Year

IP Cases — 2024

1,677 decisions across all jurisdictions

By jurisdiction: India 1144 European UPC 533 US PTAB 0
By type: patent 1059 trademark 584 copyright 19 design 15

Page 31 of 56 · 1,677 total

patent plaintiff favorable · Mar 20, 2024

Versuni Holding B.V. v.Deputy Controller of Patents and Designs

Madras High Court · W.P.(IPD) No.3 of 2024

Versuni Holding B.V. challenged the Patent Controller's issuance of a pre-grant hearing notice, arguing that it had not been provided with copies of the written statements filed by the two opposers. The court found this procedural lapse and set aside the notice.

patent defendant favorable · Dec 2, 2024

Jay Switches India Pvt Ltd v.Sandhar Technologies Ltd & Ors.

Delhi High Court · CS(COMM) 301/2023

The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its patented 'Air Tight Fuel Cap' and registered design 'Fuel Tank Cap for Vehicle'. The court examined the infringement claims, noting ambiguities in the patent claims. Ultimately, the court dismissed the application for interim injunction, finding that the balance of convenience favored the defendants.

trademark mixed · Sep 11, 2024

Manish Kumar Jain & Another v.Tushar Saraf & Ors.

Calcutta High Court · APOT No. 316 of 2024 / IP-Com No. 21 of 2024

The Calcutta High Court addressed an appeal challenging a prior interim trademark injunction. The court found that while the initial stay was granted based on prima facie evidence, further material had become available to both parties. Consequently, the appeal was dismissed, but the original interim order restraining the appellants from using the marks 'JJ DELUX' and related forms was extended until September 20, 2024, allowing for a comprehensive review by the trial judge.

patent dismissed · Apr 24, 2024

Huawei Technologies Co. Ltd v.Netgear International Limited, NETGEAR Deutschland GmbH, Netgear Inc.

Munich (DE) Local Division · App_9728/2024

This UPC decision addressed a procedural dispute regarding the disclosure of a confidential Qualcomm licensing agreement relevant to an ongoing Wi-Fi infringement case. Despite the court dismissing both sides' requests for mandatory disclosure, it issued comprehensive protective orders. These rulings emphasize the importance of balancing litigation needs with the protection of trade secrets in high-tech patent disputes.

patent pending · Aug 26, 2024

Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH a.o.

Hamburg (DE) Local Division · UPC_CFI_54/2023

This UPC decision between Avago Technologies and Tesla addresses critical procedural aspects of a complex infringement and revocation case concerning power control systems used in vehicles. The court clarified that initial delays due to CMS workflow usage are acceptable, providing flexibility early in the proceedings. Crucially, it affirmed the principle of partial revocation under Article 65(3) EPC, meaning claims can be invalidated selectively rather than requiring total patent destruction.

patent dismissed · Jul 11, 2024

KraussMaffei Extrusion GmbH v.TROESTER GmbH & Co. KG

Munich (DE) Local Division · ORD_598303/2023

In a case concerning patent infringement related to extrusion technology, KraussMaffei Extrusion GmbH successfully withdrew its lawsuit against TROESTER GmbH & Co. KG after reaching an out-of-court settlement. The UPC Local Division accepted the withdrawal and terminated the proceedings. Crucially, the court ruled that because the litigation was not yet fully concluded—due to pending issues like expert reports and parallel EPO appeal decisions—the claimant was entitled to a partial refund of their court fees.

trademark defendant favorable · Feb 23, 2024

Odi-Ray Industries Limited v.Life Style International Pvt. Ltd.

Madras High Court · (T)OP(TM)/549/2023 (ORA/SR.140/2018/TM/CHN)

The Madras High Court addressed a petition filed by Odi-Ray Industries Limited seeking the removal or rectification of the trademark 'SPICE IT UP (Label)' registered in favor of Life Style International Pvt. Ltd. The court noted that the petitioner failed to appear before the court on the scheduled date. Consequently, the entire original petition was dismissed for default.

trademark plaintiff favorable · Sep 4, 2024

Sanjay Kumar v.Rattan Lal Garg & Anr.

