IP Cases — 2022
744 decisions across all jurisdictions
Page 11 of 25 · 744 total
FMC Corporation & Ors. v.GSP Crop Science Private Limited
FMC Corporation filed a suit seeking an injunction against GSP Crop Science Private Limited for allegedly infringing Indian Patent No. IN 252004, which covers a method for preparing intermediates used in manufacturing the insecticide CTPR. The Plaintiffs argued that the Defendant's process was identical to the patented method. However, the Court dismissed the interim injunction application, finding that the balance of convenience favored the Defendant and raising doubts about the patent's industrial applicability due to its age.
Dahon Technologies Ltd. v.The Controller Of Patents And Designs and Anr.
Dahon Technologies Ltd. appealed a rejection order issued by the Controller of Patents and Designs regarding its invention titled 'PUMP', a portable pump for bicycle tyres. The appellant contended that the rejection was non-speaking, violated principles of natural justice, and failed to comply with mandatory provisions of the Patents Act.
Shree Vari Multiplast India Pvt. Ltd. v.Nilkamal Plastics Limited
Shree Vari Multiplast India Pvt. Ltd. filed a suit against Nilkamal Plastics Limited alleging infringement of Design No.176931 related to plastic moulded chairs, seeking permanent injunction and declaration that the Cease and Desist Notice was unjustifiable. The plaintiff argued that the design was common use in the industry and liable for rectification due to lack of novelty. However, the court ultimately dismissed the suit as infructuous, noting that the registered design's protection period had expired.
Dfm Foods Ltd. v.Ms Nenimemi Foods Pvt. Ltd. & Anr.
In this trademark dispute, the Delhi High Court granted a one-week extension to Defendant No. 1 to file its required affidavit. Crucially, the court also issued an assurance that the defendant would refrain from selling the disputed product under the 'CORN CURLS' trademark until the next hearing date. This interim order maintains the status quo while allowing procedural compliance in the ongoing infringement litigation.
Phillips 66 Company v.Raaj Unocal Lubricants Limited
This case involves a suit filed by Phillips 66 Company seeking recovery of damages awarded by a US District Court for intellectual property infringement against Raaj Unocal Lubricants Limited. The court first addressed an application to reclassify the suit, ultimately holding that since the cause of action was based on IP infringement in the USA, it qualified as a 'commercial dispute' under Section 2(1)(c)(xvii) of the Commercial Courts Act. Subsequently, the court considered an application for condonation of delay in filing the written statement and allowed it, subject to the defendant paying costs.
Hadiklaim Central Agricultural Cooperative Society Ltd. v.Ms Dharamraj And Sons And Ors & Ors.
The Delhi High Court judgment confirms the resolution of a trademark dispute concerning the 'KING SOLOMON DATES' brand. The plaintiff successfully reached comprehensive settlement agreements with multiple defendants, including Defendant No. 1. These settlements legally bind the defendants to cease all use of similar or deceptively related marks and acknowledge the plaintiff's exclusive ownership rights over the trademark.
Lilly Icos Llc v.Vivek Pharmachem And Anr.
The dispute between Lilly Icos Llc and Vivek Pharmachem was amicably resolved through mediation before the Delhi High Court. The parties executed a settlement agreement where they mutually acknowledged each other's respective trademarks, 'CIALIS' and 'ZYDALIS'. Crucially, Defendant No. 2 agreed not to use any mark with the suffix 'ALIS' for erectile dysfunction drugs, while Plaintiff agreed to withdraw an opposition against ZYDALIS. The court subsequently decreed the suit against Defendant No. 2 based on these settlement terms.
Best Agrolife Limited v.Deputy Controller Of Patents & Anr.
The petitioner challenged the Deputy Controller's decision granting Patent No. IN 394568, arguing that the grant was flawed because the pre-grant opposition raised on grounds like lack of novelty and non-patentability under Section 3(d) was ignored. The court found that the impugned order was non-speaking, failed to address key objections, and did not consider expert affidavits. Consequently, the matter was remanded for a fresh, reasoned decision.
Paras Ayurvedic Pharma Pvt.Ltd v.Salman Iqbal Ahmed Momin And Anr
Paras Ayurvedic Pharma Pvt.Ltd appealed against two lower court orders concerning a commercial IP suit alleging copyright infringement and passing off related to 'Roghan Sukoon Massage Oil'. The core dispute centered on whether the defendant's product copied the plaintiff's unique artistic work and brand elements, and whether the plaintiffs had sufficient knowledge of the alleged infringement. The Bombay High Court dismissed the appeal, upholding the lower court's decision that the plaintiffs were entitled to relief.
