IP Cases — 2024
1,677 decisions across all jurisdictions
Page 23 of 56 · 1,677 total
Alexion Pharmaceuticals, Inc. v.Amgen N.V. a.o. (including its subsidiaries and affiliates)
Alexion Pharmaceuticals sought a preliminary injunction against Amgen's biosimilar product, BEKEMV®, which treats paroxysmal nocturnal hemoglobinuria (PNH). The UPC Local Division dismissed Alexion's application for provisional measures. The court ruled that while infringement could be established, the patent's validity could not be proven with sufficient certainty, particularly due to concerns regarding insufficient disclosure of the claims. This decision highlights the high bar required in UPC preliminary injunction proceedings when patent validity is contested.
Natera Inc v.The Assistant Controller Of Patents And Designs
Natera Inc appealed against an order issued by The Assistant Controller of Patents and Designs, which held that its patent application (No. 18/DELNP/2015) was not patentable due to non-compliance with various sections of the Patent Act, 1970. The High Court issued notice and granted time for the respondent to file a reply.
Network System Technologies LLC v.Volkswagen AG
This UPC Court of Appeal decision addresses preliminary objections and requests under R.361 RoP concerning infringement actions involving automotive technology patents. The court clarified that R.361 procedures are limited and not suitable for comprehensive factual disputes, emphasizing that detailed claims with lists of similar infringing embodiments do not automatically render an action 'manifestly bound to fail.' This ruling provides guidance on the scope of early procedural challenges in UPC litigation.
Ranjit Prasad Mathuri v.Gopal Choudhary & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of the plaintiff, Ranjit Prasad Mathuri, against the defendants. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning his 'GS GULAB BIDI 755' mark. This immediate relief restrains the defendants from manufacturing or dealing in bidis using marks identical or deceptively similar to the plaintiff's registered trade mark, pending further proceedings.
Bhimavaram Community Network Bcn v.M/S Super Cassettes Industries Pvt. Ltd.
The petitioner challenged the dismissal of its application under Order VII Rule 11 CPC in a commercial suit filed by the respondent. The core dispute involved allegations that the petitioner was infringing the respondent's copyright by removing/overshadowing the 'T-Series' Logo while broadcasting content. The court ultimately dismissed the petition, finding no patent perversity in the Trial Court's decision.
VusionGroup SA (vormals SES-imagotag SA) v.Hanshow Technology Co. Ltd, Hanshow France SAS, Hanshow Germany GmbH, Hanshow Netherlands B.V.
VusionGroup SA appealed a decision rejecting its application for provisional measures against Hanshow Technology regarding EP 3883277, which covers electronic price labels. The UPC Board of Appeal found that the products manufactured by Hanshow did not meet all the technical requirements defined in the patent claims. As a result, the appeal was dismissed, confirming the initial rejection and holding VusionGroup liable for legal costs.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Ltd., Meril Gmbh
Edwards Lifesciences successfully sued Meril Life Sciences in the UPC Local Division Munich regarding infringement of its patented SAPIEN 3 transcatheter heart valve. The court found infringement and issued a comprehensive order, including the destruction of infringing devices and substantial preliminary damages. This ruling reinforces the strength of patent rights within the Unified Patent Court system, particularly for critical medical technologies like TAVI.
Gopaljee Foods v.Subhash Chand & Ors.
In Gopaljee Foods vs Subhash Chand & Ors., the Delhi High Court addressed ongoing trademark disputes, noting that an ex-parte ad interim injunction previously granted in favor of the petitioner regarding trademark infringement had been confirmed by a Coordinate Bench. The court also noted attempts by respondents to revive abandoned trademarks and make changes to user dates, requiring them to place supporting documentation on record for further consideration.
Pataka Industries Private Limited v.Jyoti Dewani
The Madhya Pradesh High Court granted an interim injunction in favor of Pataka Industries Private Limited against Jyoti Dewani. The court noted that the appellant had previously benefited from an injunction and allowed the application, restraining the respondent from using the trademark '502 Pataka' on any product or label until further orders. This decision reinforces the protection afforded to established trademarks.
Sagar Ratna Restaurants Pvt Ltd v.Shree Shubh Rathnam Associates And Ors
In an amicable settlement reached before the Delhi High Court, Sagar Ratna Restaurants Pvt Ltd secured a decree against Shree Shubh Rathnam Associates. The parties agreed that the defendants would transition their seven existing 'Sagar Express' outlets into franchisees under Sagar Ratna's brand. Crucially, the defendants committed to surrendering the 'Sagar Express' trademark and agreeing not to use any similar names in the future, effectively resolving long-standing trademark infringement disputes.
