenge patents related to wheat in international forums, citing concerns over biodiversity protection and biopiracy. The court noted that the specific patent challenged had since been revoked by the European Patent Office.
patent pending · Jan 27, 2016

Cipla Limited v.F. Hoffman La Roche Limited

Supreme Court - Daily Orders · 1677-1678/2016

Cipla Limited appealed against a final judgment passed by the Delhi High Court. The Supreme Court heard the matter and directed that the case be fixed for final disposal on March 16, 2016. The court also clarified that while existing interim proceedings would continue, no final orders could be passed without its leave.
patent plaintiff favorable · Dec 17, 2015

Sh. P.C. Roy and Smt. Samita Roy v.The Secretary, Ministry of Defence, Government of India; The General Manager, Ordnance Factory, Ministry of Defence, Government of India; M/s S & S Chemical Works

Delhi District Court · Suit No. 635/14 (Old Suit No. 945/99)

The plaintiffs, who developed a Thermo Reactive Plastic foam Resin based on phenol formaldehyde compositions, sued the Ministry of Defence and M/s S & S Chemical Works for violating their trade secrets. The plaintiffs alleged that the defendants leaked this confidential information to defendant no. 3, allowing it to manufacture similar goods. The court found that the plaintiffs successfully proved the leakage of trade secrets but failed to prove the issue regarding rendition of accounts.
patent dismissed · Dec 16, 2015

Ctr Manufacturing Industries Ltd. v.Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. and Ors.

Supreme Court - Daily Orders · Civil Appeal No(s). /2015 (Arising out of Special Leave Petition(C) No(s).34749-34751/2015)

Ctr Manufacturing Industries Ltd. filed a suit for injunction alleging that Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. was infringing its patent. The Supreme Court reviewed the matter, noting that while the Single Judge found infringement, the Division Bench had stayed the order due to pending objections under Section 25(2) of the Patents Act. The Supreme Court disposed of the appeals by directing parties to continue being governed by an earlier court order.
patent plaintiff favorable · Dec 16, 2015

Shogun Organics Ltd v.Gaur Hari Guchhait & Ors

Delhi High Court · CS(OS) No.3882/2014

Shogun Organics Ltd filed a suit seeking permanent injunction against the infringement of its patent No. 236630, which covers the product D-TRANS ALLETHRIN. The plaintiff sought to amend the plaint to enhance the valuation of the suit due to market evidence showing widespread infringement by the defendants. Given that the defendants had challenged the validity and filed a revocation counter-claim, the court allowed the amendment, thereby enabling the continuation of the litigation.
patent plaintiff favorable · Dec 15, 2015

Shogun Organics Ltd v.Bharat Rasayan Ltd & Anr.

Delhi High Court · CS(OS) No.616/2015

Shogun Organics Ltd filed a suit against Bharat Rasayan Ltd alleging infringement of Patent No. 225306 concerning the product TRANSFLUTHRIN. The plaintiff sought to amend the plaint, primarily to enhance the valuation for court fee and jurisdiction, citing market evidence of widespread infringement by the defendants. Given that the defendants had already challenged the patent's validity through a revocation counter-claim, the Delhi High Court allowed the amendment, thereby enabling the suit to proceed with enhanced claims.
patent mixed · Dec 3, 2015

Vifor (International) Limited v.The High Court Of Delhi

Delhi High Court · W.P.(C) 11035/2015 & W.P.(C) 11043/2015

This writ petition challenged the mandatory transfer of commercial disputes related to five key statutes—Patents, Trademarks, Designs, Copyright, and Geographical Indications—to the Commercial Division of the High Court. The petitioners argued that suits under these specific IP Acts should remain in their original forum, even if the value is below Rs. 1 crore. The court provided an interim order, holding that these cases shall not be transferred, while also directing Single Judges to consider amendment applications as per law.
patent In favor of Defendant · Nov 27, 2015

Bayer Intellectual Property Gmbh v.Mr Abhijeet And Anr

Delhi High Court · CS(OS) 3395/2015

The case involves a dispute regarding the commercial launch of the product 'RIVAROXABAN' which is subject to the patent IN 211300 held by the plaintiffs. The defendants stated they are not proposing to launch the product during the patent's lifetime.
patent mixed · Nov 27, 2015

F.Hoffmann-La Roche Ltd. v.Cipla Ltd.

