IP Cases — 2024
1,677 decisions across all jurisdictions
Page 15 of 56 · 1,677 total
Insulet Corporation v.A. Menarini Diagnostics s.r.l.
This procedural order addressed an application by Eoflow Co Ltd to intervene in a provisional measures case brought by Insulet Corporation against A. Menarini Diagnostics s.r.l. The Court ultimately dismissed the intervention request. The ruling emphasized the UPC's commitment to efficiency and speedy decision-making, particularly in urgent interim injunction proceedings, even when procedural rules allow for third-party participation.
Stäubli Tec-Systems GmbH v.***
This UPC decision addressed a revocation action concerning EP 3 170 639 B1, which ultimately became moot when the patent holder voluntarily withdrew the patent. The court analyzed the equitable distribution of costs, noting that it is generally unfair to charge costs to a patent owner who withdraws immediately upon seeing relevant prior art presented in the lawsuit. Despite this finding regarding equity, the claimant was ordered to bear the procedural costs.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed against the Assistant Controller's order which concluded that its subject patent lacked inventive step. The appellant argued that the subject application claimed improvements over an earlier granted patent (Patent No. 327649) and sought conversion into a patent of addition under Section 54 of the Patents Act, 1970. The Court found merit in this submission.
M/S. Serveshwar Food Products Pvt. Ltd. v.Mr. Sachin Gupta Trading As M/S Jai Balaji Grah Udyog & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S. Serveshwar Food Products Pvt. Ltd. against the Defendants for alleged trademark infringement and passing off related to the 'LACY' brand. The court allowed the Plaintiff to conduct a search and seizure operation at the Defendants' premises using Local Commissioners, aiming to prevent further unauthorized use of deceptively similar marks like 'LECY'. This order establishes strong preliminary protection for the Plaintiff's established goodwill in the FMCG sector.
Texas Instruments Incorporated v.Network Systems Technologies LLC.
This UPC Court of Appeal decision addresses a procedural request for expedition, rather than the merits of the underlying infringement case. Texas Instruments sought to shorten deadlines due to ongoing legal costs related to the appeal against a security for costs dismissal. The court ultimately rejected this request, finding that the application was too vague and lacked sufficient justification to warrant altering the established timelines.
Interdigital Vc Holdings Inc v.Guangdong Oppo Mobile
The case involves a dispute over the infringement of three patents claimed by the plaintiffs against the defendants. The plaintiffs seek a declaration of their patent rights and an injunction against the defendants' alleged infringement.
Network System Technologies LLC. v.Audi AG
This UPC Court of Appeal decision addresses a procedural request for expedition, rather than the merits of the underlying infringement case. Audi AG sought to accelerate the appeal process against an earlier dismissal of its security for costs application. The court rejected this request, finding that it was too vague and lacked sufficient justification to warrant shortening deadlines. This highlights the strict requirements for requesting expedited proceedings within the UPC framework.
Nokia Of America Corporation v.Assistant Controller of Patents and Designs, Government of India
Nokia appealed the rejection of its patent application, arguing that the respondent's order failed to properly discuss the invention and how it was hit by obviousness. The court found that the Controller merely concluded that a person skilled in the art could calculate technical glitches using prior arts without adequately testing them against the claimed invention.
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
Kudos Pharmaceuticals, the registered proprietor of Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, which was supported by an interlocutory injunction application.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Chetan Padilya & Ors.
The Delhi High Court confirmed an existing injunction protecting Gujarat Cooperative Milk Marketing Federation Ltd's trademark rights against specific infringing content published by the defendant. Crucially, the court clarified that this injunction is not a 'gag order.' While the defendant must refrain from publishing articles identical or similar to the impugned material and avoid derogatory remarks, they retain the right to engage in lawful discourse comparing plant-based beverages with dairy milk products.
Vijay Abrol v.Yogesh Kumar Rustogi
The Delhi High Court allowed appeals filed by Vijay Abrol, setting aside a previous judgment that had favored Yogesh Kumar Rustogi in a passing off suit. The court found that the plaintiff failed to establish the necessary goodwill and reputation for the trademark 'BRITE' as required by the triple test for passing off. Furthermore, the appellant/defendant successfully demonstrated their own established use of the mark and secured its registration, leading the court to conclude the original suit lacked a real basis.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A filed an appeal challenging the Assistant Controller's refusal to grant a patent application. The Controller refused the grant on the ground that the invention related to tobacco use, which causes serious prejudice to human life or health, making it ineligible under Section 3(b) of the Patents Act, 1970.
