IP Cases — 2024
1,677 decisions across all jurisdictions
Page 26 of 56 · 1,677 total
Curio Bioscience Inc. v.10x Genomics, Inc.
This UPC Court of Appeal decision clarifies the procedural application of confidentiality rules (R. 262A RoP) during appeal proceedings. The court held that if information was already protected by a CFI order, parties do not need to file redundant requests for protection in the appellate phase. This streamlines litigation by preventing duplication of protective measures.
SRMB Srijan Private Limited v.Grihashakti Private Limited
The Calcutta High Court granted a temporary injunction in favor of SRMB Srijan Private Limited against Grihashakti Private Limited. The court found that the respondent was grossly violating the terms of a franchise agreement by misusing the petitioner's 'SRMB' trademark and brand, logo, and trade dress while manufacturing TMT Steel Bars without adhering to required standards. Given the urgency and apprehension of further misuse, the court restrained the respondent from using the marks or selling related products until November 30, 2024.
Volkswagen AG v.Network System Technologies LLC
This UPC decision addressed applications seeking security for legal costs, filed by the US-based defendant Network System Technologies LLC against Volkswagen AG and Audi AG. The Court rejected the request, emphasizing that while access to justice is crucial, the burden of proof rests on the applicant to demonstrate a genuine risk that cost reimbursement would be impossible or severely difficult. The ruling reinforces the principle that general concerns about foreign judgment enforcement are insufficient grounds for requiring security.
R.Vishnu Prasad v.The Controller of Patents, The Patent Office
The appellant filed an appeal challenging the order that his patent application was deemed abandoned due to a four-day delay in responding to the First Examination Report (FER). The appellant argued that the delay was minor and attributable to a clerical error. The High Court found the reasons acceptable, noting the minimal delay and the Controller's failure to properly address the Rule 137 application.
Lakshay Agarwal v.Union Of India & Anr.
The petitioner raised concerns regarding the extremely cumbersome and long-drawn process for procuring specialized medicines on a patient-to-patient basis. The court directed M/s. Sarepta Therapeutics to place on record the general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD medicines.
M/s Biocon Switchgear (P) Ltd v.Akshay Uttamchand Jain Trading As Micon Industries
The plaintiff, Biocon Switchgear (P) Ltd., filed a suit alleging that the defendants were manufacturing and marketing goods using the deceptively similar trademark 'MICON', infringing upon the plaintiff's registered trademark 'BIOCON'. The court found that the resemblance was close enough to constitute passing off and infringement.
Casablanca Apparels Pvt Ltd v.Polo Lauren Company Lp & Anr. & Anr.
The Delhi High Court dismissed a rectification petition filed by Casablanca Apparels against Polo Lauren's trademark 'POLO'. The court held that since an application challenging the mark's validity (under Section 124) was already pending before the Trial Court, the current rectification petition was not maintainable at this stage. This ruling emphasizes the procedural hierarchy between concurrent proceedings in civil suits and intellectual property rectification actions.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed an order by the Deputy Controller refusing to grant a patent for a Divisional Application. The refusal was based partly on the timing (filing after original patent grant) and lack of distinctiveness. The High Court quashed the order, finding that the timing issue was not proven against the appellant and that principles of natural justice were violated.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A has filed an appeal challenging the Assistant Controller's order refusing to grant a patent for its application (No. 201617028283). The refusal was based on the ground that the invention is not patentable under Section 3(b) of the Patents Act, specifically concerning E-cigarettes.
R C Plasto Tanks And Pipes Pvt. Ltd v.M/S. Navnath Pipes
The plaintiff, R C Plasto Tanks And Pipes Pvt. Ltd., claimed that the defendant, M/S Navnath Pipes, was infringing its distinctive trademark 'PLASTO/' in relation to plastic pipes and fittings. The dispute arose when the plaintiff discovered the defendant using a deceptively similar mark for manufacturing and selling impugned goods.
Arkyne Technologies S.L. v.Plant-e Knowledge B.V.
This UPC decision addresses an application for the protection of confidential information (a 'confidentiality club' request) within ongoing infringement proceedings. Arkyne Technologies S.L. successfully argued that its experimental data regarding Bioo Panels constituted a protected trade secret. The court granted this request, establishing strict access controls and imposing significant penalty payments for any breach of confidentiality.