Delhi High Court · RFA(OS) 92/2012 & RFA(OS) 103/2012

This Delhi High Court judgment addressed a complex patent dispute between F.Hoffmann-La Roche Ltd. and Cipla Ltd. concerning Erlotinib Hydrochloride, a life-saving cancer drug. The court examined challenges to the validity of Roche's Indian Patent IN '774, particularly regarding inventive step over prior art (EP '226). While the court found that Cipla had raised credible doubts about the patent's validity, it ultimately restored Roche's suit for injunction but denied the immediate grant due to the approaching expiry date of the patent. Consequently, Cipla was directed to render accounts of its sales.
patent mixed · Nov 27, 2015

Novartis Ag v.Cipla Ltd

Delhi High Court · CS (OS) No.3812/2014

This Delhi High Court judgment addressed the jurisdictional scope of an ongoing patent infringement suit (CS No.3812/2014) between Novartis Ag and Cipla Ltd. The core issue was whether the case, despite its low pecuniary valuation, should be transferred to a subordinate District Court under the Commercial Courts Ordinance, 2015. The court ruled that because the defendant had filed a counterclaim challenging the patent's validity, the matter must remain before the High Court's Commercial Division, irrespective of the suit's value.
patent interim order · Nov 17, 2015

Bristol-Myers Squibb Company & Ors v.Dr.Bps Reddy & Ors

Delhi High Court · CS(OS) 2680/2008

The plaintiffs filed a suit for permanent injunction against defendants regarding infringement of Patent No. 203937 concerning DASATINIB API. The court addressed three applications: one to implead Hetero Labs Ltd., one to delete Dr. BPS Reddy, and one to implead Bristol-Myers Squibb Holdings Ireland as the assignee. All three applications were allowed.
patent mixed · Nov 4, 2015

Midas Hygiene Industries Pvt. Ltd. v.Sudhir Bhatia

Delhi High Court · RFA 239/2011, RFA 240/2011, RFA 241/2011

Midas Hygiene Industries challenged the Copyright Board's order that cancelled its copyright registrations for packaging material used on insecticide chalks. The core dispute revolved around whether the artistic work, when applied to a product, qualified as a 'design' under the Designs Act, thereby triggering the automatic cessation of copyright under Section 15(2) of the Copyright Act. Midas argued that the label was merely an artistic work and not a design in the statutory sense. The Delhi High Court set aside the Board's finding regarding Section 15(2), but remanded the matter for fresh consideration on issues of originality, locus standi, and limitation.
patent pending · Oct 23, 2015

Ctr Manufacturing Industries Ltd v.Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.

Bombay High Court · NMS-497-14

CTR Manufacturing Industries Ltd filed an action alleging that Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.'s SERGI 3000 infringes upon CTR's Indian Patent No. 202302, which covers explosion and fire detection technology for electrical transformers. Sergi denies infringement, claiming its product uses different technology, and also challenges the validity of CTR's patent based on prior art.
patent allowed · Oct 8, 2015

Sergi Transformer Explosion Prevention Technologies Private Limited v.Ctr Manufacturing Industries Limited

Delhi High Court · FAO(OS) 220/2015 & FAO(OS) 323/2014

The suit was filed by Sergi Transformer Explosion Prevention Technologies Private Limited against Ctr Manufacturing Industries Limited seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention. The defendant challenged the plaintiff's standing, arguing that their exclusive license agreement was unregistered and therefore invalid under Section 109 of the Patents Act, 1970.
patent plaintiff favorable · Oct 7, 2015

Jasper Motors Private Limited v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.

Calcutta High Court · CS No.388 of 2014

The plaintiff, Jasper Motors Private Limited, filed a suit regarding matters arising under the Patents and Design Act. The court initially faced issues regarding the admission of the plaint and whether proper leave had been obtained under Clause 12 of the Letters Patent. The court ultimately granted the necessary leave and admitted the plaint.
patent plaintiff favorable · Oct 7, 2015

Merck Sharp & Dohme Corporation v.Glenmark Pharmaceuticals Ltd.

Delhi High Court · CS(OS) 586/2013

Merck Sharp & Dohme Corporation filed a suit against Glenmark Pharmaceuticals Ltd., alleging infringement of its Indian Patent No. 209816, which covers Sitagliptin, a key drug for Type II diabetes. The plaintiffs sought a permanent injunction to prevent the defendant from manufacturing and selling generic versions like Sitagliptin Phosphate Monohydrate under brands such as ZITA. The court found that the defendant's actions constituted infringement of the plaintiff's patent rights.
patent mixed · Sep 29, 2015

Virbac Animal Health India Pvt Ltd v.Dahyabhai L Patel

Gujarat High Court · C/FA/1980/2015

Virbac Animal Health India Pvt Ltd appealed a lower court's decision to reject its plaint. The original suit alleged infringement of copyright and passing off of a trademark. The trial judge had rejected the suit based on Section 15(2) of the Copyright Act, 1957, citing that the product was manufactured more than fifty times. Virbac argued that this limitation should not apply as their claim also involved trademark passing off, which is excluded from certain definitions in other IP statutes.
patent interim order · Sep 28, 2015

Hindustan Unilever Limited v.Messrs Marvellous & Anr.

