IP Cases — 2023
1,199 decisions across all jurisdictions
Page 2 of 40 · 1,199 total
M/s Meenu Electric Co. v.M/s Dynamic Electricals; M/s Golden Cab Industries; M/s Vijay Cable Co.
The Karnataka High Court allowed the writ petition, setting aside a trial court's order that had stayed an infringement suit. The core issue was whether the defendants could invoke Section 124 of the Trademarks Act to halt proceedings pending rectification before the IPAB. The Court ruled that merely having rectification applications filed during the pendency of the suit is insufficient; the plea of invalidity must be raised specifically and before the commencement of trial, otherwise, it is deemed abandoned.
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
This order concerns an appeal before the Court of Appeal against an order of the Court of First Instance regarding the language of the proceedings under R.323 RoP. The Appellants (OPPO and OROPE Germany) filed a request on the last day of the time periods under R.224.1(b) and R.224.2(b) RoP for expedition of the appeal proceedings, seeking shortening of the time period for lodging the Statement of Response. The Court of Appeal dismissed the request for expedition, holding that despite the procedural inconvenience, the interests of the Respondent and principles of due process required that the Statement of Response be filed in the normal time period, even though this meant the Statement of Defence in the first instance proceedings had to be lodged in the contested language of proceedings.
N.V. Nutricia v.Nestlé Health Science (Deutschland) GmbH
This case before the Local Division Düsseldorf concerned European Patent EP 2 359 858 B1, which was finally revoked during the proceedings. The Claimant (N.V. Nutricia) sought closure of both the infringement action and the counterclaim for revocation, while the parties disputed the value of the dispute. The Court set the value of the infringement action at €250,000 and the counterclaim for revocation at €500,000, ordered the Claimant to bear the costs of both proceedings, and granted a 60% reimbursement of court fees to the Claimant.
Dexcom, Inc. v.Abbott Laboratories, Abbott Diabetes Care inc, Abbott France, Abbott NV/SA, Abbott B.V, Abbott S.r.l, Abbott Sacandinavia Aktiebolag, Abbott GmbH, Abbott Diagnostics Gmbh, Abbott Logistics B.V
This is a procedural order from the Paris Local Division concerning an infringement action brought by DexCom, Inc. against fourteen defendants, primarily comprising various Abbott entities and Newyu, Inc., regarding European Patent EP3831282. The order addresses service difficulties and aligns the deadline for filing the Statement of Defence across all defendants. The Judge-Rapporteur accepted the parties' agreed extension, setting the Statement of Defence deadline to 15 March 2024, with the starting point aligned to 15 December 2023.
Balanced Body Inc. v.Yasmins Body Image Private Limited & Anr.
Balanced Body Inc., a U.S.-based company, filed suit against Yasmins Body Image Private Limited alleging infringement of its patents related to 'REFORMER EXERCISE APPARATUS' and 'ARM CORD SUPPORT RISERS'. The court examined evidence showing that the Defendant No.1 was operating gyms with machines clearly mapping on the Plaintiff's granted patents. Consequently, the Court issued directions for the Defendant No.1 to disclose the source and quantity of the alleged infringing equipment.
NEC Corporation v.The Assistant Controller of Patents and Designs, Government of India
NEC Corporation appealed the Assistant Controller's rejection of its Patent Application No.7830/CHENP/2014, which was based on the alleged violation of Section 7(2) of the Patents Act due to the date of declaration by an inventor. The court held that there is a distinction between the date of assignment and the date of declaration, finding the impugned order unsustainable.
The Supreme Industries Ltd. v.Tandhan Polyplast Private Ltd.
This interim application sought to determine the method of inquiry regarding whether certain moulds/dyes were infringing material, considering the original patent had expired. The court considered the request for an independent scientific adviser under Section 115 but proceeded by allowing the parties to file their respective expert affidavits.
ATC IP LLC & Anr. v.Owner Of <Https://Atcindiatower. In/> & Ors
The Delhi High Court ruled in favor of ATC IP LLC, granting a permanent injunction against the operators of infringing domain names. The court found that the defendants' websites copied the plaintiffs' registered trademarks ('ATC', 'ATC India') and logos, causing potential misuse. Furthermore, the court ordered NIXI to facilitate the transfer of the infringing domain name www.atctower.in to ATC IP LLC, effectively resolving the dispute through summary judgment.