Krishna Chandra Dutta (Spice) Pvt Ltd v.Ashok Kumar Anr.
Krishna Chandra Dutta (Spice) Pvt Ltd filed a suit seeking perpetual injunction against Ashok Kumar Anr. for infringing their registered trademark 'COOKME'. The plaintiffs alleged that they only discovered the infringement in July 2024, necessitating urgent legal action. The Calcutta High Court granted leave to proceed with the suit under various provisions, including Section 12A of the Commercial Courts Act, allowing the plaint to be admitted subject to departmental scrutiny.
Dolby International AB v.HP Deutschland GmbH, HP Inc., HP International SARL, HP Austria GmbH, HP France SAS, HP Belgium SPRL, HP Inc Danmark ApS, HP Finland Oy, HP Italy S.r.l., Hewlett-Packard Nederland BV, HP PPS Sverige AB, HPCP – Computing and Printing Portugal, Unipessoal, Lda., Hewlett-Packard d.o.o., Hewlett-Packard Luxembourg SCA, HP Inc Bulgaria EOOD
This UPC decision addresses a procedural matter concerning the protection of confidential information (Rule 262A) within an infringement case involving Dolby International AB and various HP entities. The core issue was defining the scope of access for Access Advance LLC, which had joined as a third-party intervenor in the patent pool dispute. The court granted the status of intervenor but imposed strict limitations on who could view the unredacted confidential documents.
Panasonic Holdings Corporation v.Xiaomi Technology Germany GmbH
In this procedural ruling, the UPC Local Division Mannheim addressed requests for deadline extensions across multiple parallel infringement and revocation proceedings involving Panasonic and Xiaomi. The court distinguished between technical arguments, which were immediately accessible to the defendants, and complex FRAND-related submissions, where delayed access justified a specific extension. This decision underscores the importance of procedural coherence in UPC litigation, requiring parties to submit pleadings in unified final versions rather than fragmented drafts.
M/s.Kalyan Jewellers India Ltd. v.Antony Adams
The Madras High Court ruled in favor of M/s. Kalyan Jewellers India Ltd., granting permanent injunctions against defendants for infringing and passing off their trademarks 'Kalyan' and 'Kalyanjewellers' through the domain name <kalyanjewellers.com>. The court also issued a mandatory order directing the cancellation and subsequent transfer of the disputed domain name to the plaintiff, affirming the principles of cybersquatting remedies.
Spencer'S Retail Limited v.Geetha Jorge Alias Geetha George & Others
Spencer'S Retail Limited filed a suit against Geetha Jorge Alias Geetha George & Others, alleging trademark infringement. The plaintiff argued that the City Civil Court was not the proper forum for seeking relief due to restrictions in the City Civil Courts Act, 1953, and because the matter had already been adjudicated.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
The Delhi High Court addressed a complex trademark dispute between Rexcin Pharmaceuticals and Rekin Pharma concerning the similar corporate names 'REXCIN' and 'REKIN'. The court noted that while Rexcin holds registrations for 'REXCIN', they are not currently using it commercially, whereas Rekin has registered 'REKIN-SP' in Class 05. To resolve the conflict, the Court proposed a potential settlement where both parties could agree to restrict the use of the disputed term only as part of their corporate name, rather than as a trademark or trade name. Both counsels agreed to consult their clients on this proposal and were directed to consider mediation.
Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors. v.Interdigital Technolgy Corp. & Ors.
Guangdong Oppo Mobile appealed a judgment regarding the payment and security requirements for using Standard Essential Patents (SEPs) held by Interdigital. The dispute centered on whether the appellants were unduly penalized for non-compliance with previous consent terms involving global bank guarantees. The Court issued directions requiring the defendants to furnish an unconditional bank guarantee from an Indian public sector bank instead of relying solely on foreign guarantees, allowing them continued use of the SEPs.
cipla health limited v.syndicate pharma anr
Cipla Health Limited (formerly Cipla Limited) sued Syndicate Pharma and another for infringement of its trademark 'OMNIGEL' and trade dress, alleging the defendants were using a nearly identical mark 'ONMIGEL' on pain relief ointments. The plaintiff claimed extensive prior use since 2000 and significant sales revenue (INR 231 crores in FY 2023-24), arguing the defendant’s actions constituted passing off, dilution, copyright infringement, and misrepresentation.
