Patent Cases

12,714 decisions across India · European UPC · US PTAB

India 4,909 European UPC 2,185 US PTAB 5,620

Page 328 of 424

patent dismissed · Nov 30, 2023

Manipal Holdings Private Limited v.Manipal Academy Of Higher Education Deemed University, Registrar of Trade Marks, MEMG International India Private Limited, Manipal Global Education Services Pvt. Ltd.

The Madras High Court dismissed a series of Trade Mark Rectification petitions filed by Manipal Holdings Private Limited against various entities. The court noted that the contesting parties had reached an amicable settlement and executed a compromise decree on November 4, 2023. Consequently, the petitioner requested that all rectification petitions be closed as withdrawn in line with the terms of the settlement.

patent mixed · Nov 30, 2023

Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Money Lenders And Exchange Pvt. Ltd. and Anr.

Delhi High Court - Orders · 193077896

The Delhi High Court addressed petitions filed by Heineken Asia Pacific Pte. Ltd. seeking cancellation of 'TIGER' device logos registered by Shree Sakshat Money Lenders. The court noted the near identity between the marks and directed that status quo be maintained concerning the registrations. This interim order prevents any transfer, license, or assignment of the disputed trademarks while the matter proceeds.

patent mixed · Nov 30, 2023

Himalayan Heli Services Private Limited v.Himachal Helicopter Skiing Pty Ltd

Delhi High Court · 27665656

The Delhi High Court addressed a complex dispute involving the cancellation of a trademark registration (No. 1523434) held by Himachal Helicopter Skiing Pty Ltd, which was sought by Himalayan Heli Services Private Limited. Given the extensive overlap between the ongoing cancellation petition and an older passing-off suit, the court directed that both cases be consolidated for trial. This strategic move aims to streamline the litigation process, ensuring a unified determination of who holds the rightful rights in the 'Himalayan Heli Services' mark.

patent plaintiff favorable · Nov 29, 2023

Kuraray Co. Ltd v.The Assistant Controller of Patents & Designs, The Patent Office

Madras High Court · 114716673

Kuraray Co. Ltd appealed the rejection of its patent application concerning a process involving PVA film for plant cultivation. The rejection was based on lack of inventive step. The High Court set aside the impugned order, finding that the specific properties (birefringence and swelling degree) of the PVA film provided unexpected excellent results.

patent plaintiff favorable · Nov 29, 2023

Yashoda Hospital And Research Center Limited v.Yashoda Super Specialty Hospital And Anr

Delhi High Court · 187117897

The Delhi High Court allowed a review petition filed by Yashoda Hospital And Research Center Limited against an order from the Intellectual Property Appellate Board (IPAB). The IPAB had previously allowed a rectification petition, effectively invalidating the petitioner's registered trademark. The court found that the original order violated the principles of natural justice because service of notice was not properly effected on the petitioner. Consequently, the High Court quashed the impugned order and directed that the rectification petition be heard afresh before the Intellectual Property Division (IPD) of the Court.

patent mixed · Nov 29, 2023

Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Infrastructure Pvt. Ltd.

Delhi High Court - Orders · 77480858

Heineken Asia Pacific filed cancellation petitions against trademarks registered by Shree Sakshat Infrastructure, alleging that the Respondent is a squatter who has registered an identical device mark. The Delhi High Court acknowledged the near identity between the marks in dispute. Consequently, the court directed that status quo be maintained concerning the registration and prohibited any transfer or assignment of the disputed trademark until further proceedings.

patent plaintiff favorable · Nov 29, 2023

Burger King Company Llc v.Ranjan Gupta & Ors.

Delhi High Court · 118021193

The Delhi High Court affirmed the strong standing of Burger King Company LLC, declaring its trademark 'BURGER KING' to be well-known in India. The court relied on extensive global usage, massive promotional investment, and local market presence (over 400 outlets) to establish secondary meaning. This ruling significantly strengthens the brand's protection against unauthorized use by defendants operating under similar names like 'Burger King Family Restaurant'.

patent defendant favorable · Nov 29, 2023

Sunstar Overseas Ltd. v.Hello Minerals Waters Pvt. Ltd.

Delhi High Court - Orders · 194753176

The Delhi High Court dismissed a petition filed by Sunstar Overseas Ltd. seeking rectification of the trademark 'HELLO' (No. 666671). The court noted that despite repeated attempts to serve notice and ensure appearance, neither the petitioner nor the respondent appeared in court. Consequently, the petition was dismissed for non-prosecution.

patent plaintiff favorable · Nov 29, 2023

India International Technical Institute v.Terala Educational Society

Madras High Court · 179949779

The Madras High Court disposed of an Original Petition filed by India International Technical Institute seeking the cancellation of a registered trademark, 'SANSKRITI,' held by Terala Educational Society. The court noted that the mark's last registration was valid only up to March 23, 2020, and its renewal had long expired. Consequently, the Court directed the Registrar of Trade Marks to cancel the certificate and remove the entry from the Register within one month.

patent plaintiff favorable · Nov 29, 2023

Burger King Company Llc v.Virendra Kumar Gupta & Anr.