Tvs Electronics Limited v.Jitender Kumar
The Madras High Court dismissed the appeals filed by Tvs Electronics Limited against a lower court's refusal to grant an interim injunction. The plaintiff, owner of the 'TVS Electronics' mark, sought restraint against the defendant for alleged trademark infringement and passing off related to CCTV cameras. However, the court upheld the trial judge's decision, finding no grounds to interfere with the discretion exercised regarding the balance of convenience, allowing the defendant to continue using the mark subject to maintaining accounts.
Vega Industries Pvt. Ltd. v.Vinod Sagar Jain & Anr.
The Delhi High Court addressed an appeal filed by Vega Industries challenging the registration of the trademark 'VIGA' by Vinod Sagar Jain. While noting that the correct remedy for the appellant might be rectification, the court preliminarily found no cause for grievance if certain listed products were excluded from the scope of goods. The stay application filed by Vega was ultimately rejected, and the matter was scheduled for final hearing.
Vidya Mandir Classes Ltd. v.Wefrew Educations P. Ltd.
The Delhi High Court granted an interim injunction in favor of Vidya Mandir Classes Ltd. against Wefrew Educations P. Ltd., finding that Vidya Mandir had a prima facie case regarding the unauthorized use of its trademarks and proprietary course materials. The court observed that Wefrew was allegedly using these assets while simultaneously claiming disassociation, causing potential irreparable harm to the petitioner. Consequently, Wefrew was immediately restrained from using any material or marks associated with Vidya Mandir Classes.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.LAMA FRANCE
1 Division locale de Paris UPC_CFI_358/2023 Ordonnance de procédure du Tribunal de première instance de la Juridiction unifiée du brevet, rendue le 02/08/2024 concernant R.191 RdP DEMANDEUR HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P 10300 Energy Drive, Spring, Harris County, TX, 77389, USA - 77389 - H
Guangdong OPPO Mobile Telecommunications Corp.Ltd., OROPE Germany GmbH v.Panasonic Holdings Corporation
The Court of Appeal of the Unified Patent Court dismissed a request by the Appellants (OPPO and OROPE) for expedition of the appeal, specifically seeking shortening of the time period under R.9.3(b) RoP for lodging the Statement of response. The request was filed on the last day of the time periods under R.224.1(b) and R.224.2(b) RoP in an appeal against an order concerning the language of proceedings (R.323 RoP). The Court held that the request had to be dismissed in view of the interests of the respondent and principles of due process, even though this meant the Statement of defence in the first instance proceedings would have to be lodged in the contested language of proceedings.
M/S Dandi Salt Pvt. Limited v.M/S Indo Brine Industries Limited
M/S Dandi Salt Pvt. Limited filed a review petition challenging an earlier dismissal by the Copyright Board on grounds of being time-barred. The core dispute involved objections raised by the petitioner against M/S Indo Brine Industries Limited's attempt to register copyright for the artistic work 'INDOBRINE DANDI SALT/DANDI NAMAK'. Although the initial appeal was dismissed due to procedural delays, the High Court considered the parties' claims and subsequent settlement. Consequently, the court set aside the impugned orders and remanded the matter back to the Copyright Office for fresh consideration.
Atos India Pvt. Ltd v.The State of Maharashtra
Atos India Pvt. Ltd challenged an order from the Maharashtra Sales Tax Tribunal, arguing that its work providing bug fixing and maintenance services on QAD Inc.'s ERP software was a service contract, not a sale of goods or developed software. The core dispute revolved around whether modifying existing proprietary code constituted 'development' leading to a taxable supply under the MVAT Act. The Bombay High Court ultimately ruled in favor of Atos India, holding that the transaction was fundamentally an indivisible contract for services.
Toyo Aluminium Kabushiki Kaisha v.Assistant Controller Of Patents And Designs
The petitioner appealed against an order rejecting their patent application ('MULTILAYER BODY AND CONTAINER') due to non-compliance with requirements for inventive step under the Patent Act, 1970. The court allowed a procedural exemption and directed the respondent counsel to file written submissions before listing the matter further.
Grasim Industries Limited v.Lenzing Ag & Anr.
Grasim Industries Limited filed a revocation petition against Patent no. IN 367685, granted to Lenzing AG for 'Fire-retardant cellulose fiber'. The court disposed of several interlocutory applications and initiated proceedings by issuing notice and setting timelines for filing the counter affidavit.
The Supreme Industries Ltd. v.Tandhan Polyplast Private Ltd.
This interim application concerns whether certain moulds/dyes are infringing material, despite the original patent having expired. The court considered the need for expert determination on this factual question.