Entertainment Network (India) Limited v.Https//Tuneincom/Podcasts/Arts--Culture- Podcasts/Bangla-Sunday-Suspense-P2082186/ and Ors
In this copyright infringement case, Entertainment Network (India) Limited sought to protect its audio content, 'Sunday Suspense,' which is based on literary works. The court issued an ex-parte order directing intermediary platforms (like Tuneincom) to immediately take down the infringing URLs and compelling Internet Service Providers (ISPs) to disclose server details used by the infringers. This ruling highlights the proactive role of courts in enforcing IP rights against digital infringement.
Agsar Match Industries v.Sundarapandian Trading as Gerizim Chemicals
Agsar Match Industries filed a suit against Sundarapandian Trading as Gerizim Chemicals alleging both trademark and copyright infringement, along with passing off. The dispute was resolved through a memorandum of compromise executed by both parties on August 23, 2022. Consequently, the Madras High Court decreed the case based on the terms of this settlement, allowing the defendant to use a specified label.
Indus Tmt Industries Ltd v.M/S Mega Steel Industries
This case involved Indus Tmt Industries Ltd filing Original Suits against M/S Mega Steel Industries alleging infringement and passing off related to its registered trademarks and design. The plaintiffs sought permanent injunctions and damages for the unauthorized use of similar marks like 'Index Gold'. During the proceedings, the court permitted the plaintiff to delete the prayer pertaining to the Designs Act, 2000, leading to the suits being remanded back to the Trial Court to resolve the remaining disputes.
Boehringer Ingelheim International GmbH v.Dr. Reddy's Laboratories Limited
Plaintiffs (Boehringer Ingelheim) filed a suit seeking permanent prohibitory injunction against the defendants (Dr. Reddy's Laboratories) for infringing their patent No. 268846, covering Empagliflozin products. The court heard applications concerning the continuation and vacation of an existing ad-interim injunction.
Emaar Properties Pjsc v.Emaar Farm Technik Private Limited & Anr.
The Delhi High Court granted an interim injunction in favor of Emaar Properties Pjsc against Emaar Farm Technik Private Limited. The plaintiff, a well-established global brand, alleged that the defendant was deceptively using the registered trademark 'EMAAR' for farm equipment to benefit from the plaintiff's goodwill and reputation. The court recognized the clear case of infringement and passing off, temporarily restraining the defendants from using the mark on any products or e-commerce platforms until further proceedings.
S. Bir Pal Singh v.Pawandeep Singh Walia Trading As M/S. Pawandeep Singh & Company and Ors.
In this trademark dispute before the Delhi High Court, S. Bir Pal Singh sought interim protection against Pawandeep Singh Walia Trading As M/S. Pawandeep Singh & Company. The court issued a crucial order directing Respondent No. 1 not to create any third-party rights in four specific registered trademarks associated with 'AKALI PATRIKA.' This protective measure ensures the status quo is maintained while the main litigation proceeds, setting a key date for further hearing.
Novo Nordisk A S v.Union Of India
Novo Nordisk challenged an order by the Deputy Controller of Patents, arguing that the decision did not address the substantive grounds raised in its representation regarding a pending post-grant opposition. The case involves Patent IN257402, which relates to pharmaceutical preparations. Despite years of delays and procedural complexities in the Opposition Board proceedings, the High Court intervened to ensure that the Deputy Controller would consider all arguments presented by the patentee before rendering a final decision.
Boehringer Ingelheim International GmbH v.Msn Laboratories Private Limited
The plaintiffs (Boehringer Ingelheim) sought confirmation of an interim injunction restraining the defendants (Msn Laboratories) from infringing their patent (IN 268846) related to Empagliflozin. The court addressed two main issues: the merits of the injunction and whether the defendant could challenge it without a written statement, ultimately allowing the defendant's application for vacation.
Interdigital Technology Corporation v.Guangdong Oppo Mobile Telecommunications Corp. Ltd.
The court heard various interlocutory applications in a patent infringement suit concerning standards essential patents related to 3G, 4G, and 5G communications. The primary focus was on allowing the Plaintiffs (Interdigital) to reserve rights to add future infringing devices and additional patents from their large portfolio.
The Polo/Lauren Company L P v.Sandeep Arora & Anr.
The Polo/Lauren Company L P filed a rectification petition under Section 50 of the Copyright Act, 1957, challenging the copyright registration of 'SPORTS POLO' held by Sandeep Arora & Anr. The petitioner argued that the respondent's logo substantially reproduced its well-known trademarks and artistic marks. The court found that the respondent's artwork was an imitation of the petitioner's registered marks, lacking originality, and therefore wrongly registered. Consequently, the court allowed the petition and directed the cancellation of the impugned copyright registration.
