Patent Cases

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

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

Page 375 of 424

patent defendant favorable · Sep 16, 2021

M/S Gulab Oil And Food (Ahmedabad) Pvt. Ltd. v.Smt. Madhu Gupta

The Delhi High Court dismissed the appeal filed by M/S Gulab Oil And Food, upholding the District Judge's interim order that prohibited the appellant from trading and selling 'Gulab' Namkeen products. The court found a prima facie case for confusion between the marks, noting that consumers identify the plaintiff's products solely by asking for 'Gulab.' Furthermore, it held that since namkeen is an allied product to the registered goods (Gajak/Rewari), Section 29 of the Trade Marks Act was attracted, thus justifying the interim protection.

patent No outcome · Sep 15, 2021

Pfizer Inc v.Triveni Interchem Private Limited

Delhi High Court - Orders · 51776329

The plaintiff alleges infringement of its Indian Patent No. 218291 related to Palbociclib, marketed under the brand name 'Palbace'. The court found a prima facie case of infringement but noted the timeline of alleged infringement was unclear.

patent interim order · Sep 15, 2021

Sotefin Sa v.Indraprastha Cancer Society And Research Center & Ors.

Delhi High Court - Orders · 188449627

Sotefin Sa filed a suit for patent infringement against Indraprastha Cancer Society and others, alleging that the 'smart dollies' installed by Defendant No. 4 infringed Plaintiff's Patent No. 4214088. Both parties agreed to the appointment of a Scientific Advisor from IIT Delhi to conduct an expert examination and report on whether the Defendants' product falls within the scope of the patent claims.

patent mixed · Sep 15, 2021

Wako India Kickboxing Federation v.Wako India Kickboxing Federation & Anr.

Delhi High Court - Orders · 97785716

The Delhi High Court allowed the plaintiff's application seeking exemption from certain procedural requirements, while simultaneously registering the main plaint as a formal civil suit. The suit was filed under Section 57(2) of the Trade Marks Act, 1999, seeking the removal and rectification of specific trademarks registered in the defendant's name. The court issued detailed directions for serving summons and ensuring timely filing of written statements and rejoinders by both parties.

patent interim order · Sep 13, 2021

Chugai Seiyaku Kabushiki Kaisha & Anr v.Natco Pharma Limited

Delhi High Court - Orders · 79673818

Chugai Seiyaku Kabushiki Kaisha filed a suit seeking an ad interim injunction against Natco Pharma Limited, alleging infringement of Indian Patent No. IN 294424 concerning Alectinib. The court allowed the application subject to exceptions and noted that while the defendant could use the drug for research under Section 107A, any commercial launch would require prior permission from the court.

patent settled · Sep 13, 2021

Dfm Foods Ltd v.Ishvi Food Private Limited & Anr.

Delhi High Court - Orders · 190159390

The Delhi High Court formally decreed a trademark infringement suit between Dfm Foods Ltd and Ishvi Food Private Limited after the parties reached an amicable settlement. The settlement agreement confirmed that the defendant violated the plaintiff's 'CURLS' trademark rights by passing off their corn-based snacks as originating from Dfm Foods. In exchange for the defendants agreeing to cease all infringing activities, destroy existing goods, and acknowledge the plaintiff's ownership, the plaintiff waived claims for damages and costs.

patent mixed · Sep 7, 2021

Sap Se v.Sanjay Kumar Goel & Anr.

Delhi High Court - Orders · 154392769

In a trademark dispute concerning the names 'SAP' and 'SAPPY', the Delhi High Court took two key actions. First, it confirmed an existing interim injunction after the defendants withdrew their trademark applications, thereby protecting the plaintiff's interests temporarily. Second, recognizing the parties' willingness to resolve the conflict amicably, the court directed both sides to participate in mediation, signaling a move towards settlement for the ongoing commercial suit.

patent dismissed · Sep 6, 2021

L.G. Varadarajulu v.Minit Engineers (I) Pvt. Ltd.

