IP Cases — 2024
1,677 decisions across all jurisdictions
Page 21 of 56 · 1,677 total
Ortovox Sportartikel GmbH v.Mammut Sports Group AG / Mammut Sports Group GmbH
In this provisional measures case, Ortovox Sportartikel GmbH sought the release of a 500,000 EUR cash deposit previously provided to secure an ex-parte injunction. The claimant successfully argued that she had replaced the cash deposit with a bank guarantee, demonstrating a legitimate interest in exchanging the security due to practical constraints. The court ruled in favor of Ortovox, ordering the release of the funds, thereby establishing clear guidelines on the flexibility of security requirements within UPC proceedings.
10x Genomics, Inc. v.Vizgen, Inc.
In a procedural ruling concerning trade secrets, the UPC granted an order to protect confidential information contained within a licensing agreement (BP 34). The court recognized that the document held commercially valuable business and operational secrets. Consequently, access was strictly limited to the parties' legal counsel ('Outside Attorneys’ Eyes Only'), reinforcing existing protections from parallel US litigation.
Kamlesh Kumar Mehta v.Union Of India; Gini Silk Mills Limited
The Rajasthan High Court addressed a writ petition filed by Kamlesh Kumar Mehta seeking the expeditious disposal of his long-pending trademark registration application for 'GILI' in Class 24. After considering the petitioner's request, the court issued an order directing the Registrar of Trade Marks (Respondent No. 1) to decide Application No. 1779181 within a strict period of eight weeks from receiving the certified copy of the judgment.
M.K. Srinivasan And Another v.Chemsol India And Another
The Delhi High Court granted an interim injunction in favor of M.K. Srinivasan And Another against Chemsol India And Another, finding a prima facie case of trademark infringement. The court recognized that the plaintiffs possess significant goodwill associated with their 'TAURUS' trademarks used for testing and measurement instruments. Consequently, the defendants were immediately restrained from using the infringing marks until the final hearing.
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.
UNILIN BEHEER B.V. v.BALAJI ACTION BUILDWELL
The plaintiff filed a suit seeking a permanent injunction against the defendant for infringing its registered patent related to flooring technology. The case involves the plaintiff's licensing program and the confidentiality of third-party license agreements.
Sandvik Intellectual Property Ab v.Mr. Kalyan Singh & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing their patents, specifically concerning distributor plates and turbo tips compatible with SANDVIK VSI crushers. After initial ex parte orders, the matter was disposed of at a summary stage upon concession by the defendant regarding the injunction.
Dr. Vandana Parvez v.The Controller of Patents Office of Controller General of Patents
The appellants appealed the rejection of their patent application for a method/system related to interactive online digital content. The Controller rejected the application, citing lack of novelty based on prior art D1 (the appellants' own withdrawn application). The Madras High Court set aside the rejection order, finding that citing the appellant's own withdrawn application as prior art was invalid and directing the Patent Office to expunge it from the public domain.
Snowpixie Co., Ltd. v.Golf Tech Golfartikel Vertriebs GmbH
This decision from the Munich Local Division addresses a procedural motion for an extension of deadlines in ongoing infringement and invalidity proceedings (UPC_CFI_244/2024; UPC_CFI_609/2024). The claimant, Snowpixie Co., Ltd., requested additional time due to the temporary health issues of its legal counsel. The court granted this extension until December 27, 2024, provided the counsel can further substantiate their condition on the original deadline date. This highlights the UPC's flexibility in managing procedural timelines when genuine hardship is demonstrated.
Ppc Broadband Inc v.The Assistant Controller Of Patents And Designs
Ppc Broadband Inc filed an appeal challenging an impugned order dated 28.03.2024 which held that its patent application subject matter ('REEL ENCLOSURES') fell under Section 2(1)(ia) of the Patents Act, 1970. The court also addressed applications for exemption from filing documents and condonation of a 55-day delay in filing the appeal.
West Bengal Chemical Industries Limited v.M/s. GTZ (India) Pvt. Ltd.