Delhi High Court - Orders · CS(COMM) 753/2024

The Delhi High Court granted an ex-parte ad interim injunction in favor of Sanjay Kumar, who holds the registered trademark 'CHAND' for mustard oil. The court found that the defendants were deceptively using the mark 'R.L. CHAND' on identical products and packaging, causing potential confusion among consumers. This preliminary order restrains the defendants from continuing to use the infringing mark until the full trial.

patent denied · Apr 23, 2024

Volkswagen AG v.Network System Technologies LLC

Munich (DE) Local Division · App_11434/2024

In this procedural matter, the Court of First Instance examined requests by both parties for security for legal costs under Article 69.4 UPCA. The respondent (NST), a US-based company, argued that enforcement difficulties and its limited financial standing warranted the security. However, the court rejected these arguments, finding that general claims about US enforcement risks were unsubstantiated and that the claimant possessed sufficient assets to cover potential costs.

patent partially granted · Sep 30, 2024

Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy

Paris (FR) Central Division - Seat · App_42517/2024

In a procedural order concerning an infringement action, the UPC granted Microsoft Corporation's request for Suinno Mobile & AI Technologies Licensing Oy to provide security for legal costs. The court determined that based on evidence of the respondent's recent incorporation and lack of substantial assets, there was a legitimate concern that any future cost orders might not be recoverable. This ruling reinforces the Court's power to manage litigation risk by requiring financially vulnerable parties to secure their liabilities.

patent interim order · Jul 31, 2024

Incyte Holdings Corporation v.Lotus Labs Private Limited

Delhi High Court - Orders · CS(COMM) 496/2024 & I.A. 32461/2024

The plaintiffs filed a suit regarding infringement of patent IN'841. The court considered the defense that the defendants were only engaged in permitted activities under Section 107(A) and had not yet obtained commercial manufacturing licenses from CDSCO. The court granted an interim order allowing the defendants to proceed with obtaining necessary permissions.

trademark plaintiff favorable · Apr 8, 2024

Castrol Limited v.Vikas Mishra

Delhi High Court - Orders · CS(COMM) 297/2024, I.A. 7925/2024 to I.A. 7930/2024

The Delhi High Court granted an interim injunction in favor of Castrol Limited against Vikas Mishra regarding alleged trademark and trade dress infringement. The court found a prima facie case based on the similarity between Castrol's established global brand and the defendant's use of marks like 'ACTIVE', 'ACFIVE', and 'POWER'. This initial order restrains the defendant from using confusingly similar branding while mandating the disclosure of sales accounts, setting the stage for further litigation.

patent denied · Jul 11, 2024

Apple Retail Deutschland B.V. & Co. KG et al. v.Ona Patents SL

Luxembourg (LU) · App_39101/2024

This UPC Board of Appeal decision addressed a procedural motion filed by Apple seeking to accelerate the appeal process and reduce the deadline for Ona's reply. The court ultimately denied the request, holding that while acceleration was possible, Apple failed to demonstrate sufficient grounds to override Ona's right to a fair trial. This case underscores the judiciary's careful balancing act between party efficiency demands and fundamental procedural fairness within the UPC framework.

trademark plaintiff favorable · Apr 9, 2024

Honasa Consumer Limited v.Registrar Of Trade Marks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 40/2023, I.A. 26095/2023 I.A. 26096/2023

The Delhi High Court allowed Honasa Consumer Limited's appeal against the refusal to register its trademark 'THE DERMA CO'. The initial rejection was based on similarity and likelihood of confusion with an earlier cited mark. However, by providing a disclaimer that they only claim rights over the composite mark and not the word 'DERMA', the court accepted the application. This decision highlights how strategic disclaimers can overcome objections in trademark registration proceedings.

patent pending · Mar 20, 2024

Belkin Limited v.Not specified (Procedural Order)