Pidilite Industries Limited v.Astral Limited (Formerly known as Resinova Chemie Limited)
Pidilite Industries Limited filed an interim application alleging that Astral Limited was infringing its registered design for the M-SEAL PV SEAL container. The plaintiff claimed originality in the shape and configuration of the container, which is used for solvent cement products. The court found a prima facie case for infringement and granted an ad interim injunction against the defendant's use of similar containers.
V.P. Nandakumar and Manappuram Finance Limited v.Jayashree
In a dispute over the 'MANAPURAM' trademark, V.P. Nandakumar and Manappuram Finance Limited successfully reached a settlement with Jayashree before the Madras High Court. The parties agreed that the Petitioner has prior rights to the mark and that the Respondent will cancel her existing registration (No. 5109630) and transfer associated domain names within ten days. This compromise resolves the petition seeking removal of the infringing trademark entry.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The Plaintiffs (F- Hoffmann -La Roche Ag) filed an application seeking the constitution of a Confidentiality Club. The Defendant (Zydus Lifesciences Limited) argued that access should be contingent upon preliminary findings regarding the identity of the biosimilar to the innovator drug. The Court directed both parties to submit their proposed members for the confidentiality club.
Malikie Innovations Ltd. v.Nintendo of Europe SE
This preliminary order addressed a procedural issue in an infringement action brought by Malikie Innovations Ltd. against Nintendo of Europe SE regarding patent EP2579551. The Claimant sought to correct the name of Defendant 1 from 'Nintendo of Europe AG' to 'Nintendo of Europe SE', as the latter succeeded the former. The Court granted this rectification, confirming that no unreasonable prejudice was caused because the successor company had taken over all assets and business premises.
Puma Se v.Sh Jugal Kishore Jain T/A M/S Ashish Jain Textile Mills (Regd) and Anr.
The Delhi High Court ruled in favor of Puma Se, ordering the cancellation and removal of two trademarks ('and/PUMAXE (Label)') registered by Sh Jugal Kishore Jain T/A M/S Ashish Jain Textile Mills. The court found that the impugned marks were deceptively similar to Puma's prior and well-known 'PUMA' trademark, which is associated with identical goods (clothing, footwear). Furthermore, the court noted a lack of continuous use by the respondent for one of the marks, reinforcing the grounds for rectification under the Trade Marks Act.
E.R.Squibb & Sons Llc and Ono Pharmaceutical Co. Ltd. v.Union of India, The Controller of Patents & Designs, Zydus Healthcare Limited
The petitioners, international pharmaceutical companies, challenged the recommendations of the Opposition Board regarding their granted patent (IN340060). They argued that the board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by the petitioners. The court found that the Controller's failure to pass orders on procedural applications led to an incomplete scrutiny, thus vitiating the recommendations.
TEXPORT Handelsgesellschaft mbH v.Sioen NV
This UPC CFI order addressed a preliminary objection raised by Sioen NV, challenging the jurisdiction of the Unified Patent Court over infringement proceedings concerning EP2186428. Sioen argued that parallel national court actions, including revocation and non-infringement claims in Belgium, required the UPC to decline jurisdiction under Brussels I Regulation rules. The Court rejected these arguments, finding no sufficient grounds to stay or dismiss the case. This decision reinforces the UPC's competence in handling infringement cases even when related validity challenges are pending nationally.
Dr. Reddys Laboratories Limited v.Zeelab Pharmacy Pvt Ltd
The Delhi High Court granted an ex-parte ad interim injunction in favor of Dr. Reddys Laboratories Limited against Zeelab Pharmacy Pvt Ltd. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'OMEZEE' and 'OMEZEE-DM' for pharmaceutical products similar to the plaintiff's established mark 'OMEZ'. This immediate relief prevents the defendant from continuing manufacturing or marketing the infringing products until the full trial.
Mcnroe Consumer Product Pvt. Ltd. v.Idam Natural Wellness Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Mcnroe Consumer Product Pvt. Ltd., a leading FMCG manufacturer, against its defendants regarding alleged trademark infringement and disparagement. The court found that the Plaintiff's distinctive trade dress and registered mark 'SECRET TEMPTATION' were being referenced negatively in an advertisement. Consequently, Defendant No. 1 was restrained from broadcasting the impugned video, and Defendant No. 2 (YouTube) was directed to block/takedown the offending content.
