IP Cases — 2024
1,677 decisions across all jurisdictions
Page 32 of 56 · 1,677 total
UPL Limited v.The Controller Of Patents Designs And Ors
UPL Limited appealed a decision by the Joint Controller of Patents and Designs which refused to proceed with its patent application (No. 1378/KOL/2013). The appellant argued that the rejection was based on procedural flaws, specifically the failure to address expert affidavits and critical technical submissions. The Court set aside the impugned order based on admissions made by the authorities in their affidavit in opposition.
M/s.Mex Switchgears Pvt. Ltd. v.M/s.Mirshad C.E.502
The Madras High Court allowed the appeal filed by M/s.Mex Switchgears Pvt. Ltd., directing the Trade Marks Registry to restore the opposition proceedings. The core issue was the Registrar's decision to dismiss the opposition as abandoned due to non-production of evidence. The court ruled that for an opposition to be validly initiated, the applicant must prove service of the counter statement on the opponent, and a mere assertion of email service without proof is insufficient under the Trade Marks Act.
Mitsubishi Electric Corporation v.The Controller of Patents and Designs, Government of India
Mitsubishi Electric Corporation appealed the refusal of its patent application, which was rejected by the Controller citing lack of inventive step and lack of unity of invention. The appellant argued that the rejection lacked proper reasoning regarding both grounds. The High Court allowed the appeal and remitted the matter for fresh consideration.
Magnum Eco Tech. Partner v.Controller General of Patents, Designs & Trademarks
Magnum Eco Tech. Partner filed an Appeal before the Madras High Court seeking to reverse a prior order by the Controller General of Patents regarding patent application 201841047838 and grant the patent in their favor. The petition also included a request for condonation of delay. However, the court noted that attempts to serve the Registry notice on the petitioner failed as the petitioner was not present at the given address. Consequently, the Court closed the appeal/petition.
DISH Technologies L.L.C. v.AYLO PREMIUM LTD
In this UPC case concerning streaming services and CDN usage, the claimants sought court orders compelling defendants to disclose detailed technical information about their Content Delivery Networks (CDNs), including server locations and video file encoding. The Local Court of Mannheim ultimately dismissed these requests for disclosure. This decision highlights the high threshold required in UPC proceedings before a party can successfully compel complex technical evidence from an opposing party, particularly when establishing territorial scope or infringement mechanisms.
M/S Raj Steel Rolling Mills v.M/S Haryana Strips Pvt Ltd & Anr.
The Delhi High Court allowed a petition filed by M/S Raj Steel Rolling Mills seeking cancellation of the trademark 'SHAILDU HEAVY'. The court found that the impugned mark was deceptively and structurally similar to the Petitioner's prior registered mark, 'SALDU', which had been in continuous use since 1974. Given the identical nature of the goods (iron and steel shapes) and the clear evidence of prior usage by the petitioner, the registration of 'SHAILDU HEAVY' was deemed a contravention of the Trade Marks Act, leading to its cancellation.
Tempting Brands Ag v.Mr.Parasmal Purohit
The Madras High Court ruled in favor of Tempting Brands Ag, ordering the cancellation of Mr. Parasmal Purohit's registered trademark (No. 1690863). The court found that the respondent had literally copied the petitioner's mark, making only a minor cosmetic change ('66' to '69'). The judgment strongly condemned this act as theft and dishonest adoption, reinforcing the principle of protecting prior rights against subsequent imitation.
Paratek Pharmaceuticals, Inc. v.Assistant Controller of Patents and Designs, Government of India
Paratek Pharmaceuticals challenged an order rejecting its patent application for a tetracycline compound. The High Court found the rejection order bad in law because it failed to consider the appellant's responses and submissions, and because it introduced new objections (claims 9-24) not raised during the hearing notice. Consequently, the court set aside the impugned order and remanded the matter.
BITZER Electronics A/S v.Carrier Corporation
In a significant procedural ruling, the UPC Central Division rejected a revocation action against EP 3 414 708. The case centered on complex arguments regarding the admissibility of patent amendments to claims that were not directly challenged in the initial revocation suit. By maintaining the patent in its amended form, the court provided clarity on how patentees can utilize procedural mechanisms like auxiliary requests during litigation, even when only a subset of claims is attacked.
Maj. Pankaj Rai v.M/S Niit Ltd.
Maj. Pankaj Rai challenged an Arbitral Award dated 19.10.2023, which rejected his claims against M/S Niit Ltd. The dispute arose from a License Agreement (dated 30.12.2015) allowing the petitioner to set up an education center using NIIT's intellectual property. The High Court dismissed the petition, upholding the Arbitral Award.
Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.
