IP Cases — 2024
6,517 decisions across all jurisdictions
Page 151 of 218 · 6,517 total
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed an order passed by the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent no. IN 319780. The appellant argued that since the respondent failed to comply with previous court remands, the High Court should rule on the merits of the case.
Microsoft Technology Licensing Llc v.The Controller Of Patents And Designs & Anr.
Microsoft Technology Licensing Llc filed an appeal challenging the Assistant Controller of Patents and Designs' order dated November 9, 2023, which refused its patents application. The court first allowed the application for condonation of delay in filing the appeal.
Karan Rathore v.Registrar Of Trade Marks & Anr.
Karan Rathore appealed the Registrar of Trade Marks' decision that dismissed his opposition against a trademark application. The Delhi High Court accepted the appeal under Section 91 of the Trade Marks Act, allowing the matter to proceed. Notice has been issued to the respondents, who have been granted six weeks to file their reply and subsequent rejoinder.
Zydus Healthcare Limited v.Flipkart Internet Pvt Ltd & Ors.
The Delhi High Court addressed concerns raised by Zydus Healthcare regarding counterfeit goods sold on Flipkart. While acknowledging that e-commerce platforms have mechanisms in place, the court highlighted critical procedural flaws, particularly concerning seller onboarding, GST misuse, and product identification (FSN). The judgment mandates Flipkart to investigate these issues, provide specific documentation like bank details, and implement technical solutions to prevent genuine sellers from being unfairly de-listed.
Bic Cello India Private Limited v.Ramanlal Rughnathmalji Jain
Bic Cello India Private Limited initiated proceedings in the Delhi High Court seeking the invalidation of a trademark registration held by Ramanlal Rughnathmalji Jain, specifically concerning the mark 'TRIMORE'. The court accepted the plaintiff's application and issued notice to the defendant. This marks the initial procedural step in challenging the validity of the registered trademark.
Belle Wears Private Limited v.Hobby Garments Private Limited
The Delhi High Court initiated proceedings in the trademark infringement and passing off case filed by Belle Wears Private Limited against Hobby Garments Private Limited. The court formally registered the suit and directed the issuance of summons to the defendant. Crucially, the plaintiff was also granted an interim order allowing notice to be served on the defendant regarding the alleged infringement of the 'TEENAGER' trademark and artistic work, setting the stage for further litigation.
Thukral Mechanical Works v.Pm Diesels Private Limited & Anr.
The Delhi High Court, in a series of connected appeals, addressed challenges to an earlier finding regarding trademark non-use. While some applications were disposed of with exemptions allowed, the court granted a stay on the main impugned judgment. This decision highlights the ongoing judicial scrutiny over trademark cancellation proceedings, particularly when conflicting interpretations of Supreme Court precedents arise.
Nicoventures Trading Limited v.NJOY Netherlands B.V. and Juul Labs International Inc.
Nicoventures Trading Limited, a party to EPO opposition proceedings concerning EP 3 430 921, sought access under Rule 262.1(b) RoP to written pleadings and evidence in a revocation action brought by NJOY Netherlands B.V. against Juul Labs International, Inc. before the Central Division (Paris Seat). The Court granted access to all written pleadings and evidence currently contained in the CMS, but rejected requests for court-generated documents, future materials, and materials not yet visible through the CMS.
Huawei Technologies Co. Ltd v.NETGEAR Deutschland GmbH, Netgear Inc., and Netgear International Limited
Huawei sued Netgear entities for infringement of European Patent EP 3 611 989, which is essential for the Wi-Fi 6 standard. Netgear raised an exhaustion defense based on a Qualcomm chip in some accused embodiments and sought production of Huawei's August 2020 license agreement with Qualcomm. The Local Chamber Munich ordered Huawei to produce the agreement with confidentiality protections and a daily coercive fine of up to €20,000, while rejecting the remaining requests of both parties.
ELMOS SEMICONDUCTOR SE v.Texas Instruments Incorporated
Elmos Semiconductor SE challenged Texas Instruments' LED driver patent (11653432) in the PTAB, alleging obviousness and anticipation. The petitioner relies on a combination of multiple prior art references to invalidate claims 1-20 related to power management ICs.
ELMOS SEMICONDUCTOR SE v.Texas Instruments Incorporated
ELMOS SEMICONDUCTOR SE's IPR challenge against Texas Instruments Incorporated was denied by the PTAB, as the petitioner failed to demonstrate a reasonable likelihood of prevailing. The Board found that ELMOS lacked adequate motivation and particularity in its obviousness arguments across multiple grounds.
Novartis Ag v.Torrent Pharmaceuticals Limited
The Plaintiffs filed a suit for infringement of Indian Patent No. 229051, while the Defendant challenged the validity of the patent. The parties amicably resolved their disputes and sought a consent decree.
SRF LIMITED v.SOLVAY S A & ANR.
The Delhi High Court addressed several interlocutory applications filed by Respondent No.1, including an application seeking leave to amend the claims of Patent IN 331314 and a request for condonation of delay. The Court allowed the condonation of delay and granted exemptions sought by the respondent.
Wieden+Kennedy India Private Limited v.Jindal Steel And Power Limited
Wieden+Kennedy India Private Limited approached the Delhi High Court seeking interim protection against Jindal Steel And Power Limited regarding an ad film campaign titled 'Steel of India'. The petitioner claimed authorship and copyright over the creative works, arguing that the respondent terminated the contract without fulfilling payment obligations. The court addressed the dispute under Section 9 of the Arbitration & Conciliation Act, 1996, while acknowledging the IP nature of the claim. The judgment mandated a deposit of Rs. 59 lakhs by the respondent and granted an interim injunction against distribution if the deposit was not made within two weeks.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
The plaintiffs filed an application alleging that the defendant was non-compliant with a prior court order by promoting or advertising the 'Present and Record' feature on its global website, potentially inviting Indian users to circumvent restrictions using VPNs. The Court found that while the feature is not available for download in India (which constitutes compliance), the defendant must take steps to ensure customer care does not suggest or exhort users to use VPNs to access the feature.