Hindustan Unilever Limited v.Balaji Soap Factory
Hindustan Unilever Limited filed a Commercial IP Suit against Balaji Soap Factory regarding the infringement of its artistic work, specifically the VIM label. The parties reached a settlement agreement before the court on February 1, 2024.
Sumi Agro Europe Limited v.Syngenta Limited
This UPC Court of Appeal decision addresses a procedural matter concerning the translation requirement for evidence in appeal proceedings. Syngenta requested that a specific document, Exhibit FF25, not be translated into English. The court reviewed the relevant Rules of Procedure (RoP) and ultimately granted the request. The ruling clarifies the discretionary power of the Court of Appeal regarding language requirements when parties submit documents during appellate stages.
M-A-S Maschinen- und Anlagenbau Schulz GmbH v.Altech Makina Sanayi ve Ticaret Anonim Sirketi
In this procedural ruling, the Düsseldorf Local Court addressed the validity of serving a statement of claim at an international trade fair. The court affirmed that a temporary business presence, such as a booth at a major exhibition, qualifies as a valid place for service of process under UPC rules. This decision is significant for patent practitioners involved in cross-border litigation, confirming practical methods for initiating proceedings against foreign entities.
Gala Precision Engineering Limited v.Nord Lock Ab
Gala Precision Engineering Limited filed suits seeking a declaration that its manufacturing and sale of washers does not infringe Nord Lock Ab's patent. The court noted that the issues raised by the plaintiff are also subject matter in another suit filed by Nord Lock Ab (CS(COMM) 895/2023).
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The High Court found the original order cryptic, noting that it failed to discuss prior arts or address specific submissions made by the appellant regarding synergistic effects and foreign patents. Consequently, the appeal was allowed, and the matter was remanded for fresh scrutiny.
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
The plaintiff filed a suit claiming infringement of Patent 369150, which covers a novel process for extracting Alpha Yohimbine. The plaintiff sought an interim injunction to stop the defendants from using or manufacturing the subject compound. However, the court noted evidence presented by the defendants showing they were already manufacturing the compound through a similar process prior to the patent application date.
Appellant v.Amycel LLC
This UPC Court of Appeal decision addressed an appeal challenging a provisional measures order, but ultimately focused on procedural compliance regarding court fees. The Appellant failed to pay the required remainder and penalty fees after being ordered to provide evidence of his small enterprise status. Consequently, the Court issued a decision by default against the Appellant, dismissing the appeal. This case highlights the strict adherence UPC courts maintain to procedural deadlines and financial obligations.
M/S.Kaleesuwari Refinery Pvt. Ltd. v.Sri Durgai Oil Stores
M/S.Kaleesuwari Refinery Pvt. Ltd. filed a civil suit against Sri Durgai Oil Stores alleging infringement of its 'Gold Winner' trademark and copyright related to edible sunflower oil packaging. The plaintiff sought permanent injunctions and damages for using deceptively similar marks like 'Son Gold'. However, the court noted that this matter had already been decreed by a Division Bench in 2019 based on the defendant's affidavit agreeing to cease such activities. Consequently, the current suit was dismissed as nothing remained to be adjudicated.
Shivkumar Shankarrao Thakur & Ors. v.Shiv Biri Manufacturing Co P Ltd & Anr.
The Delhi High Court dismissed an appeal filed by Shivkumar Shankarrao Thakur & Ors. against a trademark registration granted to Shiv Biri Manufacturing Co P Ltd. The court found that the impugned trademark was not deceptively similar to the appellants' existing trademarks, thereby negating the core grounds of opposition and prior use claims. This ruling reinforces the principle that similarity between marks is paramount in determining infringement or opposition success.
Cipla Health Limited v.Aishwarya Healthcare & Ors.
The Delhi High Court granted an interim injunction in favor of Cipla Health Limited against Aishwarya Healthcare & Ors. The court found a prima facie case for trademark infringement and passing off, noting that the Defendants' mark 'OMNICEL' is virtually identical to the Plaintiff's established mark 'OMNIGEL'. Furthermore, the court recognized the Plaintiff's copyright claim over the product packaging, leading to a comprehensive restraint order against the use of deceptively similar marks and trade dress.
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