IP Cases — 2024
6,517 decisions across all jurisdictions
Page 163 of 218 · 6,517 total
Samsung Electronics Co., Ltd et al. v.Secure Wi-Fi LLC
The PTAB denied institution of the IPR petition due to concerns over parallel district court litigation and duplicative efforts. The Board found that the central technical issue remained identical, despite petitioner concessions regarding trial timing.
Samsung Electronics Co., Ltd et al. v.Secure Wi-Fi LLC
Samsung Electronics' IPR challenge against Secure Wi-Fi LLC was denied by the PTAB, despite arguments regarding prior art and claim scope. The Board based its decision on a holistic application of Fintiv factors, finding that the likelihood of trial before the statutory deadline outweighed other considerations.
Samsung Electronics Co., Ltd. et al. v.Secure Wi-Fi LLC
Samsung Electronics sought to invalidate Secure Wi-Fi LLC's patent (9717005) via IPR, alleging obviousness in Wi-Fi network security claims. The PTAB denied institution under 35 U.S.C. § 314(a), finding that factors weighed against proceeding despite the petitioner's arguments.
Novartis Ag v.Natco Pharma Limited
Novartis AG filed a suit against Natco Pharma Limited seeking permanent injunction against the exploitation of its patent (IN 276026) covering Ceritinib. The dispute centered on whether the patent was invalid due to prior art and obviousness, which Natco argued. The court dismissed Natco's application to vacate the existing interim injunction.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India And Another
The petitioner filed a writ petition challenging the validity (vires) of Section 53 of the Patents Act, 1970. The petitioner argues that this section is contrary to Section 11A(7) because it restricts patent subsistence based on the date of application rather than the date of publication. The court addressed preliminary objections regarding jurisdiction and res judicata before adjourning the matter for arguments on merits.
Honasa Consumer Limited v.Registrar Of Trade Marks
The Delhi High Court allowed Honasa Consumer Limited's appeal against the refusal to register its trademark 'THE DERMA CO'. The initial rejection was based on similarity and likelihood of confusion with an earlier cited mark. However, by providing a disclaimer that they only claim rights over the composite mark and not the word 'DERMA', the court accepted the application. This decision highlights how strategic disclaimers can overcome objections in trademark registration proceedings.
Adret Retail Private Limited v.Abhinandan Industries & Ors.
The Delhi High Court issued a detailed order in the ongoing suit concerning alleged trademark infringement and passing off by defendants using the 'KAPIVA' family of marks. The court granted an interim injunction application (I.A. 8103/2024) by directing the execution of local commissioners' commissions at the defendants' premises. This action is crucial for the plaintiff, Adret Retail Private Limited, to gather evidence regarding the alleged counterfeit products and unauthorized use of their registered trademarks in the market.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Frhi Hotels & Resorts S.A R.L. v.Vishwaratna Hotel Pvt Ltd
The Delhi High Court granted an ex parte ad interim injunction in favor of Frhi Hotels & Resorts S.A R.L. against Vishwaratna Hotel Pvt Ltd. The court found that the plaintiff, owner of the well-known trademark 'FAIRMONT', had made out a prima facie case for infringement. This order specifically restrains the defendant from using 'FAIRMONT' or any deceptively similar mark in connection with their hotel properties, including the disputed 'OCTAVE FAIRMONT SUITES'. The ruling underscores the immediate protection available to brand owners against unauthorized use of their trademarks.
Mittal Electronic Industries v.The Registrar Of Trade Marks
Mittal Electronic Industries filed a petition challenging the current registration status of the trademark 'MILTON' (No. 419520). The petitioner contends that despite their historical association with the mark, the proprietorship is now incorrectly listed under an unrelated entity, 'Indian Agencies.' The Delhi High Court issued notice to the Registrar of Trade Marks, prompting a formal inquiry into the ownership and registration details of the trademark.
Progress Maschinen & Automation AG v.AWM S.r.l. and Schnell S.p.A.
Progress Maschinen & Automation AG (PMA) sought ex parte orders to preserve evidence and inspect the premises of AWM S.r.l. and Schnell S.p.A. for alleged infringement of European Patent EP 2726230. After the orders were executed in October 2023, PMA failed to commence proceedings on the merits within the prescribed time limits and only requested access to the expert report in February 2024. The Local Division in Milan held the application for disclosure inadmissible, revoked the provisional measures, ordered restitution of the evidence, and awarded EUR 10,000 in legal fees against PMA.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
The Local Division Munich of the Unified Patent Court issued an order regarding a Rule 9.3 RoP extension request in infringement proceedings concerning EP 3 669 828. The defendants requested a three-week extension of the deadline to file their Statement of Defence, citing the recent change of language of proceedings from German to English. The court rejected the extension request, finding that the defendants failed to substantiate why the one-month period between the language change and the filing deadline was insufficient.
Mohd Shakir v.Gopal Traders And Anr
Mohd Shakir filed a petition seeking rectification of an artistic work titled 'MYA', which was registered under the Copyright Act, 1957. The petitioner claimed that the impugned registration belonging to Gopal Traders copied an earlier artwork owned by a third party in Lebanon and had prior international trademark registrations for 'MYA'. However, the court dismissed the petition, noting that copyright registration is only prima facie evidence of particulars entered therein. Furthermore, the court highlighted the petitioner's own conflicting assertions regarding ownership in previous opposition proceedings, ultimately upholding the validity of the existing registration.
