IP Cases — 2024
1,677 decisions across all jurisdictions
Page 28 of 56 · 1,677 total
Manash Lifestyle Private Limited v.Paghadar Riddhi Savanbhai & Ors.
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Manash Lifestyle Private Limited against Paghadar Riddhi Savanbhai & Ors. The court formally registered the plaint as a commercial suit and set out procedural timelines for both parties to file their respective pleadings, including affidavits of admission/denial of documents. Additionally, several interlocutory applications seeking exemptions from pre-institution mediation and advance service were granted by the court.
Meril Italy Srl v.Edwards Lifesciences Corporation
In a complex revocation action, the UPC Central Division rejected Meril Italy Srl's attempt to invalidate EP 3 646 825. The patent relates to an advanced prosthetic heart valve with a unique hexagonal cell frame design. Despite multiple procedural maneuvers and consolidation of related counterclaims, the Court upheld the patent's validity after incorporating amendments. This case underscores the UPC's jurisdiction over complex medical device patents and its strict approach to maintaining patent rights unless clear invalidity grounds are established.
DexCom, Inc v.Abbott Laboratories
This UPC Court of Appeal decision clarifies a fundamental procedural requirement: the necessity of obtaining leave to appeal. The case involved an attempt by Abbott Laboratories to challenge a confidentiality order issued in a patent infringement suit brought by DexCom, Inc. Despite withdrawing their appeal after learning that no leave had been granted, the Court of Appeal ruled it inadmissible from the start. This ruling serves as a strong reminder for practitioners regarding strict adherence to procedural rules when filing appeals within the UPC.
Mankind Pharma Limited v.Sanshiv Health Tech Private Limited & Anr.
The Delhi High Court issued a significant interim order in the pharmaceutical infringement suit filed by Mankind Pharma Limited. The court exempted the plaintiff from mandatory pre-litigation mediation, recognizing the urgency of the matter. Crucially, the court allowed an application seeking an ex-parte ad-interim injunction and appointed Local Commissioners to conduct search and seizure at the defendants' premises. This order provides a robust mechanism for the plaintiff to secure evidence related to alleged infringement.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH
In this procedural order, the UPC Local Chamber addressed a request for protective measures concerning confidential business information submitted by Tesla entities in relation to an ongoing patent dispute involving Avago Technologies. The court found that specific operational and financial data provided by Tesla—such as average selling prices and internal inventory numbers—were genuinely non-public and required protection under Rule 262A EPG VerfO. This decision is significant for practitioners, reinforcing the UPC's commitment to balancing transparency with the need to protect sensitive trade secrets during litigation.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging infringement of its registered Trade Mark 'Gold Winner' and copyright violation related to the packaging of edible oil. The plaintiff sought permanent injunctions, directions for destruction of infringing materials, and an accounting of profits. Ultimately, both parties reached a mutual agreement and settled the dispute through a Joint Memorandum of Compromise (JMC).
Prakash Singh & Anr. v.Guruji Ka Ashram & Anr.
The Delhi High Court addressed cancellation petitions filed by Prakash Singh & Anr. seeking the removal and rectification of trademarks registered by Guruji Ka Ashram & Anr. The petitioners alleged that the respondent, a charitable trust, sought to monopolize the spiritual heritage and goodwill associated with the late 'GURU JI' on a mala fide basis. The Court accepted notice from the respondent and scheduled the matter for further arguments.
Jrpl Riceland Llp v.Crop India Agro Pvt Ltd
The Delhi High Court granted an ex-parte ad-interim injunction favoring Jrpl Riceland LLP against Crop India Agro Pvt Ltd. The court found that the Defendant's subsequent adoption of a deceptively similar trademark ('2') for rice constituted passing off, given the Plaintiff's established goodwill and senior user status with their mark ('9090'). This interim relief prevents the defendant from using the infringing mark while the main suit proceeds.
Panasonic Holdings Corporation v.OROPE Germany GmbH, Guangdong OPPO Mobile Telecommunications Corp. Ltd.
In a procedural ruling, the Mannheim Local Division addressed the complex interplay between infringement and invalidity claims in UPC case UPC_CFI_216/2023. The court decided to consolidate the proceedings, meaning that Panasonic's infringement claim will be heard alongside OROPE and OPPO's counterclaim for patent invalidity and FRAND licensing. This consolidation aims to ensure a unified legal interpretation across all issues, streamlining the litigation process.