Munich (DE) Local Division · App_11953/2024

This document is a procedural scheduling order issued by the Local Chamber Munich in the UPC. It does not contain any substantive legal findings regarding patent infringement or validity. Instead, it sets new dates for interim and oral hearings, indicating that the case remains active and pending before the court.

patent pending · Aug 6, 2024

Dong Yang Pc, Inc v.Controller Of Patents And Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 60/2024 & I.A. 35560/2024

Dong Yang Pc, Inc filed an appeal challenging the order passed by the Controller of Patents & Designs. The core dispute revolves around the dismissal of their patent application based on a cited document (D5), which the appellant claims is no longer active and that the respondent illegally raised the issue of Common General Knowledge.

patent partially granted · Jul 23, 2024

Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited

Milan (IT) Local Division · App_28655/2024

This procedural order addressed a request for confidentiality regarding sensitive documents submitted during an infringement action. The UPC ruled that certain redacted commercial data was protected as confidential information, granting access only to specific parties of the respondent's team. Conversely, a settlement agreement document was excluded from evidence entirely. This decision highlights the court's nuanced approach to balancing trade secret protection with procedural fairness in complex patent litigation.

patent pending · Jul 11, 2024

ITC Limited v.The Assistant Controller of Patents and Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 44/2024

ITC Limited filed an appeal under Section 117A of the Patents Act, 1970, challenging the Assistant Controller of Patents & Designs' order dated April 8, 2024. The original order rejected a post-grant opposition filed by ITC against Patent No. 377333 and denied relief for patent revocation.

patent plaintiff favorable · Dec 12, 2024

Spv Laboratories Private Limited v.The Controller General Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 42/2024

The appellant filed an appeal challenging the refusal by the Assistant Controller to restore Patent No. 403793, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by a family exigency involving its attorney and that the restoration application was filed within the prescribed period. The High Court allowed the appeal, setting aside the impugned order.

patent plaintiff favorable · Sep 19, 2024

Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.

Delhi High Court · CS(COMM) 692/2021 & CC 9/2022 (and CS(COMM) 707/2021 & CC (COMM) 23/2022)

The application sought clarification on the extent to which Interdigital's Patent Licensing Agreements (PLAs) should be disclosed to the in-house employees of Guangdong Oppo Mobile, who are part of a Confidentiality Club. The court ruled that both parties must follow a reciprocal disclosure model, requiring full access to PLAs for all members of the Confidentiality Club.

trademark mixed · Feb 5, 2024

M/S Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Limited & Anr.

Delhi High Court - Orders · LPA 798/2023 & LPA 800/2023

M/S Rspl Health Private Limited appealed the rejection of its application to rectify the trademark 'HARPIC DRAINXPERT'. The core dispute revolves around whether Reckitt & Colman's use of a similar mark, specifically 'DRAIN XPERT POWDER', constitutes infringement or grounds for rectification. The appellant argues that the slight variation in spelling and presentation is deceitful and confusingly similar to their registered trademark. The court has listed the matter for further hearing to consider these complex arguments regarding similarity and deceptive intent.

trademark plaintiff favorable · Jul 31, 2024

Havells India Ltd v.Hirvijay Industries Llp & Ors

Delhi High Court - Orders · CS(COMM) 633/2024

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Havells India Ltd against Hirvijay Industries Llp & Ors regarding the alleged infringement of the registered trademark 'REO'. The court found that the defendant's use of a deceptively similar mark, 'REIO', constituted passing off and dilution. Furthermore, the Court appointed a Local Commissioner to conduct searches at the defendants' premises, seize infringing goods, and inspect relevant financial records.

trademark mixed · Dec 17, 2024

M/s.Sri Modern Weigh Systems v.Nipro MACHOI P. Ltd.