Delhi High Court · 162288407

The Delhi High Court affirmed the strong protection afforded to the 'BURGER KING' trademark, declaring it a well-known mark under the Trade Marks Act. The court relied on Burger King's extensive global presence, long history (since 1954), massive promotional spending, and established secondary meaning in India. This judgment reinforces that globally recognized brands can secure enhanced legal protection against unauthorized use by local operators.

patent No outcome · Nov 28, 2023

S3G Technology Llc v.Sourcetrace Systems India Private

Delhi High Court - Orders · 35685625

The Plaintiff filed a suit seeking a permanent injunction against the Defendants for infringing Indian Patent No. 328489. The parties later entered into a settlement agreement, leading to the dismissal of the suit.

patent plaintiff favorable · Nov 28, 2023

SELFDOT TECHNOLOGIES (OPC) PVT. LTD. v.Controller General of Patents, Designs & Trade Marks

Madras High Court · 16067849

The appeal challenged an order rejecting a patent application (No. 201843023004) on the ground that the applicant contravened Section 39 of the Patents Act, leading to deemed abandonment under Section 40. The appellant argued that since the parent invention was first filed in India and the breach was technical, not substantive, the rejection should be overturned.

patent remanded · Nov 28, 2023

Lipotec, S.A. v.Deputy Controller of Patents and Designs, Government of India

Madras High Court · 172651880

Lipotec appealed the rejection of its patent application (No. 7314/CHENP/2009) for 'Regulatory Compounds For Pigmentation'. The rejection was based on Section 3(d) and lack of inventive step, citing prior art. The High Court set aside the impugned order, finding that the Controller disregarded experimental data and detailed submissions.

patent remanded · Nov 28, 2023

Bcs S.P.A. v.The Controller of Patents and Designs, Government of India

Madras High Court · 111055711

Bcs S.P.A. appealed the Controller's decision rejecting its patent application for an 'Agricultural Driving Mechanism and Related Tool'. The appellant argued that the rejection order was unreasoned, merely reproducing extracts from prior art without proper analysis. The High Court agreed, finding the order bereft of reasoning, and set it aside.

patent plaintiff favorable · Nov 28, 2023

GOTO Technologies USA, Inc. v.Sanikommu Venkata Ramalinga Reddy

Madras High Court · 68427784

The Madras High Court ruled in favor of GOTO Technologies USA, Inc., allowing petitions to cancel several trademark registrations held by Sanikommu Venkata Ramalinga Reddy. The court found that the respondent had adopted the prominent 'GOTO' part of the petitioner’s established mark without justification. By demonstrating its long history and market presence, the petitioner successfully countered arguments regarding delay or lack of prior registration.

patent · Nov 27, 2023

Panasonic Holdings Corporation v.Xiaomi Inc. et al.

Munich (DE) Local Division · UPC-001675

Panasonic Holdings Corporation filed a patent infringement action against ten Xiaomi-related defendants concerning European Patent EP 3 024 163. The present order addressed Panasonic's application for document production against itself, accompanied by a request for confidentiality protection. The court issued a final consolidated confidentiality order, accepting most of the defendants' requested modifications to the provisional order, including clarifying the scope of legal representatives, expanding access to three named reliable persons, removing the return/destruction obligation, and setting a penalty of up to 100,000 EUR per culpable violation.

patent defendant favorable · Nov 27, 2023

M/s. A. Murugan v.M/s. Union of India

Madras High Court · 73464172

M/s. A. Murugan filed an Appeal (Patents) challenging the order that granted Patent No. 267238, which was based on Application Number 126/CHENP/2008. The appeal sought to revoke the patent and dismiss the application. However, the court noted that the patent had not been renewed after July 7, 2021, rendering it non-forceful.

patent withdrawn · Nov 27, 2023

Black Berry Limited v.Assistant Controller of Patents & Designs

Madras High Court · 173870989

Black Berry Limited filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order passed by the Assistant Controller of Patents & Designs regarding Application No.6579/CHENP/2011. However, the appellant subsequently instructed its counsel to withdraw the appeal.

patent dismissed · Nov 27, 2023

Global Medikit Limited v.B.Braun Melsungen Ag

Madras High Court · 182391269

Global Medikit Limited filed a Transfer Original Petition (Patents) before the Madras High Court, seeking to rectify or revoke Indian Patent No. 210062. The court noted that the patent's term had already expired on August 18, 2018.

patent dismissed · Nov 27, 2023

Jaisica International v.The Registrar of Trade Marks; Crystal Cook-N-Serve Products Pvt. Ltd.