Pi Industries Limited v.Seedlings India Private Limited & Ors
The Delhi High Court addressed several interlocutory applications before proceeding with the main suit. The court decreed the suit against Defendants No. 1 to 3, based on their submission that they would not contest the patent infringement claim and were willing to suffer an injunction.
XXX v.Union Of India
The petitioner, suffering from HER2-Negative Metastatic Breast Cancer, sought an interim direction compelling the 3rd respondent (DPIIT) to consider their representation regarding the high cost of Ribociclib. The petitioner argued that since Ribociclib enjoys patent monopoly and is not manufactured in India, compulsory licensing under Section 92 of the Patents Act, 1970, was necessary for affordability.
Ambuja Cements Limited v.Shiv Kripa Steels & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ambuja Cements Limited against Shiv Kripa Steels & Anr. The court found that the defendants' use of marks was a slavish imitation of Ambuja's registered trademarks 'AMBUJA' and 'VIRAT'. Given the likelihood of customer confusion in the common building materials trade, the injunction prevents the defendants from using deceptively similar marks or devices related to cement and allied goods.
Ashok Kumar Gupta & Anr. v.Neeram Garg & Ors.
In this commercial suit concerning the brand SAKRNI PLASTER, the Delhi High Court issued several procedural orders on April 7, 2022. The court granted exemptions to the Plaintiffs regarding document filing and advance notice service due to urgency. Crucially, the court allowed an application for ex-parte ad-interim injunction under Order 39 Rules 1 and 2 CPC, leading to the appointment of Local Commissioners to seize infringing products and inspect the Defendants' premises.
Sterlite Technologies Limited v.Hfcl Limited
Sterlite Technologies Limited filed a suit seeking an injunction against Hfcl Limited for infringing its Indian Patent No. IN335369, which relates to optical fiber cables (OFCs). The defendant challenged the patent's validity and sought vacation of the ex-parte injunction. The court found serious doubt regarding the novelty and inventive nature of the suit patent.
M/s. New Rubric Solutions LLP v.Pearson India Education Services Private Limited
The plaintiff, M/s. New Rubric Solutions LLP, filed a suit alleging that the defendant, Pearson India Education Services Private Limited, infringed its intellectual property rights by using and misrepresenting the test results of its assessment product 'Kaleido' in the defendant's product 'MyPedia'. The court found in favor of the plaintiff.
M/S Vee Excel Drugs & Pharmaceuticals (P) Ltd. v.Union Of India & Others
The Delhi High Court dismissed the petition filed by M/S Vee Excel Drugs & Pharmaceuticals challenging an IPAB order that directed the cancellation of its registered trademark 'VEGA ASIA'. The court upheld the IPAB's finding regarding prior use by the respondent, noting that while the petitioner argued for earlier adoption and assignment rights, the evidence presented by the respondent was sufficient to establish their claim of user since 2001. This ruling underscores the strict adherence required when challenging rectification orders before a High Court.
Boehringer Ingelheim Pharma Gmbh Co v.Centurion Remedies Private Limited
The plaintiffs (Boehringer Ingelheim) filed a suit alleging that the defendants were manufacturing/importing generic versions of medicines covered by their Indian Patent No. 243301, which relates to Linagliptin compounds. The court found that the plaintiffs made out a good prima facie case and granted an ad-interim injunction restraining the defendants from manufacturing or selling the infringing products.
Electronica Semiconductors Pvst Ltd v.Naveen Goel And Anr.
The Delhi High Court issued procedural orders in the trademark opposition proceedings involving Electronica Semiconductors Pvt Ltd against Naveen Goel and others. The court directed the parties to cure registry objections, provide necessary documentation, and file consolidated briefs of submissions within specified timelines. This order sets the stage for further substantive arguments regarding the trademark dispute.
Shakthi Fashion & Anr. v.Burberry Limited
The Delhi High Court addressed a revision petition challenging the dismissal of an application to reject a plaint based on territorial jurisdiction in a trademark infringement suit. The court examined whether the cause of action had arisen within its jurisdiction, considering both past incidents in Bangalore and ongoing activities in New Delhi. While acknowledging the plaintiff's claims regarding online sales (IndiaMart) and local solicitation in Delhi, the High Court ultimately dismissed the revision petition, stating that the question of territorial jurisdiction is a mixed question of fact and law requiring evidence at trial.
Delhivery Pvt Ltd v.Treasure Vase Ventures Private Limited
Delhivery Pvt Ltd and Treasure Vase Ventures Private Limited reached a settlement regarding trademark infringement claims. The court formally accepted the Settlement Agreement dated February 26, 2022, which mandated that the respondent acknowledge Delhivery's statutory rights and cease using similar marks. While the suit was decreed granting permanent injunction, the appellant waived their claim for damages and costs in exchange for the resolution.
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