A.D.Padmasingh Isaac & M/s.Aachi Masala Foods Private Limited, M/s.Flora Foods v.Karaikudi Aachi Biriyani Mandi, Zomato Limited, Swiggy India
The Madras High Court addressed a suit filed by A.D. Padmasingh Isaac and associated entities alleging trademark infringement and passing off by Karaikudi Aachi Biriyani Mandi, alongside online platforms Zomato and Swiggy. The plaintiffs sought permanent injunctions against the use of deceptively similar names like 'KARAIKUDI AACHI BRIYANI MANDI' and mandatory orders to remove these listings from digital platforms. While the judgment details the extensive claims for injunctions and removal, it does not provide a final conclusive ruling on all reliefs in this excerpt.
Paulsons Beauty And Fashion Private Limited v.Jona'S Cafe
The Madras High Court ruled in favor of Paulsons Beauty And Fashion Private Limited, finding that Jona'S Cafe was infringing upon its registered trademark 'JONAH'S' and engaging in passing off. The court determined that the defendant's use of 'JONA'S,' despite a minor alteration, was deceptively similar to the plaintiff's well-known mark, especially given their proximity and identical business sector (food chain). Consequently, the court granted permanent injunctions and directed the defendant to pay damages based on profits earned.
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.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act. The High Court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation regarding the amendments. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Future Bath Products Private Limited v.Corza International & Ors.
This Delhi High Court order addresses an application filed by Corza International challenging the validity of Future Bath Products' trademark 'CORSA'. The defendants argue that the plaintiff has failed to use the mark for goods in Class 11, citing Section 47 of the Trade Marks Act. The court issued notice and set timelines for both parties to file their respective replies and rejoinders before proceeding with the matter.
Industria De Diseno Textil, S.A. v.Registrar Of Trade Marks & Anr.
Industria De Diseno Textil, S.A. appealed the Registrar of Trade Marks' decision dismissing an opposition against a similar mark (ZORA). The appellant argued that the use of ZORA by a bag manufacturer would exploit the goodwill and reputation of their well-known trademark, ZARA, particularly in relation to textiles. While the court granted procedural relief regarding delay condonation and exemption from filing copies, it issued notice to the opposing party (Respondent No. 2) to file a reply, indicating that the substantive dispute over trademark infringement and passing off is yet to be decided.
Gurcharan Singh v.The Controller Of Patents
Gurcharan Singh filed an appeal challenging the Controller of Patents' order which dismissed his Review Petition. The initial application for condonation of 150 days delay was allowed by the High Court, and the main appeal was listed for further proceedings.
E.R.Squibb & Sons Llc v.Union of India
International pharmaceutical companies (Petitioners) challenged the recommendations of the Opposition Board regarding their granted patent. They argued that the Board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by them under Rule 60, due to inaction by the Patent Controller.
Waterotor Energy Technologies Inc. v.Union Of India & Anr.
The petitioner filed a writ petition seeking to set aside an order deeming abandonment of its Indian Patent Application (No. 202017037539) under Section 21(1) of the Patents Act, 1970. The petitioner claims they received no information regarding the response deadline for the first examination report and that the failure was due to lack of communication from the Second Patent Agent (SPA).
President And Fellows Of Harvard College v.Controller General Of Patents Designs and Trademarks
The dispute involves President and Fellows of Harvard College challenging the rejection of their patent application for 'non-native' pancreatic beta cells used in diabetes treatment. The Controller General objected primarily on grounds related to Section 3(j) of the Patents Act, 1970, arguing that any cell product originates from an animal source. The court directed both parties to file a brief note clarifying the patentability of these 'non-native' cells and reviewing relevant precedents before proceeding with other objections.
Genmab A/S v.Assistant Controller of Patents and Designs, Government of India
Genmab A/S appealed the rejection of its patent application (No. 4718/CHENP/2007) for a monoclonal antibody targeting human CD38. The respondent argued that the antibody was merely a discovery of a naturally existing molecule, thus ineligible under Section 3(c). The High Court set aside the rejection, finding that the antibody was produced through substantial human intervention and possessed inventive step.