Chavvi Poplai And Anr v.Rajesh Chugh And Anr
The Delhi High Court addressed two matters in this order: an application seeking condonation of delay, which was granted, and a rectification petition challenging the trademark 'NIZAM'S'. The petitioners sought to remove the respondent's trademark registration, arguing that the word is publici juris. While the court accepted notice for the main petition, it also noted prior injunction orders favoring the respondents, directing both parties to file detailed replies before the next hearing.
Micro Labs Limited v.The Controller Of Patents & Anr.
Micro Labs Limited filed a petition seeking revocation of Indian Patent No. 247381, while Bristol-Myers Squibb Ireland Unlimited Company sought permanent injunction against Micro Labs for infringing the patent using 'Apixaban' and 'APIVAS'. The parties successfully negotiated a settlement agreement in mediation.
Castrol Limited v.Kapil & Anr.
The Delhi High Court granted an urgent interim injunction to Castrol Limited in its suit against Kapil & Anr., allowing the plaintiff to proceed with an ex-parte local commission. The court recognized that the defendants were allegedly manufacturing and selling counterfeit engine oils, infringing on Castrol's trademarks, trade dress, and copyrights related to their packaging. This order permits a search and seizure operation at the defendants' premises to gather evidence of infringement.
Sequoia Capital Operations Llc & Ors v.John Doe And Others
In this trademark infringement suit, the Delhi High Court addressed an application seeking to involve WhatsApp LLC in the proceedings. The court allowed WhatsApp's impleadment and issued specific directions requiring the platform to remove or block identified infringing groups and accounts associated with Sequoia Capital's trademarks. Crucially, while ordering the removal of known infringers, the court also mandated that Plaintiffs must first notify account holders before any further blocking action is taken, balancing enforcement needs with due process concerns.
Dr. Nidhi Gulati v.M/s. Repro Books Limited
The plaintiff filed a suit seeking permanent injunction and damages against Repro Books Limited (and Amazon Retail India Pvt. Ltd.) for the unauthorized reproduction and sale of her copyrighted Ph.D thesis, "Construction of Childhood in Cinema," as a book. The court found that Defendant No. 1 infringed upon the exclusive rights of the plaintiff by selling a word-for-word copy without permission or royalty.
Mr.A.Salaudeen v.The Registrar of Trade Marks
Mr. A. Salaudeen approached the Madras High Court seeking intervention against the prolonged delay by the Registrar of Trade Marks in processing his post-registration changes for three trademarks ('Globe', 'Cock', and 'Anil'). The petitioner argued that this seven-year pendency was causing undue hardship and eroding his goodwill due to unauthorized third-party use. Recognizing the administrative lapse, the Court issued a directive compelling the Registrar to dispose of the pending application within eight weeks.
SodaStream Industries Ltd. v.Aarke AB
In this UPC case concerning patent infringement (EP 1793917), the defendant Aarke AB sought to adjourn the oral hearing, citing an outstanding appeal regarding a request for security for costs. The Düsseldorf Local Division rejected this request. The court clarified that appeals related to certain orders do not automatically halt main proceedings, especially when the order in question (security for costs) does not fall under the specific exceptions of Art. 74 (3) UPCA.
Pernod Ricard India Private Limited v.Advent Brand House Private Limited & Ors.
The Delhi High Court issued an order in the ongoing trademark dispute between Pernod Ricard India Private Limited and Advent Brand House Private Limited. Noting that certain respondents were unserved despite previous attempts, the court directed the issuance of fresh notices to Respondent Nos. 1 and 2. The petitioner was also instructed to serve the Trade Mark Attorney who represented Respondent No. 1 in the registration process. This procedural step ensures all parties are properly notified before further proceedings continue.
Richi Mathew v.Muthoot Finance Ltd; The Trademark Registry
The Madras High Court addressed two Original Petitions concerning the rectification and expungement of specific trademarks registered under Trademark Nos. 1880132 and 1248199 in Class 36. However, before any substantive ruling could be made on the merits of the trademark entries, the petitioner filed an endorsement stating that they no longer wished to pursue these petitions. Consequently, the Court dismissed both Original Petitions as withdrawn.
Pirelli Tyre S.p.A. v.Sichuan Yuanxing Rubber Co., Ltd.
Pirelli Tyre sought provisional measures against Sichuan Yuanxing Rubber Co., Ltd. and CCPIT ahead of a major trade show, alleging that the respondent was selling infringing motorcycle tyres. The UPC Court of First Instance granted seizure and delivery of the contested products and promotional material to prevent further commercialization during the event. This decision allows Pirelli to secure evidence while reserving the final determination of infringement for the merits phase.
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