IP Cases — 2024
1,677 decisions across all jurisdictions
Page 20 of 56 · 1,677 total
C-KORE SYSTEMS LIMITED v.NOVAWELL
This procedural order addressed an application for review filed by Novawell against a prior evidence preservation (saisie) order initiated by C-Kore Systems Limited regarding EP2265793. Novawell challenged the legality of the seizure, particularly questioning its compliance with French national law and UPC procedures. The Paris Local Division upheld the original order, ruling that the combination of a court-appointed expert and a bailiff satisfied all legal requirements and protected the rights of defense.
Oxular Limited v.The Assistant Controller of Patents and Designs
Oxular Limited appealed against the Assistant Controller's refusal to grant an Indian Patent Application (No. 201817034819). The appellant argued that the invention disclosed a substantial technical advancement and economic significance, fulfilling the necessary criteria.
EDWARDS LIFESCIENCES CORPORATION v.MERIL LIFE SCIENCES PVT LIMITED
In this procedural order, the UPC addressed a request by the Defendants to stay infringement proceedings pending the outcome of an opposition filed at the EPO. The Court rejected the application, emphasizing that the primary legal basis for such a stay requires the expectation of a rapid final decision from the EPO. Given the likelihood of appeals following the opposition, the court determined that the condition for staying the case was not met, allowing the infringement action to proceed.
Ms Dolphin International Pvt. Ltd. v.Vinod Kumar Khatri
The plaintiff, an export company, filed a suit against its former employee, Vinod Kumar Khatri, alleging that he breached his employment contract by disclosing confidential business secrets and client information to a competitor. The plaintiff sought damages of Rs. 7,50,000/- for the alleged irreparable loss.
Man Truck Bus Se v.Assistant Controller Of Patents Designs
The appellant, a commercial vehicle manufacturer, appealed the Assistant Controller's decision rejecting its patent application. The appeal argued that the Controller ignored foreign patents filed by the appellant and violated natural justice by relying on prior art (D5) during the hearing which was never included in the initial notice.
Idemia Identity & Security France v.The Controller General of Patents, Designs & Trademarks
Idemia Identity & Security France challenged a rejection order issued by the Controller General of Patents, which denied patent protection for its invention related to 'Cryptography on a simplified elliptical curve'. The respondents argued that the invention was merely a mathematical formula or business method, thus falling under Section 3(k) of the Patents Act. However, the Madras High Court quashed the rejection order, finding it arbitrary and non-speaking because the respondents failed to address key contentions raised by the appellant regarding its technical contribution.
M/s.Shaktiman Equipments Private Limited v.Union of India
The Madras High Court dismissed the writ petition filed by M/s. Shaktiman Equipments Private Limited, upholding an earlier order from the Ministry of Corporate Affairs (MCA). The core dispute involved the use of the identical trade name 'Shaktiman' by both parties. The court affirmed that since the respondent company held extensive and long-standing trademark rights for 'Shaktiman,' its continued use by the petitioner was contrary to corporate incorporation rules, regardless of differences in product categories.
F.Hoffmann-La Roche Ag v.Deputy Controller of Patents and Designs, Government of India, Patent Office
F.Hoffmann-La Roche Ag challenged the refusal of its patent application by the Deputy Controller of Patents and Designs, citing technical objections and procedural issues. The High Court found that the significant delay between the hearing and the issuance of the refusal order was arbitrary and lacked confidence.
Vellaisamy Thavamani Pandi v.The Controller of Patents & Designs
The appeal challenged an order dated 28.11.2018 passed by the Controller of Patents & Designs, which refused to grant a patent for 'System for construction of composite U shaped reinforced girders bridge deck' under Section 3 of the Patents Act, 1970. The appellants argued that the refusal was arbitrary because the respondent failed to consider their foreign patents and made contradictory findings regarding inventive step.
Amit Sood v.Union Of India And Ors.
The Delhi High Court ruled in favor of Amit Sood, granting cancellation of the mark 'ROSHAN' (No. 1324435) registered by the respondents under Class 42. The court found that the petitioner was the prior adopter and user of the name since the 1960s, establishing extensive goodwill in the photography sector. This judgment underscores the principle that prior use and established reputation outweigh subsequent trademark registration when seeking cancellation.
