IP Cases — 2024
1,677 decisions across all jurisdictions
Page 16 of 56 · 1,677 total
Seoul Viosys Co., Ltd. v.expert e-Commerce GmbH, expert klein GmbH
In a significant decision, the Düsseldorf Local Division of the UPC declared European Patent EP 3 223 320 B1 invalid across key EU territories (Germany, France, Italy, Netherlands). This revocation was achieved through a counterclaim brought by the defendants. Although the patent was invalidated, the court subsequently dismissed the original infringement lawsuit filed by Seoul Viosys Co., Ltd. The ruling highlights the dual nature of UPC proceedings, where successful revocation does not automatically guarantee success in the initial infringement claim.
M/S Nowfloats Technologies Limited v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of M/S Nowfloats Technologies Limited, allowing them to renew their trademark registration despite missing the statutory renewal deadline. The court found that the notice sent by the Registrar's office was never properly received by the petitioner due to incorrect addressing and procedural errors. This decision underscores the importance of proving proper service of official communications in IP matters.
Regeneron Pharmaceuticals Inc. v.Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals Inc. filed an appeal against the Controller of Patents and Designs' order refusing to grant a patent application (No. 201947017337). The appellant subsequently sought permission from the High Court to withdraw the appeal.
Dcm Shriram Limited v.Mr Arvind Kumar & Anr.
Dcm Shriram Limited successfully secured an ex-parte ad-interim injunction against Mr. Arvind Kumar & Anr. in the Delhi High Court. The court found that the defendants' use of identical packaging and trade dress for their product was a slavish imitation of the plaintiff's registered trademark, 'SHRIRAM 303'. Given the likelihood of market confusion and irreparable injury to Dcm Shriram Limited, the court granted immediate relief restraining the defendants from using any deceptively similar marks or designs.
The Board Of Directors Of The Woodstock School Nand Teachers Training College v.Rajneesh Arora And Anr.
The Delhi High Court disposed of a joint application regarding the settlement between The Board Of Directors Of The Woodstock School and Rajneesh Arora. As part of the agreement, Respondent No. 1 agreed to withdraw their impugned trademark (No. 1519967) registered in Class 41. Furthermore, Respondent No. 1 also withdrew oppositions filed against the Petitioner's trademark applications (Nos. 2825545 and 2825546). The Court directed the Trademark Office to process these withdrawals expeditiously, confirming that both parties remain bound by the settlement terms.
Natco Pharma Ltd. v.M/s. Schering Corporation
Natco Pharma Ltd filed an Original Petition (Patents) seeking the revocation of Indian Patent No.202128 against M/s. Schering Corporation and the Assistant Controller of Patents & Designs. The court observed that the term of the patent had expired on 06.10.2018, rendering the petition infructuous.
Meril Italy srl v.Edwards Lifesciences Corporation
This UPC Central Division order addressed a procedural dispute during a revocation action concerning EP 3646 825. The core issue was the defendant's attempt to amend its case and patent application late in the proceedings, seeking leave from the court. The panel ultimately sided with the claimant, rejecting the defendant’s request for amendment leave. This decision underscores the UPC's commitment to procedural efficiency while applying principles of fairness when managing complex amendments.
Biotyx Medical (Shenzhen) Co. Ltd v.The Assistant Controller Of Patents And Designs
Biotyx Medical challenged the refusal of its patent application for an absorbable iron-based alloy implantable medical device. The Controller had rejected the application citing lack of novelty and inventive step under the Patent Act, 1970. The Delhi High Court found that the impugned order lacked sufficient scientific reasoning and proper methodology in adjudicating the invention's merits. Consequently, the court set aside the rejection order and remanded the application back to the Controller for a detailed assessment of the inventive step.
E. R. Squibb And Sons, Llc v.Zydus Lifesciences Limited
The plaintiffs are seeking a permanent injunction against the defendant for infringing their patent related to the pharmaceutical product NIVOLUMAB, marketed as OPDYTA in India. The defendant is attempting to process a biosimilar version of the plaintiff's drug.
Onco Therapy Science, Inc. v.Assistant Controller of Patents and Designs, Government of India
Onco Therapy Science appealed the Assistant Controller's decision to reject its application for a patent covering novel peptides used as vaccines against cancers. The appellant argued that the Controller failed to consider their written submissions and supporting materials when issuing the rejection order. The High Court allowed the appeal, remanding the matter back for fresh consideration.
Edwards Lifesciences Corporation v.Meril Lifesciences PVT Limited; Meril GmbH; Smis International OÜ; Sormedica UAB
This procedural order addressed a request by an applicant (a medical device investor/competitor) seeking broad access to the court's pleadings and evidence in ongoing UPC infringement cases. The Court ultimately denied this request, emphasizing that the integrity of private civil litigation must be protected until proceedings conclude. The ruling reinforces the high bar for applicants seeking public disclosure of case materials, requiring a concrete and legitimate interest beyond general competitive curiosity.