Martinswerk GmbH v.The Controller of Patents and Designs, Government of India
Martinswerk GmbH appealed the rejection of its patent application (No. 201748011754) by The Controller of Patents and Designs. The appellant argued that the application qualified as a divisional application containing separate inventive concepts, while the respondent maintained it did not meet Section 16 requirements. The High Court set aside the impugned order due to lack of reasoning and remanded the matter for fresh consideration.
Malwa Cotton Spinning Mills Limited v.Mahavir Spinning Mills Limited And Anr.
The Delhi High Court dismissed the trademark cancellation petitions filed by Malwa Cotton Spinning Mills Limited against Mahavir Spinning Mills Limited. The dismissal was based on a pre-existing settlement agreement from 2010, which stipulated that both parties would continue using their respective shade numerals and adopt unique identifiers for future shades. This compromise effectively resolved all disputes related to the trademarks in question.
Lifestyle International Pvt. Ltd. v.Richworld Industries Pvt. Ltd.
Lifestyle International Pvt. Ltd. successfully pursued a trademark infringement case against Richworld Industries Pvt. Ltd., alleging deceptive similarity with its registered mark 'EASYBUY'. Although the initial prayer sought extensive injunctions, damages, and accounting of profits, both parties ultimately reached a settlement via a Memorandum of Compromise. The court decreed the suit based on this agreement, specifically directing the defendant to transfer the disputed domain name www.eazybuy.com to the plaintiff within two weeks.
Bennet, Coleman And Company Limited v.Fashion One Television Llc and The Registrar of Trademarks
The Delhi High Court ruled in favor of Bennet, Coleman And Company Limited, quashing the trademark registrations held by Fashion One Television Llc. The court found that the respondent's mark infringed upon the petitioner's established 'NOW'-centric family of marks (such as TIMES NOW and ET NOW) because both operate within the same Class 38 for broadcasting services. The judgment emphasized that a viewer would likely associate the impugned mark with the petitioner’s repertoire, establishing a subsisting interest in the common element 'NOW'.
Manohar Singh v.Shyam Singh
Manohar Singh filed a civil suit against Shyam Singh and others, alleging infringement of his registered trade marks ('Singh') and associated copyrights in connection with mehandi products. The plaintiff sought permanent injunctions against the use of deceptively similar marks like 'Raju Singh' and 'Ram Singh'. However, due to the plaintiff's lack of cooperation in recording oral evidence over the years, the court ultimately dismissed the suit for non-prosecution.
Til Healthcare Private Limited v.M/s.Antop Pharma India Limited
Til Healthcare Private Limited filed a suit against M/s.Antop Pharma India Limited and others, alleging multiple infringements related to the brand 'APETAMIN'. The claims included trademark infringement, passing off, trade dress misuse, and copyright violation concerning its product label. Although the initial prayer sought permanent injunctions and damages, the parties ultimately reached an out-of-court settlement.
T-Mobile Usa Inc v.Controller Of Patents
The court heard matters concerning various parties, including T-Mobile Usa Inc vs Controller Of Patents. The hearing focused on issues related to Section 3(k) of the Patents Act, 1970.
N.V. Nutricia v.Nestle Health
In this legal proceeding before Düsseldorf (DE) Local Division (decision issued on 2023-12-14) under reference UPC-001660, N.V. Nutricia appeared in dispute with Nestle Health concerning patent rights and legal remedies.
V Guard Industries Ltd v.Ms Mahavir Home Appliances And Anr. & Anr.
The dispute concerning the registered design for ceiling fans was amicably resolved by both parties. The Defendants recognized the Plaintiff's exclusive rights and agreed to cease production/distribution of similar designs, while also undertaking to withdraw pending cancellation petitions against the design. However, the court noted a separate legal issue regarding the refund of court fees in private settlements.
Colgate-Palmolive Company v.Assistant Controller Of Patents And Designs
Colgate-Palmolive Company appealed the refusal of its national phase patent application (4411/DELNP/2007) for 'An Oral Composition'. The refusal was based on lack of inventive step and non-patentability under Section 3(d). However, due to the Appellant's failure to appear despite repeated notices, the court dismissed the appeal for non-prosecution.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals appealed against an order from the Assistant Controller of Patents and Designs which refused their patent application (201717017554) due to a lack of novelty. The court directed the respondent to file a reply, specifically addressing the inconsistency of the claims cited by the Controller.
Freebit As v.Exotic Mile Private Limited
Freebit AS filed a suit seeking an injunction against Exotic Mile Private Limited regarding its granted patent, IN 276748, for an 'Improved Earpiece'. The Defendant challenged the validity of this patent by presenting evidence that corresponding foreign patents had been invalidated or refused in several jurisdictions, including based on lack of novelty.
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