Madras High Court · Appeal (CAD) Nos.10 and 13 of 2024

The Madras High Court addressed appeals concerning the alleged deceptive similarity between the trademarks 'MACHOI' and 'MAKHOI'. The court accepted an undertaking from the appellants not to use 'MACHOI' or any remotely similar name in the future. Furthermore, the opposing party was directed to immediately apply for the cancellation of their registered trademark, which was deemed deceptively similar. This judgment provides a practical resolution through undertakings and administrative action rather than a definitive finding on infringement.

design interim order · Apr 23, 2024

Britannia Industries Ltd v.ITC Ltd

Delhi High Court - Orders · CS(COMM) 143/2021 I.A. 4541/2021 I.A. 5533/2021 I.A. 10143/2022

This case involves a dispute over the validity of a registered design used on 'Good Day' Biscuits labels. The defendant, ITC Ltd, sought summary judgment arguing that the design was not registrable under Section 19(1)(d) and Section 4(b) of the Designs Act, citing prior public disclosure. Britannia Industries Ltd countered this by seeking to place additional documents on record, which they claimed would correct an error in their user claim date. The court adjourned the matter to determine the admissibility of these crucial documents.

design dismissed · Sep 19, 2024

Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.

Calcutta High Court (Appellete Side) · C.O. 2592 of 2024

The petitioner filed an application before the Calcutta High Court complaining about the delay in the disposal of his pending application before the Controller of Patents and Designs, Kolkata. The said application sought the cancellation of a registered design belonging to another party. The court disposed of the petition without passing any order.

patent partially granted · Mar 11, 2024

NanoString Technologies Inc. v.10x Genomics, Inc.

Luxembourg (LU) · ORD_12169/2024

This UPC Court of Appeal decision addresses a procedural correction in an ongoing provisional measures case involving NanoString Technologies and 10x Genomics concerning EP 4108782. The core ruling clarifies the established principles for interpreting European patent claims under Article 69 EPC. It emphasizes that interpretation must be holistic, considering the description and drawings alongside the literal claim language to ensure a balanced outcome between inventor protection and third-party certainty.

patent remanded · May 14, 2024

Syngenta Participations Ag v.Controller Of Patents And Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 7/2023

Syngenta appealed the rejection of its patent application (No. 872/DELNP/2011) for 'Crop Safeners' by the Deputy Controller of Patents & Designs. The primary objection was the lack of specification regarding the ratio of constituents and novelty issues. The High Court found that the suggested amendments could address the non-specification issue and remanded the application for a fresh hearing.

patent denied · Nov 22, 2024

Insulet Corporation v.EOFLOW Co., Ltd.

Milan (IT) Central Division- Section · ORD_56716/2024

Insulet Corporation sought a preliminary injunction against EOFLOW Co., Ltd. regarding the alleged infringement of its fluid dispensing device patent (EP4201327), which covers advanced insulin pumps. However, the UPC Court of First Instance denied the application for provisional measures. The court determined that significant doubts existed concerning the novelty and validity of Insulet's patent in light of prior art disclosures, thereby preventing the immediate granting of an injunction.

copyright defendant favorable · Oct 25, 2024

Ranjan Vasudeo Kolambe v.Appa Alias Hanmant Maroti Hatnure And Another

Bombay High Court · 2024:BHC-AS:42759

Ranjan Vasudeo Kolambe filed a civil suit alleging that defendants had infringed his copyrights by copying the content of two Marathi language books. The plaintiff sought an interim injunction to prevent the sale and publication of these alleged duplicate works. However, the Bombay High Court dismissed the commercial appeal, finding prima facie no merit in the plaintiff's case regarding the grant of temporary relief.

trademark plaintiff favorable · Aug 27, 2024

Wow Momo Foods Private Limited v.Wow Punjabi

Delhi High Court - Orders · CS(COMM) 253/2024

The Delhi High Court disposed of a trademark infringement suit (CS(COMM) 253/2024) between Wow Momo Foods Private Limited and Wow Punjabi. The case, which sought permanent injunctions against passing off and unfair trade practices, was settled amicably by both parties. The court decreed the suit in favor of Wow Momo, based on the settlement terms, wherein Wow Punjabi acknowledged Wow Momo's exclusive ownership of the 'WOW' trademark and agreed to cease all use of similar marks.

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