Madras High Court · 23988241

Jaisica International filed an appeal challenging the Registrar of Trade Marks' order of abandonment concerning its device mark 'KRYSTAL'. However, before the High Court could rule on the merits of the case, the appellant voluntarily chose to withdraw the appeal. Consequently, the court dismissed the matter as withdrawn without passing any substantive orders regarding costs.

patent plaintiff favorable · Nov 24, 2023

Nripendra Kashyap Esco Corporation v.Asstt. Controller Of Patents And Designs

Delhi High Court · 188109013

Nripendra Kashyap Esco Corporation appealed the Assistant Controller's order rejecting its divisional patent application (737/DELNP/2009) for a wear assembly. The rejection was based on lack of distinct invention and inventive step. The High Court quashed the rejection, holding that objections must be restricted to those provided in writing, and remanded the application for fresh consideration.

patent remanded · Nov 24, 2023

Saint-Gobain Abrasives, Inc. v.The Controller of Patents and Designs

Madras High Court · 61702360

Saint-Gobain Abrasives appealed a rejection order issued by The Controller of Patents and Designs concerning Patent Application No. 201941052276 for a NONWOVEN ARTICLE. The appellants argued that the rejection based on lack of disclosure, definitiveness, and obviousness was unsustainable. The High Court set aside the impugned order and remanded the application for re-consideration.

patent settled · Nov 24, 2023

Insecticides (India) Limited v.Anu Products Limited

Delhi High Court - Orders · 191242063

Insecticides (India) Limited filed a suit seeking permanent injunction against the infringement of its patent (IN 316801), which covers an insecticidal composition. The parties subsequently entered into a settlement agreement via mediation, leading to the court decreeing the suit based on the agreed terms.

patent plaintiff favorable · Nov 24, 2023

Lacoste S.A. v.Sheetal Fabrics

Delhi District Court · 145316490

Lacoste S.A. filed a suit against Sheetal Fabrics alleging infringement of its trademark LACOSTE, passing off, and violation of copyrights in relation to garments and accessories. The court found that the defendant adopted and used trademarks deceptively similar to Lacoste's, causing loss to the plaintiff's reputation.

patent mixed · Nov 24, 2023

Himalaya Wellness Company & Ors. v.Prk Productions Llp

Delhi High Court - Orders · 45996165

Himalaya Wellness Company filed a suit alleging trademark infringement against Prk Productions LLP over the use of 'VIMALAYA' in their film 'Aachar & Co.' The Plaintiffs argued that this usage distorted their established brands like 'HIMALAYA', 'Liv.52', etc., causing consumer confusion. Despite initial denials by the Defendant, the Court found strong evidence supporting the similarity and registered trademarks of the Plaintiff. Consequently, the suit was formally registered, and summons were issued to compel the Defendant to appear and defend the allegations.

patent plaintiff favorable · Nov 24, 2023

Anjay Bansal v.Assistant Registrar of Trade Marks

Madras High Court · 39720486

The Madras High Court overturned the rejection of a device mark registration applied for by Anjay Bansal. The initial refusal was based on the mark being non-distinctive or merely descriptive. However, the court found that the appellant successfully demonstrated long-standing use since 2005 through submitted invoices and annual reports. Citing the proviso to Section 9(1) of the Trade Marks Act, the High Court ruled that the mark had acquired distinctiveness through use, allowing it to proceed to advertisement.

patent settled · Nov 23, 2023

Natco Pharma Limited v.Bristol Myers Squibb Company And Anr

Delhi High Court - Orders · 85253140

The matter involved Natco Pharma Limited and Bristol Myers Squibb Company regarding Indian Patent No. IN 247381, which covers Factor Xa Inhibitors used in the pharmaceutical preparation APIXABAN. The parties amicably settled their disputes via an agreement dated August 8, 2023.

patent mixed · Nov 23, 2023

Sun Pharma Laboratories Limited v.Hetero Healthcare Limited And Anr

Delhi High Court - Orders · 198029837

In a complex trademark dispute, Sun Pharma sought permanent injunction against Hetero Healthcare regarding the alleged infringement of its mark 'LETROZ' by 'LETERO'. The court allowed the Defendants to challenge the validity of Sun Pharma's marks through a rectification petition under Section 57. Crucially, the court clarified that while invalidity can be challenged, the primary suit for passing off will proceed independently, leading to framing of multiple issues covering both infringement and validity.

patent · Nov 22, 2023

myStromer AG v.Revolt Zycling AG, George Merachtsakis

Düsseldorf (DE) Local Division · UPC-001676

In this legal proceeding before Düsseldorf (DE) Local Division (decision issued on 2023-11-22) under reference UPC-001676, myStromer AG appeared in dispute with Revolt Zycling AG, George Merachtsakis concerning patent rights and legal remedies.

patent mixed · Nov 22, 2023

M/S Malhotra Book Depot v.M/S Mbd Industries And Anr.

Delhi High Court · 168170507

Malhotra Book Depot filed a suit against Mbd Industries, alleging trademark infringement and passing off due to the Defendant's use of the deceptively similar mark 'MBD' for non-metallic building materials. The Plaintiff held multiple registrations for 'MBD' across various classes related to publishing. During mediation, the parties agreed that the Defendants would change their mark to 'JMVD'. Consequently, the court disposed of all pending interim injunction applications, allowing the Defendants to continue operating under the new mark.

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