Madras High Court · 101386462

The plaintiffs filed a suit seeking perpetual injunctions against the defendant for infringing various IP rights, including Patent No. 179607 (related to table top wet grinders), Designs Nos. 163445/163446, and copyright in an injunction manual. However, the plaintiffs subsequently withdrew the suit.

patent pending · Sep 3, 2021

Huntington Alloys Corporation v.Union Of India And 3 Ors

Bombay High Court · 74313424

The petitioner challenged the rejection orders passed by respondent nos. 3 and 4 regarding its patent application for "Ultra Supercritical Boiler Header Alloy and Method of Preparation". The petitioner argued that these orders were passed without hearing them, making the 'prima facie' satisfaction perverse. The court directed both parties to file their respective replies and rejoinders.

patent interim order · Sep 2, 2021

Chugai Seiyaki Kabushiki Kaisha v.MSN Laboratories Private Limited

Delhi High Court - Orders · 169279328

The plaintiffs filed a suit seeking an ad interim injunction against MSN Laboratories Private Limited for infringing Indian Patent No. IN 294424, which covers Alectinib or its derivatives. The court allowed the application subject to exceptions, permitting the defendant to use the drug for research purposes under Section 107A of the Patents Act, but prohibiting commercial launch without prior court permission.

patent mixed · Sep 2, 2021

Dimple Madhulal Bhatia v.Union Of India & Anr.

Delhi High Court - Orders · 181493527

The Delhi High Court addressed a writ petition filed by Dimple Madhulal Bhatia against the Union of India regarding delays in processing trademark applications. The petitioner sought an urgent direction for the Registrar of Trademarks to schedule hearings and expedite the examination of her pending trademarks. While the respondent argued that matters were being processed according to seniority, the court intervened, directing the concerned authority to deal with the petitioner's applications preferably within four months.

patent plaintiff favorable · Sep 2, 2021

Shree Ghantakaran Pipes Pvt Ltd & Anr. v.Pawan Kumar

Delhi High Court - Orders · 112922872

The Delhi High Court decreed a trademark infringement suit filed by Shree Ghantakaran Pipes Pvt Ltd against Pawan Kumar. The dispute centered on the registered trademark 'MONICA GOLD'. Following successful mediation, the parties executed a settlement agreement which the court upheld. Under the terms, the defendant committed to cease all use of the protected mark and any deceptively similar marks, effectively resolving the litigation in favor of the plaintiffs.

patent interim order · Sep 1, 2021

Sun Pharmaceuticals Industries Ltd v.Union Of India & Ors.

Delhi High Court - Orders · 104897492

Sun Pharmaceuticals Industries Ltd filed a writ petition seeking directions for the expeditious disposal of opposition proceedings against Patent No. 257402, which was granted to Novo Nordisk A/S. The court addressed the procedural delay and directed the respondents to furnish the Opposition Board's recommendations within one week, subsequently rescheduling the hearing.

patent dismissed · Sep 1, 2021

Novo Nordisk A/S v.Union Of India & Ors.

Delhi High Court - Orders · 173544413

Novo Nordisk A/S filed a petition seeking a writ of mandamus to compel Respondent Authorities (No. 1 through No. 3) to decide on its request for the cross-examination of witnesses in a pending post-grant opposition against Patent No. IN 257402. The court, after considering arguments from both sides, directed that Respondent No. 2 fix the date for the cross-examination and complete it expeditiously.

patent interim order · Aug 27, 2021

Uday Prakash v.Anand Pandit And Another

Allahabad High Court · 61202744

Uday Prakash appealed against the rejection of his application for a temporary injunction in a suit claiming infringement of his registered copyright ('Highway-39') by defendants who were producing a feature film titled 'Chehre'. The High Court found prima facie that there was no distinctive plagiarism, but directed the trial to be expedited and mandated an acknowledgment if the plaintiff succeeds.