Vifor International Ltd & Anr. v.MSN Laboratories Pvt Ltd & Anr., Corona Remedies Pvt Ltd, Dr Reddys Laboratories Ltd
Vifor International Ltd challenged an interim injunction order that restricted its patent claims by interpreting product-by-process claims as limited only to the specific manufacturing process. The Delhi High Court addressed this significant issue, clarifying that the scope of a patent claim cannot be unduly narrowed merely because it is described using a 'product-by-process' format. The court emphasized that claim construction must define the full scope of protection granted by the patent, allowing the suit proceedings to continue based on this clarified legal position.
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.
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
Oerlikon Textile successfully sued Bhagat Textile Engineers for infringing its patent covering a false twist texturing machine. The Milan Local Division found infringement and issued an injunction prohibiting the sale and promotion of the infringing machine in Italy and Germany. Furthermore, the court imposed a penalty of 12,000 Euro per violation episode and awarded Oerlikon interim damages of 15,000 Euro.
Novenco Building & Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The plaintiff filed a civil suit alleging infringement of its patents and design rights concerning axial fans. The defendants moved an application seeking rejection of the plaint on the ground that the suit was barred by law because the plaintiff failed to comply with mandatory Pre-Institution Mediation under the Commercial Courts Act, 2015.
Anupam Saxena v.Shiv Verma Trading As Marksons Herbal Life & Ors.
The Delhi High Court granted an interim injunction in favor of Anupam Saxena against Shiv Verma Trading As Marksons Herbal Life & Ors. The court found that the plaintiff's brand 'ADIBASI Hair Oil,' along with its distinctive trade dress and packaging, constitutes a valid registered trademark and original artistic work under copyright law. Consequently, the defendants were restrained from manufacturing or selling products deceptively similar to ADIBASI until the final hearing, protecting the plaintiff's market reputation.
Castrol Limited v.Rajasekhar Reddy Byreddy, Trading As Sri Karthikeya Traders
Castrol Limited filed a suit against Rajasekhar Reddy Byreddy for trademark infringement concerning engine oils and lubricants. The court examined the deceptive similarities between Castrol's trademarks, including 'CASTROL' and its associated devices, and the defendant's products, which used similar packaging and marks like 'CRYSTAL'. Despite the defendant making minor changes to their marks during the pendency of the suit, the court found these alterations did not negate the infringement.
Waterotor Energy Technologies Inc v.Union Of India & Anr.
The petitioner filed a petition seeking to set aside a deemed abandonment notice issued by Respondent No. 2 concerning Indian Patent Application No. 202017037539. After reviewing submissions and noting the lack of reply from respondent no. 2, the court directed both parties to file their short notes of submissions.
The Polo/Lauren Company L.P v.M/s Royal Classic Mills Private Limited
The Madras High Court addressed a petition filed by The Polo/Lauren Company L.P seeking to remove an alleged infringing trademark, 'CLUB LINE BY CLASSIC POLO,' registered under No. 1236106 in Class 25. However, the court noted that the first respondent (M/s Royal Classic Mills Private Limited) had already filed a formal application (TM-P dated 22.04.2024) to cancel this specific trademark registration. Consequently, the High Court closed the petition, confirming that the objective of the petitioner was achieved through the action taken by the respondent.
Hybridgenerator ApS v.HGSystem ApS, Rune Eilertsen, Infotech Holding ApS, Infotech Concept ApS, HGSystem Holding ApS
This UPC decision concerns the confirmation of an ex parte order for evidence preservation related to EP 4 238 202 B1 (hybrid generators). The court reviewed whether the initial measure should be upheld or revoked, particularly after procedural delays. By confirming the original order, the court affirmed that the applicant provided adequate justification and material to warrant the scope of the provisional measures.
Ht Media Limited & Anr. v.Hindustan Live News & Ors.
The Delhi High Court granted a temporary injunction in favor of Ht Media Limited against Hindustan Live News, finding a prima facie case of trademark infringement, passing off, and unfair competition. The court restrained the defendant from using identical or deceptively similar marks like 'HINDUSTAN LIVE NEWS' and directed Meta Platforms Inc. (Facebook/Instagram) and Google LLC (YouTube) to immediately remove infringing content. This ruling underscores the judiciary's willingness to protect established brand goodwill in the digital media space.