Ucon Pt Structural System Private Limited v.Utracon Corporation Pte Ltd., Utracon Management Pte Ltd., and Utracon Engineering Services Private Limited
The Madras High Court dismissed multiple arbitration applications seeking various interim injunctions against Utracon entities. The applicants, Ucon PT Structural System Private Limited, sought protection against client/employee poaching and the use of the 'UTRACON' name and logo. However, the court found that the non-compete and non-solicitation clause in the underlying Sale of Shares Agreement had expired after 10 years. Furthermore, the applicants failed to establish a prima facie case or demonstrate irreparable harm, leading to the dismissal of all interim relief requests.
Sakata Seed Corporation v.The Controller of Patents and Designs, Government of India
Sakata Seed Corporation appealed the Controller's rejection of its patent application for 'Eustoma having Cytoplasmic Male Sterility,' citing that it was essentially a biological process. The appellant argued that specific human interventions, such as screening and checking hybrid seeds, made the invention non-biological. The High Court agreed with this contention but found the Controller lacked sufficient reasoning on the matter.
SWAT Medical AB v.Meril Italy srl, Meril Gmbh, Meril Life Sciences Pvt Ltd., Edwards Lifesciences Corporation
This UPC decision addressed a request for public access to confidential pleadings and evidence within an ongoing revocation action concerning a medical device patent. The applicant, SWAT Medical AB, sought access based on their interest as a competitor in the cardiac implant technology field. However, the Court rejected the application, ruling that general industry involvement is not enough to override the need to protect the integrity of the proceedings and confidential party interests. This case reinforces the high threshold required for third parties seeking document access in UPC litigation.
Marelli Europe S.P.A. v.The Deputy Controller Of Patents And Designs
Marelli Europe S.P.A. filed an appeal challenging the Deputy Controller's decision to reject its patent application (No. 495/DEL/2013). The rejection was based on Section 2(1)(j) of the Indian Patents Act, 1999. The court issued directions for notice and filing of replies.
Network System Technologies LLC. v.Volkswagen AG
This UPC Court of Appeal decision addresses a procedural point concerning the notification requirements under Rule R.158.4 RoP regarding security for costs. The court clarified that even if an initial order specifies a deadline for providing security, the warning about potential default judgment (under R.355 RoP) does not need to be embedded within that original operative text. Instead, a separate notification order is sufficient to ensure procedural fairness and compliance.
Huawei Technologies Co. Ltd v.NETGEAR Deutschland GmbH, Netgear Inc., Netgear International Limited
This UPC decision addresses the procedural language of a patent infringement case involving Huawei and Netgear. Although the official procedure language is German, the court utilized its discretionary powers to permit the oral hearings and interim proceedings to be conducted in English. This ruling emphasizes the balance between strict procedural rules and the practical need for efficiency and cost-saving in complex international litigation.
Girnar Food & Beverages Pvt. Ltd. v.The Registrar Of Trade Marks & Anr.
The Calcutta High Court allowed the appeal filed by Girnar Food & Beverages Pvt. Ltd., setting aside an earlier rejection of its opposition against a competing trademark application. The court found that the respondent's mark, which featured an elephant device and the word 'Haathi,' was deceptively similar to the appellant's registered 'JUMBO' mark for tea and spices. Given that both parties operate in the same market and consumers associate the elephant motif with the goods, the court ruled that the similarity would inevitably lead to consumer confusion.
M/S Nuchem Limited Earlier Known As Nuchem Plastics Limited v.M/S Archit Nuwood Industries Pvt Ltd & Ors.
The Delhi High Court issued an order in the trademark dispute between Nuchem Limited and Archit Nuwood Industries. The court granted the defendant an extension of time to file a rejoinder, contingent upon payment of Rs. 25,000/- in costs. Furthermore, the court scheduled both the injunction application (I.A. 7713/2023) and the trademark-related application (I.A. 11949/2023 under Section 124 of the Trademarks Act) for consideration on July 31, 2024.
Meril Italy Srl v.Edwards Lifesciences Corporation
In a significant decision concerning medical device patents, the UPC Central Division rejected revocation actions against EP '825. The patent relates to an advanced prosthetic heart valve with a unique hexagonal cell frame structure designed to prevent leakage. Although Meril Italy Srl initiated the action based on novelty and inventive step arguments, the Court ultimately maintained the patent's validity after considering amendments submitted by Edwards Lifesciences Corporation. This case highlights how procedural conduct, specifically the submission of limitations during proceedings, can determine the outcome of a revocation suit.