patent mixed · Aug 27, 2021

Arun Kumar Murarka v.Rajesh Sultania & Anr

Delhi High Court - Orders · 12612795

The Delhi High Court addressed applications filed by Arun Kumar Murarka concerning the trademark dispute against Rajesh Sultania & Anr. The core issue involves a petition seeking rectification/cancellation of the 'KAILASA' trademark (Reg. No. 4701472) due to its alleged deceptive similarity to the petitioner's mark, 'KAILASHA'. While an exemption application was allowed, the court proceeded by issuing notice to the defendant and listing the matter for further hearing on October 12, 2021.

patent defendant favorable · Aug 26, 2021

M/s.Fast Products v.G.G.Aqua Industries

Madras High Court · 96628510

M/s.Fast Products filed a suit against G.G.Aqua Industries alleging infringement of its registered trademark 'AQUA FAST' and copyright violation concerning the associated trade dress and artistic label design. The plaintiff sought perpetual injunctions, destruction of infringing goods, and damages. However, on the date of judgment (26.08.2021), the plaintiff failed to appear before the court despite previous proceedings, leading the High Court to dismiss the suit for default.

patent plaintiff favorable · Aug 26, 2021

Kirloskar Aaf Limited v.M/S American Air Filters Company Inc; M/S. AAF - McQUAY INC.; M/S. MYSORE KIRLOSKAR LIMITED (IN LIQUIDATION)

Karnataka High Court · 92589688

The appeal challenged a judgment and decree that partly granted permanent injunction and damages against Kirloskar Aaf Limited for unauthorized use of the 'AAF' trademark. The High Court confirmed the injunction part of the original decree, finding that the appellant ceased to be a permitted user after the Termination Agreement. However, the court set aside the portion of the decree directing daily damages due to lack of evidence.

patent pending · Aug 26, 2021

Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd. & Ors.

Delhi High Court - Orders · 4362497

The appeal challenges a single judge's decision that invalidated the Appellant's patent (IN240893). The Appellant argues that the ground of Section 64(1)(h) was not pleaded or evidenced, while the Respondent seeks to uphold the revocation based on various sections of the Patents Act.

patent defendant favorable · Aug 24, 2021

Biswanath Hosiery Mills Limited & Anr v.Micky Metals Limited

Calcutta High Court · 52954005

The Calcutta High Court dismissed the plaintiffs' interim application seeking protection for their trademark 'LUX'. Despite presenting evidence of long-standing use, massive sales figures, and international presence, the court found insufficient grounds to grant relief at the interim stage. The judgment noted that the mark 'LUX' has been used by various entities and pointed to prior legal challenges regarding its registration, ultimately finding no compelling reason to favor the plaintiffs.

patent plaintiff favorable · Aug 23, 2021

Yonex Co., Ltd. v.Sumit Girdhar & Anr.

Delhi High Court - Orders · 40686012

The Delhi High Court granted an ex parte injunction in favor of Yonex Co., Ltd. against Sumit Girdhar and others regarding counterfeit goods. The court found that the plaintiffs had established a prima facie case showing that defendants were dealing in counterfeit badminton equipment using the protected YONEX mark. This interim order immediately restrained the defendants from selling or advertising any products bearing the YONEX mark or similar variations, pending further proceedings.

patent mixed · Aug 23, 2021

KAIRA DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD & ANR. v.REGISTRAR OF TRADEMARKS & ORS.

Delhi High Court - Orders · 176062468

The Delhi High Court issued several directions in this trademark dispute involving the 'AMUL' brand. The court allowed an application seeking to implead a specific applicant as a respondent, while simultaneously directing the Registrar of Trademarks to file an affidavit detailing the current status of advertisements related to the mark. This ongoing litigation focuses on clarifying the scope and validity of the registered trademark.