Koninklijke Philips N.V. v.Belkin GmbH, Belkin Limited, Belkin International, Inc., Stephen George Edrich, Cooper Marc Gary, McKenna Paul John
In this UPC case, Koninklijke Philips N.V. sued Belkin and associated entities for infringing its patent EP 2 867 997 B1 concerning wireless inductive power transfer systems. The court ultimately dismissed the infringement claim, finding no violation of the patent by the defendants' products. Furthermore, the defendants' counterclaims seeking to invalidate the patent were also rejected. This decision reaffirms the scope and validity of the asserted technology while concluding that the specific accused products do not meet the criteria for infringement.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company et al.
This UPC Court of Appeal decision addressed an application for provisional measures concerning a monoclonal antibody used to treat rare diseases like PNH. The core dispute revolved around the interpretation and validity of the patent claims, specifically regarding amino acid sequences. The court ruled that the claim was insufficiently disclosed because the full sequence did not possess the claimed therapeutic activity, leading to the rejection of Alexion's appeal.
Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India
Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, which had rejected it on the grounds that the invention was a method of treatment, making it unpatentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the claim described an in vitro method of selecting T-cell lines, not a direct method of treating a patient. The Madras High Court agreed with this distinction, finding that the rejection was based on an erroneous application of law to the facts. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by a different Patent Controller.
Medilabo Rfp Inc v.The Controller Of Patents
Medilabo Rfp Inc filed an appeal challenging the Assistant Controller's refusal of its patent application (no. 202117034705) under Section 3(i) of the Patents Act, 1970. The court first condoned a delay of 12 days in filing the appeal and subsequently issued notice to the respondent for submission.
Abbott Diabetes Care Inc. v.Sibio Technology Limited; Umedwings Netherlands B.V.
In this procedural order, the UPC Court of Appeal addressed requests concerning auxiliary claims and deadlines in a provisional measures appeal involving Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. The court ultimately rejected Abbott's attempts to disregard the Respondents' request for an extension of time. This decision highlights the court's careful balancing act between parties' interests, particularly when new procedural requests are introduced late in proceedings.
Nymox Corporation v.Assistant Controller Of Patents And Design
Nymox Corporation filed an appeal challenging the order passed by the Assistant Controller of Patents and Designs rejecting its patent application. The rejection was based on grounds related to novelty, inventive step, and subject matter limitations under the Patents Act, 1970.
Purshotam Keshwani & Ors. v.Nishant Mitrasen Mahimtura & Ors.
The Delhi High Court addressed an application regarding alleged non-compliance with a prior injunction restraining the use of the trademark 'LIBAS'. The court clarified that while the defendants were previously granted a limited, temporary exception allowing them to use a specific logo format ('RIYAZ GANGJI' in bold with 'LIBAS' underneath), this pro tem arrangement did not supersede the original comprehensive injunction. The court directed the parties to engage in settlement talks regarding any alleged violations of the standalone mark 'LIBAS', setting a date for compliance.
Dolby International AB v.HP Deutschland GmbH, HP Inc., HP International SARL, HP Austria GmbH, HP France SAS, HP Belgium SPRL, HP Inc Danmark ApS, HP Finland Oy, HP Italy S.r.l., Hewlett-Packard Nederland BV, HP PPS Sverige AB, HPCP – Computing and Printing Portugal, Unipessoal, Lda., Hewlett-Packard d.o.o., Hewlett-Packard Luxembourg SCA, HP Inc Bulgaria EOOD
In a procedural ruling concerning the dispute over EP 3 490 258 B1, Dolby International AB withdrew its infringement claim against various HP entities. Concurrently, the defendants successfully had their counterclaim for revocation withdrawn. The court formally terminated both proceedings based on the mutual agreement of the parties. This case highlights how strategic settlement and procedural agreements can lead to the early termination of complex UPC litigation.
Gujarat Cooperative Milk Marketing Federation Limited & Anr. v.Smt Krishnaben Dipesh Gol & Ors.
The Delhi High Court granted a significant victory to Gujarat Cooperative Milk Marketing Federation Limited, directing the cancellation of a deceptively similar 'AMUL' trademark registered by the respondents in Class-06. The court recognized AMUL as a well-known trademark entitled to high protection across classes, thereby preventing unauthorized use and protecting the brand's integrity. This ruling reinforces the robust legal standing of established national brands against subsequent registrations.
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