M/s.Chaitanya Food Product v.M/s.Honey Food Products
The Madras High Court dismissed the Original Petition (TM) No.277 of 2023 after the petitioner, M/s.Chaitanya Food Product, sought permission to withdraw the case. The dispute concerning the registered service mark No.3091641 was reported as settled between the parties. This outcome highlights how parties can resolve trademark disputes outside of a full judicial ruling.
Eastman Auto And Power Limited v.Shreejee Power Systems Llp
In a Delhi High Court case concerning trademark infringement and passing off, Eastman Auto And Power Limited successfully reached a settlement with Shreejee Power Systems Llp. The Defendant agreed to permanently cease using the disputed mark 'EASTON' in association with batteries and solar inverters, acknowledge the Plaintiff's rights in 'EASTMAN', and undertake specific actions including filing for cancellation of one registered mark and rectification of another. The suit was subsequently disposed of on these consent terms.
Bawa Masala Co Pvt Ltd v.Bawa Masala Co & Anr.
The Delhi High Court addressed an appeal challenging the Trademarks Office's decision regarding the abandonment of an opposition. The core issue was whether service effected via email to a correct address constituted sufficient legal notice, allowing the opposition timeline to begin. Despite arguments that sending an email is a recognized mode of service, the court ruled that mere dispatch creates only a presumption, which can be rebutted by the recipient demonstrating non-receipt. Since the opponent successfully proved they never received the counter statement, the appeal was dismissed.
M/s Architectural Solution and Production v.Sandeep Kumar Jangid Trading as M/s Bhavishya
The plaintiff filed a suit alleging illegal acts of infringement, piracy, passing-off, and unfair trade competition against the defendant regarding its registered design. The plaintiff is involved in manufacturing and trading lamps and LED lights. The court passed a summary judgment in favor of the plaintiff.
Pt Tech, Llc v.The Controller Of Patents, Designs And Trademarks And Anr.
Pt Tech, Llc challenged the actions of The Controller of Patents, Designs and Trademarks in accepting a counter statement beyond the statutory period under the Trade Marks Act, 1999. The Delhi High Court addressed the petitioner's concerns regarding procedural violations related to evidence filing. Crucially, the court directed that the proceedings concerning opposition application no. 1307531 shall remain suspended until the next hearing date, providing temporary relief to the petitioner.
Techpolymers Industria E Comercio Ltda v.The Deputy Controller of Patents and Designs, The Patent Office
The appellant challenged the rejection of its patent application by the Controller, which cited lack of inventive step and objected to an amendment under Section 59. The High Court found that the Controller failed to consider the explanations regarding prior art and misinterpreted the substance of the amended claim. Consequently, the appeal was allowed and remanded for fresh consideration.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India
The petitioner challenged the constitutional validity of Section 53 of the Patents Act, 1970, arguing that since full patent rights only commence upon grant, counting the twenty-year term from the date of application is contradictory. The respondents argued that both sections operate at different stages and are compliant with international obligations like TRIPS Agreement. The Court ultimately held that Section 53 is intra vires the Constitution.
Netgear Inc. v.Huawei Technologies Co. Ltd.
This procedural order in the UPC case UPC_CFI_152/2024 involves Netgear (claimant) and Huawei (respondent). The court addressed two key procedural matters: incorporating a relevant Qualcomm license agreement from a prior infringement case into the current non-infringement determination, and assigning an expert judge. The decision emphasizes judicial efficiency by linking proceedings and utilizing specialized expertise to handle complex cross-case issues.
Martin Lionel v.BITZER Electronics A/S
This UPC decision addressed a procedural request by an individual seeking public access to various documents related to a patent revocation action. The judge-rapporteur rejected the application, clarifying the scope of document disclosure under the Rules of Procedure (RoP). The ruling emphasizes that 'written pleadings and evidence' must be lodged by parties to qualify for Rule 262(1)(b) access, excluding internal Registry communications or court orders.
Phillip Morris Products S.A. v.Assistant Controller Of Patents And Design
Phillip Morris Products S.A. filed an appeal before the Delhi High Court challenging the Assistant Controller of Patents and Designs' order dated January 24, 2024, which rejected their patent application (No. 201617026827) under Section 3(b) of the Patents Act, 1970. The court granted an exemption request while directing parties to file written submissions.
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