patent plaintiff favorable · Aug 17, 2021

Tusaj Lifestyle Private Limited v.Ms Yum Yum Chi

Delhi High Court - Orders · 28408643

Tusaj Lifestyle Private Limited successfully sought an ex parte injunction against Ms Yum Yum Chi in the Delhi High Court. The plaintiff, which operates restaurants under registered trademarks like 'Yum Yum Cha,' alleged that the defendant's use of 'Yum Yum Chi' was deceptively similar to its established brand. The court granted the interim relief, restraining the defendants from selling or advertising services under the disputed name pending further proceedings.

patent interim order · Aug 16, 2021

Bristol-Myers Squibb Ireland Unlimited Company v.Micro Labs Limited

Delhi High Court · 129524611

The plaintiffs filed a suit seeking permanent injunction against Micro Labs Limited for infringing their registered patent (No. 247381) related to Apixaban, an anticoagulant drug. The court considered the prior history of similar cases and granted an ex-parte ad- interim injunction restraining the defendant from manufacturing or selling generic Apixaban under any brand name, including 'APIVAS'.

patent mixed · Aug 16, 2021

Atotech Deutschland GmbH v.Grauer & Well (India) Limited

Bombay High Court · 136373336

The Bombay High Court addressed a commercial appeal filed by Atotech Deutschland GmbH seeking urgent interim relief in a trademark infringement suit concerning its 'TRICHROME' mark. The initial refusal of the injunction was based partly on procedural delays. However, the Appellate Bench clarified that under the statutory scheme of the Trade Marks Act, 1999, immediate protection for registered trademarks should be prioritized over minor delays. Consequently, the appeal was disposed of with directions allowing Atotech to request an early hearing and have its ad-interim relief application reconsidered on its merits.

patent plaintiff favorable · Aug 14, 2021

Honda Motor Co., Ltd v.Controller of Patents and Designs, Government of India

Madras High Court · 91164144

Honda Motor Co. appealed the refusal of its patent application (No. 380/CHE/2015) by the Controller of Patents and Designs on grounds of lack of inventive step and insufficient disclosure. The High Court found that the original order was flawed due to a deprivation of fair opportunity regarding sufficiency of disclosure, and lacked proper justification for concluding lack of inventive step.

patent In favor of Plaintiff · Aug 10, 2021

Novartis Ag v.Msn Laboratories Pvt Ltd

Delhi High Court - Orders · 99099299

The plaintiff, Novartis AG, seeks to restrain the defendant from manufacturing Pazopanib Hydrochloride, claiming it infringes their Indian patent. The defendant has obtained approval to manufacture the product, raising concerns of imminent patent infringement.

patent mixed · Aug 10, 2021

Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd.

Delhi High Court · 198575838

This litigation involves Communication Components Antenna Inc. challenging Mobi Antenna Technologies (Shenzhen) Co. Ltd.'s alleged infringement of Indian Patent No. IN240893, which relates to 'Asymmetrical Beams for Spectrum Efficiency' in wireless communication systems. The core dispute revolves around the validity of this patent, as raised by the defendant through a counterclaim. While the court analyzed grounds of revocation under Sections 64(d), (e), and (f) of the Patents Act, 1970, it ultimately decided to list the suit for further consideration, indicating that the matter remains unresolved.

patent dismissed · Aug 10, 2021

F.Hoffmann-La Roche Ltd. v.Matrix Laboratories Limited

Madras High Court · 184062981

F.Hoffmann-La Roche Ltd. filed a suit seeking permanent injunction against Matrix Laboratories Limited for infringing Indian Patent No.196774, which relates to a pharmaceutical or chemical compound product. The court ultimately disposed of the suit as no further orders were necessary due to the rejection of leave to institute the suit by the Division Bench.

patent interim order · Aug 9, 2021

Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp., Ltd.

Delhi High Court - Orders · 71985440

The petitioner (Nokia Technologies Oy) filed an application seeking temporary injunction and disclosure of assets against the respondent (Guangdong Oppo Mobile). The court, while addressing various interlocutory applications, granted a direction for the defendants to furnish specific disclosures regarding their sales and revenues related to the alleged infringing devices.

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