The petitioner, an API manufacturer, claimed that the respondents were infringing their patents (IN370845 and IN434424) related to Ferric Carboxymaltose. The petitioner sought an interim injunction against the alleged infringement. However, the court dismissed the petition, finding that the petitioner failed to establish a prima facie case for granting the injunction.
M/S Jay Plastic Company & Ors. v.M/S. Gurunanak Enterprises & Ors.
The Delhi High Court issued a significant interim order in the trade dress and trademark infringement suit filed by M/S Jay Plastic Company against M/S. Gurunanak Enterprises. The court granted the plaintiffs' request for an immediate local commission, allowing a Local Commissioner to search the defendants' premises and seize goods bearing deceptively similar packaging and marks (SPARROW vs ARROW). This decisive step allows the plaintiffs to gather crucial evidence of infringement and unfair competition while the main suit proceeds.
M/s.R.K.Gnapathi Chettiar v.G.Saravanan
The Madras High Court closed an Original Petition seeking rectification of a trademark registration after both parties entered into a joint compromise memo. The petitioner, M/s.R.K.Gnapathi Chettiar, successfully secured commitments from G.Saravanan to cease using the disputed mark and take steps within 30 days to cancel Registration No. 3814752 in Class 29. This settlement provides a definitive resolution to the trademark dispute.
KYMAB LIMITED v.The Assistant Controller of Patents & Designs, The Patent Office
The appeal challenged the rejection of Patent Application No. 10716/CHENP/2012, which covered a process for generating antibodies in non-human mammals. The rejection was based on patent ineligibility under Section 3(i) because it was deemed a method of treatment of animals. The High Court held that the claimed invention was not aimed at treating the mice to render them disease-free or increase their economic value, and since antibodies are not intrinsic products like meat or milk, the rejection was unsustainable.
Rupa Gujral & Ors. v.Daryaganj Hospitality Private Limited & Ors.
The Delhi High Court initiated proceedings in a passing off suit concerning the 'Moti Mahal' trademark. The Plaintiffs alleged that the Defendants were misleading the public by associating their restaurants with the Plaintiffs' famous brand, citing misuse of predecessor photographs and marks. While the Defendants vehemently disputed the claims, they offered a conciliatory gesture, committing to remove the disputed photograph from their website without conceding liability. The court proceeded to issue notices for an interim injunction while setting timelines for written statements and framing issues.
Master Arnesh Shaw v.Union Of India & Anr.
The petition addressed the extremely cumbersome and long-drawn process for procuring specialized medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to DMD patients.
Abbott Products Operations Ag v.Mr. Muheen Khan & Anr.
The Delhi High Court allowed the petition filed by Abbott Products Operations Ag to cancel the trademark registration 'DUFAKWIK' (No. 4459400) in Class 05. The cancellation was achieved through a mutual agreement, as both parties agreed that the mark should be removed from the Register without any claim for damages. This order provides a clear example of how IP disputes can be resolved efficiently through negotiated settlements before the court.
Valeo Electrification v.Magna PT B.V. & Co. KG; Magna PT s.r.o.; Magna International France, SARL
In this provisional measures case, Valeo Electrification sought an injunction against Magna entities regarding the rotary electric machine patent EP 3 320 602 B1. The UPC Local Division in Düsseldorf partially granted the application, allowing the defendants to continue their existing supply obligations to BMW provided they furnish a security deposit of EUR 500,000 by November 21, 2024. This decision highlights the court's balancing act between protecting the patent holder's rights and ensuring business continuity for the defendant.
Adama India Private Limited v.FMC Corporation & Anr.
This order addresses multiple suits filed in the Delhi High Court concerning patent infringement. Adama India Private Limited has sought a declaration that its CTPR manufacturing process does not infringe FMC Corporation's patent (IN 298645), while FMC Corporation seeks permanent injunction against Adama India for infringement.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order issued by the Controller of Patents regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on objections concerning lack of novelty, inventive step, and non-patentability under Section 3(k). Google argued that its amended claims introduced differentiating features over the cited prior art.