Natco Pharma Limited v.Novartis Ag And Anr.
Novartis filed a suit alleging infringement of its patent (IN 233161) concerning Eltrombopag bis (monoethanolamine) (ELT-O), leading to an interim injunction against Natco. Natco appealed this order, challenging the validity of IN 233161 on grounds including prior claiming and lack of inventive step under Section 3(d).
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed a refusal order issued by the Controller of Patents for its patent application titled "Hair Dyeing Or Bleaching Method". The appeal was based on procedural infirmities, including the failure to raise objections under Section 3(a) in the hearing notice and the erroneous recording regarding industrial applicability. The Court found merit in these submissions and remanded the matter back to the Controller for fresh consideration.
M/S Deluxe Agriculture Works v.Deluxeagriculture Industries Private Limited & Ors.
The Delhi High Court ruled in favor of M/S Deluxe Agriculture Works, overturning a rectification made by the Trademarks Registry that had transferred ownership of the 'Deluxe' trademark to Deluxe Agriculture Industries Private Limited. The court found that the purported Deed of Assignment was invalid because Respondent No. 2 denied executing it and alleged forged signatures. Consequently, the registration was restored to M/S Deluxe Agriculture Works, affirming their original proprietorship.
Bp P.L.C. & Anr. v.Subhash Chandra, Trading As Shivay Enterprises
In this trademark dispute, the Delhi High Court addressed an application seeking summary judgment. While noting that the defendant had previously complied with a court injunction and ceased using the impugned trademarks, the court did not grant immediate relief. Instead, it allowed the defendant to file a response regarding claims for costs and damages, keeping the litigation active.
Powerhouse Licensing LLC. v.Anand Rai
Powerhouse Licensing LLC successfully secured an interim injunction in the Bombay High Court against Respondent No. 1 regarding a conflicting trademark registration for 'POWERHOUSE GYM'. The court found that the Petitioner holds prior, famous, and well-known rights to the mark, making the impugned registration prima facie liable to be cancelled or rectified. This initial victory allows the Petitioners to prevent any misuse of their brand while the full legal proceedings continue.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors
The Delhi High Court addressed a pending interlocutory application in the trademark infringement suit. The court framed an additional issue to determine whether the defendant is liable to pay additional damages for using the impugned mark after the suit was revived, given that the original ad interim injunction had stood. With evidence complete and parties consenting not to lead further evidence, the matter was scheduled for final hearing.
Shree Ganesh Rolling Mills (India) Ltd v.M/S Jindal Rolling Mill Ltd
The Delhi High Court decreed a trademark infringement suit filed by Shree Ganesh Rolling Mills against M/S Jindal Rolling Mill Ltd. The case, which involved allegations of passing off regarding the 'JINDAL' mark, was resolved through mediation and a subsequent settlement agreement. The court upheld the compromise decree, ensuring that while the parties remain bound by the terms, the specific details of the confidential settlement will not be disclosed in the public record.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based company, under Article 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's non-EU domicile could not serve as a basis for ordering security.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a UPC patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based SME. The Local Division Munich dismissed all three applications, finding that the defendants failed to provide concrete evidence of difficulties in enforcing a cost order in the US or of NST's insolvency, and that NST's patent portfolio constituted seizable intangible assets.
Volkswagen AG and Audi AG and Texas Instruments Incorporated and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a UPC patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based SME. The Local Division Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties in the US or of NST's insolvency, and that NST's patent portfolio constituted seizable intangible assets.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen, Audi, and Texas Instruments entities) sought security for legal costs from the plaintiff, Network System Technologies LLC (NST), a US-based SME, under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed all three applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's patent portfolio constituted seizable intangible assets.
Volkswagen AG and Audi AG and Texas Instruments Incorporated and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for security for legal costs against the plaintiff, Network System Technologies LLC (NST), a US-based company, under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's patent portfolio acquired from Philips constituted valuable assets that could satisfy any cost order.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for an order requiring the plaintiff, Network System Technologies LLC (NST), to provide security for legal costs under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed the applications, finding that the defendants failed to provide concrete evidence of enforcement difficulties or insolvency risk, and that NST's non-EU domicile could not serve as a basis for requiring security.
Volkswagen AG, Audi AG, Texas Instruments Incorporated, Texas Instruments Deutschland GmbH v.Network System Technologies LLC
The defendants in a patent infringement action (Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH) applied for an order requiring the plaintiff, Network System Technologies LLC (NST), to provide security for legal costs under Art. 69.4 UPCA and Rule 158 RoP. The Local Division in Munich dismissed all three applications, finding that the defendants had failed to provide concrete evidence of difficulties in enforcing a cost order against NST in the United States, and that NST's patent portfolio acquired from Philips constituted seizable intangible assets.
10x Genomics, Inc. v.Curio Bioscience Inc.
This is a procedural order from the Local Division Düsseldorf concerning EP 2 697 391 B1 in the context of an application for provisional measures. The court addressed the language of proceedings after the Court of Appeal changed the language from German to English just two weeks before the final order was due. The judge-rapporteur ordered that the final order may be issued in German with a certified English translation to avoid unnecessary delay.
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