Bristol Myers Squibb Company v.Deputy Controller of Patents, Patent Office
Bristol Myers Squibb appealed the rejection of its patent application for a new hemisulphate salt of Compound (I), which was based on Section 3(d) of the Patents Act, 1970. The appellant argued that the compound demonstrated enhanced bioavailability and therapeutic efficacy compared to the free base form. The High Court set aside the rejection order and remanded the matter for reconsideration by a different officer.
Saint-Gobain Placo v.Pooja Industries (Indigyp Frames)
The case involves a dispute over patent infringement where the plaintiffs allege that the defendant has infringed their patents. The parties have reached a consent decree to resolve the matter amicably.
Pfizer Inc v.Everest Pharmaceuticals Limited
The plaintiffs are seeking a permanent injunction against the defendants for infringing their patent related to the pharmaceutical product 'LORLATINIB'. The defendants are accused of manufacturing and selling an infringing product under the brand name 'LORBREXEN'.
Belle Wears Private Limited v.Hobby Garments Private Limited
The Delhi High Court initiated proceedings in the trademark infringement and passing off case filed by Belle Wears Private Limited against Hobby Garments Private Limited. The court formally registered the suit and directed the issuance of summons to the defendant. Crucially, the plaintiff was also granted an interim order allowing notice to be served on the defendant regarding the alleged infringement of the 'TEENAGER' trademark and artistic work, setting the stage for further litigation.
Bayer Pharm Aktiengesellschaft v.The Controller General Of Patents And Designs
Bayer appealed the refusal of its patent application (No. 5818/DELNP/2006), which was rejected on grounds that the composition did not meet criteria under Sections 3(e) and 3(i) of the Patents Act, 1970. The High Court found that the Controller failed to adhere to principles of natural justice by not clearly communicating all objections in the hearing notice, and ruled that the claimed composition was patentable.
Kenny Ramanand and Balasubramaniam V. v.Rehan Talat Khan and N.S. Sangolli
Kenny Ramanand and Balasubramaniam V. filed an application to set aside an arbitration award dated 10-01-2012. The dispute arose from a partnership in M/s Gambaz Foods International, involving allegations of breach of trust, financial misappropriation, and trademark disputes related to the brand 'Prawnto'.
Up Hotels Clarks Limited v.Arjun Bhanot Trading As Arjun Clarks Inn and Anr.
The Delhi High Court ruled in favor of Up Hotels Clarks Limited, cancelling a competing trademark registration held by Arjun Bhanot Trading As Arjun Clarks Inn. The court found that the respondent's mark was deceptively similar to the petitioner's established 'CLARKS' brand, which possesses significant goodwill and reputation dating back decades. Despite the respondent's claims of honest adoption, the court determined that the similarity, coupled with the identical class of services (hotels/restaurants), created a high likelihood of consumer confusion, thus violating trademark law.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
The Delhi High Court heard several part-heard matters. In C.A.(COMM.IPD-PAT) 16/2023, the court noted that the Patent Office had submitted a report concerning issues related to inventive steps, subject matter eligibility, and amendment under the Patents Act, 1970.
Pirelli Tyre S.p.A. v.Tianjin Kingtyre Group Co., Ltd. and Kingtyre Deutschland GmbH
In a critical case concerning motorcycle tires, Pirelli Tyre successfully obtained provisional measures from the UPC Local Division in Milan against Tianjin Kingtyre and Kingtyre Deutschland. Facing an imminent trade fair where infringing products were set to be displayed, Pirelli secured an order for the seizure and delivery of contested goods. This ruling underscores the UPC's ability to provide rapid interim relief in complex infringement cases while maintaining procedural safeguards.
Advanced Bionics AG v.MED-EL Elektromedizinische Geräte GmbH
In a significant decision for the medical device sector, the UPC Central Division rejected revocation actions against EP 4 074 373. The patent, which covers MRI-safe magnetic elements in implantable devices, was ultimately maintained, albeit in an amended form (Auxiliary Request 0a). This ruling underscores the importance of successful amendment strategies when facing validity challenges before the UPC.
Arcelormittal v.The Assistant Controller Of Patents And Designs and Anr
Arcelormittal appealed an order dated 07.05.2024 which held that its patent application regarding a method for producing tin containing nongrain-oriented silicon steel sheet was neither inventive nor sufficiently disclosed. The court accepted the exemption and issued directions for further proceedings, including filing written synopses by both parties.
PepsiCo, Inc. v.Majji Suresh
PepsiCo successfully petitioned the Madras High Court to strike off a confusingly similar trademark, 'PEPPS,' registered by Majji Suresh. The court found that the mark PEPPS bears striking phonetic and visual resemblance to PepsiCo's globally recognized mark, PEPSI. Given PepsiCo's established reputation and well-known status of its brand, the court allowed the petition, directing the cancellation of the infringing registration.