M/s.Mesmer Pharmaceuticals v.The Registrar of Trade Marks
The Madras High Court set aside the Trade Marks Registry's decision to refuse registration of 'REJUSTAR' in Class 5. The Registrar had cited phonetic similarity to other marks, but the court held that it was premature to determine deceptive similarity based solely on scrutiny under Section 11. Given that the appellant's mark is an invented word and the cited marks were used for different goods or outside India, the matter was remanded back to the Registry for further processing.
AYLO FREESITES LTD v.DISH Technologies L.L.C.
This UPC decision addressed a request for confidentiality protection (Rule 262A) in an ongoing infringement case involving video streaming technology. The court ruled that while the initial broad application of secrecy was rejected, specific access restrictions were granted to protect sensitive information related to the patented embodiments and litigation strategies. This ruling highlights the delicate balance courts must strike between maintaining trade secret integrity and ensuring fair legal proceedings.
Nippon Steel Corporation v.Controller General Of Patents, Designs & Trademarks & Anr.
Nippon Steel Corporation appealed a decision by the Controller General of Patents which refused its patent application for a gas flue repair method and device under Section 3(d) of the Patent Act. The appellant argued that the rejection was arbitrary and violated principles of natural justice because the specific objection (Section 3(d)) was not clearly communicated in the initial hearing notice. The Delhi High Court agreed, finding the impugned order unsustainable due to lack of sufficient reasons. Consequently, the court set aside the refusal and remanded the matter for fresh consideration, mandating a clear delineation of all objections before granting a new hearing.
Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.
Samsung Electronics filed applications seeking intervention to prevent the disclosure of its Patent License Agreement (PLA) dated 1st June, 2014, between Samsung and InterDigital Group Companies. The dispute centered on whether the PLA could be shared with defendants' in-house representatives within a confidentiality club established by the court. The Court ultimately directed that the PLA must be shown to the defendants' representatives, subject to specific restrictions.
Cassiopea Spa v.Assistant Controller Of Patents And Designs
Cassiopea Spa filed an appeal challenging the Assistant Controller's order rejecting its patent application (No. 655/DELNP/2010) under Section 15 of the Indian Patents Act, 1970. The court granted condonation of delay and set out directions for further proceedings in the appeal.
Naveel Danish v.The Registrar of Trade Marks
In this Madras High Court judgment, the court addressed a writ petition seeking direction for the re-examination of Trademark Application No. 55070330. The petitioner sought intervention to compel the Registrar to act on previous representations requesting fresh examination and criminal proceedings. While the initial prayer was broad, the court ultimately directed the Registrar to proceed with fresh orders in accordance with law, ensuring all parties are given a fair opportunity during the process.
Irvinder Laur Chadha v.Garnish Electronics Pvt Ltd And Anr.
The Delhi High Court addressed a rectification petition filed to remove the trademark 'GARNISH'. The court found that the registration had expired on June 4, 2022. Since the statutory grace period for restoration and renewal under Section 25(4) of the Trade Marks Act, 1999, and Rule 60 of the Trade Marks Rules, 2017, had lapsed in 2023, the court directed the Registry to remove the mark. This decision underscores the strict adherence required to maintain trademark registrations.
Hand Held Products, Inc. v.Scandit AG
Hand Held Products sought an injunction against Scandit AG for infringing EP 3 866 051, a patent covering digital scanning devices. The Munich Local Court analyzed the possibility of indirect infringement stemming from the software library. Ultimately, the court denied the request for interim measures, finding that the complexity and variability in hardware/software configuration prevented the necessary certainty required to establish direct liability against the respondent.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an anti-PDGFR alpha antibody, which was rejected under Section 3(c) as being a discovery of a naturally existing molecule. The appellant argued that the antibody was generated through complex hybridoma and recombinant technology involving transgenic mice, making it non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Gold Medal Electricals Pvt Ltd v.Kamal Electricals And Sanitary
Gold Medal Electricals Pvt. Ltd. filed a Leave Petition before the Bombay High Court to initiate a suit against Kamal Electricals and Sanitary regarding trademark infringement. The petitioner sought leave despite having an office in Mumbai, while the defendants were operating outside the court's jurisdiction in Telangana. The court examined the jurisdictional provisions of the Trademarks Act, 1999.
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