Calcutta High Court · GA No.3119 of 2015 with CS No.245 of 2015

The petitioner, Hindustan Unilever Limited, filed an action alleging infringement of its patent (No. 265864) covering a biocide cartridge used in a gravity-fed water purification device. The court found that the respondent company was dishonestly using the patented cartridge device and granted an order restraining such use.
patent defendant favorable · Sep 10, 2015

M/s Kay Cee Exports v.Nentex Woollens

Punjab-Haryana High Court · Civil Revision No.5851 of 2014 (O&M)

The petitioner filed a civil revision challenging an order that dismissed the defendant's application for rejection of the plaint. The defendant argued that the court lacked jurisdiction as the suit was barred under the Copyright Act, Design Act, and Patents Act. The High Court found no relief under these Acts was explicitly claimed in the plaint, thus upholding the lower court's orders.
patent interim order · Sep 2, 2015

Telefonaktiebolaget Lm Ericsson v.M/S Best It World (India) Private Limited (iBall)

Delhi High Court · CS (OS) 2501/2015

Ericsson filed a suit seeking permanent injunction against iBall for infringing its patents related to AMR, 3G, and EDGE technologies. The court considered arguments regarding the execution of a FRAND agreement and the alleged infringement of Standard Essential Patents.
patent plaintiff favorable · Sep 2, 2015

Ashiana Housing Ltd. v.M/S Total Property Solutions

Delhi High Court · CS (OS) 4060/2014

The Delhi High Court ruled in favor of Ashiana Housing Ltd., granting a permanent injunction against M/S Total Property Solutions for infringing its trademarks and copyrights. The court found that the defendant's use of deceptively similar marks and replication of proprietary content on their website caused confusion among the public. Furthermore, given the defendant's ex-parte conduct and deliberate infringement, the court awarded punitive damages of Rs. 3 lac and costs to the plaintiff.
patent defendant favorable · Sep 1, 2015

Dr. Ambujaksha Mahanti v.Williamson Magor & Co. Ltd.

Calcutta High Court · GA 1190/2015; CS 114/2013

The petitioner filed an application seeking revocation of leave under clause 12 of the letters patent. The court found that the cause of action related to damages caused to a vehicle, which occurred outside the court's jurisdiction in Kolkata. Consequently, the leave was revoked.
patent plaintiff favorable · Aug 26, 2015

Matrix Laboratories Ltd. v.Income Tax

Income Tax Appellate Tribunal - Hyderabad · I.T.A. No. 191/HYD/2009

The assessee, Matrix Laboratories Ltd., appealed against the Assessing Officer's order regarding various deductions. A key issue was whether patent infringement income received from Les Laboratories Servier related to 'Perindopril' could be included in export turnover for Section 10B deduction. The Tribunal also addressed the disallowance of superannuation contributions.
patent remanded · Aug 12, 2015

Bayer Corporation v.Union Of India And Others

Delhi High Court · LPA 804/2014 & C.M.No.21003 /2014 (stay)

Bayer Corporation appealed an order allowing Nacto Pharma Ltd. (NPL), a compulsory licensee, to export its product 'Sorafenat' outside India for clinical trials. Bayer alleged this violated the terms of the compulsory license granted under Section 84 of the Patents Act, 1970. The court directed that instead of deciding the appeal on merits, the underlying writ petition be disposed of expeditiously by impleading relevant regulatory authorities.
patent dismissed · Aug 4, 2015

Acme Tele Power Limited v.Intelux Electronics Private Limited

Uttarakhand High Court · Original Suit No. 1 of 2009

Acme Tele Power Limited filed a suit for permanent injunction and damages against Intelux Electronics Pvt. Ltd. regarding alleged infringement of IP rights. The matter was transferred to the High Court due to a counter-claim for patent revocation under Section 104 of the Patents Act, 1970. Both parties subsequently agreed to withdraw all pending suits and the court dismissed the original suit and counter-claim as withdrawn.
patent plaintiff favorable · Jul 31, 2015

Novartis AG v.Nutra Specialities Pvt. Limited

Madras High Court · C.S.No.329 of 2015 & O.A.No.435 of 2015

Novartis AG filed a suit alleging that Nutra Specialities Pvt. Limited was infringing its Indian Patent No. 212815 related to Vildagliptin API and formulations. The dispute was resolved after the defendant submitted an affidavit undertaking to cease all infringing activities, leading the court to decree the suit in favor of the plaintiff.
patent defendant favorable · Jul 30, 2015

Shilpa Medicare Limited v.Bristol-Myers Squibb Company And Ors.

Delhi High Court · FAO (OS) 96/2014

This appeal involved Shilpa Medicare Limited challenging the rejection of its application to dismiss a patent infringement suit filed by Bristol-Myers Squibb Company. The core dispute centered on whether the court had territorial jurisdiction, given that Shilpa's manufacturing unit was located outside Delhi. Bristol-Myers argued that the threat of infringing products being sold or offered for sale in Delhi, through generic partners like Natco, established sufficient cause of action within the court's jurisdiction. The High Court upheld the original order, finding no infirmity with the jurisdictional ruling.
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