Suzuki Motor Corporation v.Controller General Of Patents, Designs and Trademarks And Anr
Suzuki Motor Corporation appealed regarding objections related to their patent claims. The Court noted that while there is no specific provision for re-consideration, amendments might be allowed if errors relate to translation/transliteration. The Court subsequently directed the Appellant to file an application under Section 57 of the Patents Act to amend their modified claims.
SharkNinja Europe Limited v.Dyson Technology Limited
In a significant decision regarding provisional measures, the UPC Court of Appeal rejected Dyson's request for an injunction against SharkNinja concerning EP 2 043 492. The court found that the probability of infringement was not overwhelmingly high, particularly regarding the cyclonic separating apparatus feature (1.3). This ruling underscores the high evidentiary threshold required to obtain provisional relief in UPC proceedings.
Franz Kaldewei GmbH & Co. KG v.Bette GmbH & Co. KG
This UPC decision addressed an infringement action brought by Franz Kaldewei against Bette GmbH & Co. KG concerning a sanitary bathtub installation protected by EP 3 375 337 B1. The court found the respondent liable for infringing the patent in several member states, ordering preliminary damages of EUR 10,000.00. However, the overall claims were partially dismissed, resulting in a mixed outcome regarding liability and costs.
M/S Shree Hari Industries (Hari Oil Mill) v.Registrar of Copyrights and Anr
M/S Shree Hari Industries filed a suit against the Registrar of Copyrights alleging that respondents were selling mustard oil using an almost identical trade dress and packaging to the petitioner's product. The Delhi High Court addressed procedural matters, noting the emergence of evidence showing blatant copying by the respondents. While granting some time for the respondent to file necessary documentation, the court emphasized the seriousness of the infringement claim and fixed a firm date for the next hearing.
Dolby International AB v.HPCP – Computing and Printing Portugal, Unipessoal, Lda., HP Inc., Hewlett-Packard Luxembourg SCA, HP Finland Oy, HP Inc Bulgaria EOOD (Ейч Пи Инк България ЕООД), HP Austria GmbH, HP Deutschland GmbH, HP Inc Danmark ApS, Hewlett-Packard d.o.o., HP Italy S.r.l., HP France SAS, HP International SARL, HP PPS Sverige AB, HP Belgium SPRL, Hewlett-Packard Nederland BV
In a case concerning the infringement of an HEVC essential patent, Dolby International AB sought protection for its confidential information via an assisting party (Access Advance LLC). The Düsseldorf Local Division issued an order granting this request. This decision reinforces the procedural mechanisms within the UPC that allow parties and assisting parties to protect trade secrets during litigation, ensuring sensitive business data remains restricted to authorized personnel.
Oracle International Corporation v.Cis It Solutions Pvt Ltd
Oracle International Corporation challenged an Arbitral Award that denied it the transfer of the domain name www.exadata.in, despite Oracle holding registered trademarks for 'EXADATA.' The Delhi High Court found that the arbitrator failed to appreciate the evidence and suggested the award was contrary to public policy. While the court did not overturn the award immediately, it initiated proceedings by issuing notice to the respondent, signaling a significant legal challenge to the initial domain dispute resolution.
BASF SE v.Assistant Controller of Patents and Designs
BASF SE appealed the Patent Office's order rejecting its patent application for an 'Auxiliary spring having axially running contour elements'. The rejection was based on various objections, including procedural and technical ones. The High Court allowed the appeal, finding that the cosmetic objection should not deny the applicant their rights, and remanded the matter back to the Controller for a fresh hearing.
Italfarmaco Spa v.Deputy Controller Of Patents & Designs
Italfarmaco Spa appealed the rejection of its patent application for a method involving iron (III) caseinsuccinylate. The Deputy Controller rejected the grant on the grounds that the claimed invention lacked inventive step and fell under Section 3(d) of the Patents Act, 1970. The High Court upheld the respondent's decision.
Greenlam Industries Limited v.Greenland Particle Boards Private Limited
The Delhi High Court issued procedural orders in the trademark infringement suit filed by Greenlam Industries Limited against Greenland Particle Boards Private Limited. The court allowed exemptions from pre-institution mediation and granted various applications related to filing documents and time extensions. Crucially, the court directed that summons be issued to the defendant, initiating the formal trial process for the claim of trademark infringement based on the use of similar marks like 'GREENLAND' and 'ZOHA GREENLAND'.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.