Astra Zeneca Ab v.Natco Pharma Limited
The case involves a dispute regarding the validity of Indian Patent No. 235625, which was held to be prima facie invalid by co-ordinate benches of the court.
Sonani Industries Pvt Ltd v.Prime Diamond Tech & Ors.
Sonani Industries Pvt Ltd challenged a trial court order that allowed its former employees, who formed Prime Diamond Tech, to continue their business activities despite allegations of copyright infringement. The appellant claimed that the respondents were using proprietary drawings and confidential information related to High Pressure High Temperature (HPHT) machines for diamond coloring. However, the Gujarat High Court dismissed the appeal, holding that the claim of a proprietary right is purely a question of fact requiring expert evidence during trial, and thus, no prima facie case warranted an injunction.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The court addressed arguments concerning the maintainability of a writ petition related to the deletion of an amendment in five patent claims. The court noted similar pending decisions on this issue and allowed the interlocutory application (I.A.) to proceed, considering the counter claim filed by the defendant.
Frhi Hotels & Resorts S.A R.L. v.Abdul Rehman & Ors.
The Delhi High Court addressed an injunction application in a trademark infringement suit brought by Frhi Hotels & Resorts S.A R.L. The court accepted the Plaintiff's claim regarding the established goodwill associated with 'FAIRMONT' and 'THE FAIRMONT'. Crucially, Defendant No. 1 agreed to cease using the infringing device mark and domain name 'www.fairmontin.in', leading the Court to grant a temporary injunction and a four-week period for implementation of the changes. The court also extended these directions to Defendants No. 2 and 3.
Castrol Limited v.Vikas Mishra
The Delhi High Court granted an interim injunction in favor of Castrol Limited against Vikas Mishra regarding alleged trademark and trade dress infringement. The court found a prima facie case based on the similarity between Castrol's established global brand and the defendant's use of marks like 'ACTIVE', 'ACFIVE', and 'POWER'. This initial order restrains the defendant from using confusingly similar branding while mandating the disclosure of sales accounts, setting the stage for further litigation.
Kaira District Cooperative Milk Producers Union Ltd & Anr. v.D N Bahri Trading As The Veldon Chemical And Food Product And Anr.
The Delhi High Court allowed a rectification petition filed by Kaira District Cooperative Milk Producers Union Ltd against D N Bahri Trading As The Veldon Chemical, ordering the removal of the respondent's registered mark under Class 32. The petitioner successfully argued that the impugned trademark was either not used continuously for the required period or constituted an infringement/passing off risk given the established reputation and extensive use of the 'AMUL' brand. This judgment reinforces the protection afforded to well-known marks against unauthorized registrations.
AT&T Services Inc. et al. v.ASUS Technology Licensing Inc.
AT&T filed a Director Review request after the PTAB denied institution of its IPR against ASUS. The petition contends the Board misapplied Fintiv factors, ignoring prior art and POSITA testimony.
Ericsson Inc. et al. v.Active Wireless Technologies LLC
Ericsson, Nokia and Active Wireless have settled their dispute over a multicast patent, filing a joint motion to terminate the pending IPR. The Board has not yet decided the merits, and the parties cite public policy and statutory authority to end the review.
Ericsson Inc. et al. v.Active Wireless Technologies LLC
Ericsson and Nokia jointly moved to terminate an IPR over Active Wireless's 5G PUCCH patent after reaching settlement agreements with the patent owner. The Board was asked to end the proceeding because the merits had not yet been decided and public policy favors settlement.
Ericsson Inc. et al. v.Active Wireless Technologies LLC
Ericsson, Nokia and Active Wireless have filed a joint motion to keep their 5G patent settlement materials confidential under applicable statutes. The request cites 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and argues it is timely.
BOE Technology Group Co., Ltd. v.138 East LCD Advancements Limited et al.
BOE Technology Group seeks Director Review of a PTAB institution decision, arguing the Board misapplied obviousness law on two grounds involving Kurashina/Sato and Murade‑109/Murade‑125 references. The petitioner contends that universal motivations and known techniques provide sufficient motivation to combine the references.
AT&T Services Inc. et al. v.ASUS Technology Licensing Inc.
AT&T and other telecom operators seek Director Review after the PTAB denied institution of an IPR against ASUS’s 5G QoS patent, alleging the panel ignored prior‑art disclosures and expert testimony.
Ericsson Inc. et al. v.Active Wireless Technologies LLC
Ericsson and Nokia, together with patent owner Active Wireless Technologies, filed a joint motion to have their settlement agreements kept confidential under statutory provisions, seeking to separate the materials from the public PTAB file.
Ericsson Inc. et al. v.Active Wireless Technologies LLC
Ericsson and Nokia settled with Active Wireless Technologies, leading the PTAB to terminate three inter partes review proceedings. The settlement agreements were also deemed business‑confidential.
AT&T Services Inc. et al. v.ASUS Technology Licensing Inc.
Court decision.
Ericsson Inc. et al. v.Active Wireless Technologies LLC
Ericsson and Nokia settled their IPR disputes with Active Wireless Technologies, leading the PTAB to terminate the three pending reviews and keep the settlement agreements confidential.
BOE Technology Group Co., Ltd. v.138 East LCD Advancements Limited et al.
The USPTO denied BOE Technology’s request for a Director Review of the institution denial of its challenge to U.S. Patent 7,502,079, keeping the original denial in place.
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