Hanshow Technology Co. Ltd v.VusionGroup SA (vormals SES-imagotag SA)
This UPC Appeals Board decision clarifies the procedural rules governing cost determination in complex litigation. The court ruled that even when a party seeks to recover costs related to the appeals process itself, the application must ultimately be filed with and decided by the Court of First Instance. This ruling reinforces the structured nature of the UPC's procedure, ensuring that all final cost determinations follow the established framework (R. 150 ff. VerfO). Practitioners should note this when planning their costs recovery strategy in multi-stage UPC proceedings.
R. & D. S.R.L. v.Controller of Patents and Designs, Government of India
R. & D. S.R.L. appealed the rejection of its Patent Application (No. 8850/CHENP/2012) by the Controller of Patents and Designs. The appellant argued that the impugned order was non-speaking, failing to provide reasons for rejecting the application or disallowing amended claims. The High Court agreed, finding the decision unsupported by adequate reasoning.
Amir Biri Factory And Ors. v.Sk Faruk
The Calcutta High Court disposed of a trademark infringement suit between Amir Biri Factory And Ors. and Sk Faruk after both parties reached a comprehensive settlement agreement. The core of the settlement involves Sk Faruk agreeing to cease using certain disputed marks (like 'JULFIKAR TARE A-1 KHAINI') in connection with goods outside Chewing Tobacco/Khaini, while also accepting modifications to their mark usage. Furthermore, Sk Faruk committed to exhausting existing stock within one month and agreed not to raise further legal claims related to the dispute.
Network System Technologies LLC v.Volkswagen AG, Audi AG, Texas Instruments Incorporated, Texas Instruments Deutschland GmbH
This UPC CFI decision addresses preliminary objections raised by both the claimant (NST) and respondents (VW/Audi, TI). The Court largely rejected motions seeking immediate dismissal of the infringement action as manifestly unfounded. Instead, it applied case management principles to defer complex issues—such as jurisdiction over damages in the UK or patent validity—to the main proceedings. This ruling signals a preference for efficient litigation flow within the UPC system rather than premature termination.
Xiaomi Technology Italy S.R.L. v.Panasonic Holdings Corporation
This decision from the UPC Appeals Court addressed a procedural dispute regarding deadlines for filing pleadings (Duplik) in an ongoing infringement and revocation action. Xiaomi sought discretionary review to overturn a previous ruling that partially denied their request for a deadline extension, arguing inconsistencies across different Local Divisions of the UPC. The court ultimately dismissed the appeal, finding no sufficient grounds to overturn the lower court's procedural decision.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants challenged the Assistant Controller's order rejecting their patent application. The core issue was that the rejection was based on a ground (lack of novelty) which was not included in the initial hearing notice, violating the Principles of Natural Justice. The Court found that since the applicant was deprived of the opportunity to address this specific objection, the impugned order suffered from procedural irregularities.
Meril Life Sciences Private Ltd. v.Edwards Lifesciences Corporation
In a procedural order concerning a revocation action, the UPC Central Division addressed a late counterclaim for infringement filed by Edwards Lifesciences Corporation. Despite the filing missing the two-month deadline set by Rule 49 RoP, the court granted an exceptional retrospective extension of the time limit. The ruling emphasizes that technical malfunctions beyond a party's reasonable control can justify granting such extensions under UPC rules, providing clarity on procedural fairness in complex litigation.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Advanced Bionics AG, Advanced Bionics GmbH, Advanced Bionics Sarl
This UPC decision addressed a procedural application filed by Advanced Bionics to change the language of the infringement action from German to English, citing international business operations and parallel proceedings. The Court rejected this request, holding that strategic choices or internal group coordination do not automatically satisfy the 'reasons of fairness' required for a language change under the UPC Rules of Procedure. This ruling reinforces the principle that procedural requests must demonstrate a concrete disadvantage directly affecting the defense in the specific case, rather than merely reflecting global corporate strategy.
NEC Corporation v.TCL Operations Polska Sp. Z.o.o, TCT Mobile Europe SAS, TCL Industrial Holdings Co., Ltd., TCL Deutschland GmbH & Co. KG, TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd., TCT Mobile Germany GmbH
This UPC decision addresses the admissibility of an intervention by a patent pool administrator (Access Advance LLC) in an infringement and revocation action involving NEC Corporation and various TCL entities. The Court affirmed that such administrators possess a genuine legal interest, despite their involvement being primarily economic (licensing royalties). This ruling is significant for SEP practitioners as it clarifies the standing of patent pool managers in UPC proceedings, allowing them to participate actively to protect their FRAND obligations.
Interdigital Technology Corporation v.Guangdong Oppo Mobile
The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.
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