Sulphur Mills Limited sought an interlocutory injunction against several defendants, alleging infringement of its Indian Patent IN 282429 for a 'Novel Agricultural Composition.' The plaintiff argued that their composition offered significant advantages over existing fertilizers, such as faster sulphate conversion and compatibility with modern irrigation. However, the court found that the defendants had successfully established a credible challenge to the patent's validity on the grounds of obviousness based on extensive prior art.
Eveready Industries India Limited v.Ksc Industries & Ors.
The Delhi High Court granted an interim injunction in favor of Eveready Industries India Limited against Ksc Industries & Ors. The court found that the Defendants' use of the mark 'EVERYDAY' was deceptively similar to Eveready's well-known trademark, 'EVEREADY', leading to potential infringement and passing off. Given the prima facie case made out by Eveready and the risk of irreparable harm, the court restrained the defendants from manufacturing or selling goods under the impugned mark until further hearing.
Wieden+Kennedy India Private Limited v.Jindal Steel And Power Limited
Wieden+Kennedy India Private Limited approached the Delhi High Court seeking interim protection against Jindal Steel And Power Limited regarding an ad film campaign titled 'Steel of India'. The petitioner claimed authorship and copyright over the creative works, arguing that the respondent terminated the contract without fulfilling payment obligations. The court addressed the dispute under Section 9 of the Arbitration & Conciliation Act, 1996, while acknowledging the IP nature of the claim. The judgment mandated a deposit of Rs. 59 lakhs by the respondent and granted an interim injunction against distribution if the deposit was not made within two weeks.
Daedalus Prime LLC v.Xiaomi Communications Co., Ltd.
This procedural order addressed the method of serving a complaint in an infringement action brought by Daedalus Prime LLC against several Xiaomi and MediaTek entities. The plaintiff argued that certain German branch offices could serve as valid places for service under UPCA Rules 271.5 RoP, despite the defendants being foreign-domiciled. However, the Court rejected this argument, emphasizing the strict hierarchy of procedural rules governing international service. The ruling clarified that when defendants are domiciled outside the UPCA territory, standard international procedures like the Hague Service Convention must be followed under Rules 273 and 274 RoP. This decision reinforces the importance of adhering to established international legal frameworks for proper litigation procedure in the UPC.
Idamakanti Madhusudhana Reddy v.The Registrar of Trade Marks
The Madras High Court set aside the Trade Mark Registry's refusal to register 'Doctor Reddys Path Labs,' which was based on similarity to an existing mark. The court found merit in the appellant's argument that the word 'Reddy' is generic and that the marks operate in different classes of goods/services (Pathology vs. Pharmaceuticals). Crucially, the High Court mandated a fresh review by the Registry, requiring it to consider Section 12 of the Trade Marks Act, even if opposition from a well-known mark arises.
ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v.Healios K.K, Riken, Osaka University
This UPC decision addressed an application for access to confidential documents within a revocation action (UPC 75/2023). The Applicant, Mathys & Squire LLP, sought unredacted versions of pleadings related to the Claimant's product valuation. The Court ruled in favor of the Applicant, finding that the Claimant failed to provide legitimate reasons to maintain confidentiality regarding the specific information. This decision reinforces the principle that public access is the default unless a party can clearly demonstrate a compelling need for secrecy.
Vifor (International) Ag v.Assistant Controller Of Patents And Designs and Ors
Vifor (International) Ag filed an appeal against an order dated November 1, 2023, along with an application seeking condonation of a 32-day delay. The appellant argued the delay was due to technical difficulties in obtaining and stamping a Power of Attorney received from Switzerland. The court found that sufficient cause had been shown for the delay and allowed the application.
Jaco Dr. Jaeniche Gmbh And Co. Kg. v.Saneet Gmbh and Anr.
The Bombay High Court allowed a petition filed by Jaco Dr. Jaeniche Gmbh And Co. Kg., leading to the removal of an identical trademark registration held by Saneet Gmbh and Anr. The court found that the Petitioner was the prior user and proprietor of the mark 'JACO,' which possessed extensive international reputation and goodwill spilling over into India. Given the Respondent's failure to contest the matter despite multiple opportunities, the Court ruled that the impugned registration was fraudulent and contrary to honest trade practices, thereby protecting the Petitioner's rights.
Mankind Pharma Ltd. v.Gurinder Singh
The Delhi High Court allowed Mankind Pharma Ltd.'s petition seeking the cancellation of a competing trademark registered by Gurinder Singh. The court held that due to Mankind's long-standing use and established goodwill, its marks (including 'MANKIND' and the 'KIND' family) had acquired well-known status. Consequently, the registration of the impugned mark was deemed violative of Sections 11(1) and 11(2) of the Trademarks Act, leading to its removal from the register.
SWARCO Futurit Verkehrssignalsysteme GmbH v.STRABAG Infrastructure & Safety Solutions GmbH
This UPC decision concerns an application for third-party intervention (Streithilfe) in a patent infringement case. The claimant sued the respondent over EP 2 643 717, which covers specialized optics for outdoor display boards used in LED traffic signs. A Chinese manufacturer, Chainzone Technology, sought to join the proceedings as a third party because its products were allegedly infringing. The court admitted the intervention but conditioned it on the deposit of EUR 134,000 to cover potential legal costs.
Plant-e Knowledge B.V. v.Arkyne Technologies S.L.
Plant-e successfully sued Arkyne Technologies (Bioo) in the UPC for infringement of its patent covering devices and methods that convert light energy into electricity using living plants. The court ruled that the patent was valid and found infringement based on equivalence, not just literal reading. This decision reinforces the application of established national case law tests when assessing non-literal infringement within the unified patent system.
Fashion Chemicals GmbH & Co.KG v.Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Fashion Chemicals GmbH & Co.KG against the refusal of its trademark registration for 'REPELLAN'. The court found that the Assistant Registrar's original order was cryptic, non-speaking, and violated principles of natural justice because it failed to consider the appellant's detailed arguments regarding the difference in goods (textile vs. construction) between 'REPELLAN' and the cited mark 'REPELLIN'. Consequently, the impugned order was quashed, and the Registrar was directed to publish the trademark for public opposition.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a procedural order concerning confidentiality, the Düsseldorf Local Division addressed access rights in the ongoing infringement action between 10x Genomics and Curio Bioscience. The court clarified that while prior summary proceedings orders remain relevant, specific restrictions must be set for the main case to balance the parties' needs. Access to confidential documents was strictly limited to named counsel and their actively involved teams, emphasizing the personal liability of the primary representatives.
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Regeneron Pharmaceuticals Inc.
Amgen Inc.'s infringement suit against Sanofi and Regeneron regarding EP3666797 (covering Praluent/Alirocumab) was stayed by the UPC Local Division Munich. This stay followed a prior Central Division decision that had revoked the patent in its entirety, which is now subject to appeal. The parties agreed to halt the infringement proceedings until the validity challenge reaches a final resolution.
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, Hewlett-Packard d.o.o., Hewlett-Packard Luxembourg SCA, HP Inc Bulgaria EOOD
This decision from the Düsseldorf Local Division addresses an application for assistance of a third party (Streithilfe) in a patent infringement case involving Dolby and various HP entities. The court ruled that Access Advance LLC, acting as the pool administrator, had sufficient legal interest to participate. This ruling clarifies the conditions under which a neutral third party involved in FRAND licensing pools can be admitted into UPC proceedings.
Axcess Limited v.Controller Of Patents And Designs
Axcess Limited appealed the Controller's refusal of its Indian Patent Application (No. 2427/DELNP/2011), which covered bile acids and biguanides as protease inhibitors for gut peptides. The Controller had rejected the application under Section 59(1) of the Patent Act, arguing that the amendments exceeded the original scope. However, the Delhi High Court found that a detailed examination of the complete specification supported the amended claims regarding composition as a product. Consequently, the court set aside the rejection and remanded the matter back to the Controller for fresh consideration.
Daedalus Prime LLC v.Xiaomi Inc., Xiaomi Communications Co., Ltd., Xiaomi Technology Netherlands B.V., MediaTek Inc.
This UPC Court of Appeal decision clarifies the strict rules governing service of process for defendants located outside the EU, specifically in China and Taiwan. The court ruled that a group company within an EU Member State cannot substitute for the statutory seat or principal place of business of its foreign affiliate. This ruling emphasizes that parties must follow established international procedures, such as the Hague Convention, when serving claims on non-EU entities.
Paresh Ajitkumar Kapoor v.Controller Of Patents And Designs And Ors.
The appellant, Paresh Ajitkumar Kapoor, appealed against an order by the Deputy Controller cancelling his registered design for an Air Cooler (No. 233559) based on alleged prior publication in China. The appeal contended that the cancellation relied only on insufficient evidence from the CNIPA website and ignored previous rejections of similar claims. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
Zuventus Healthcare Limited v.Zaventis Health Care Private Limited
The Delhi High Court granted an interim injunction in favor of Zuventus Healthcare Limited against Zaventis Health Care Private Limited. The court found that the defendant's mark, 'ZAVENTIS HEALTH CARE,' was visually, structurally, and phonetically similar to the plaintiff's registered trademark 'ZUVENTUS,' leading to a prima facie case of infringement and passing off. This order allows the suit to proceed while restraining the defendant from using any deceptively similar branding in relation to pharmaceutical products.
M/S RSPL HEALTH PRIVATE LIMITED v.SITA SINGH Trading as Nikunj Traders
The plaintiff, M/s RSPL Health Private Limited, filed a commercial suit alleging infringement and passing off under the Trademarks Act, 1999, concerning its established trademark GHARI/GHADI. The court found that the defendant was infringing upon the plaintiff's trademarks and trade dress in relation to detergent powder, soap, and allied goods.
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