IP Cases — 2024
1,861 decisions across all jurisdictions
Page 4 of 63 · 1,861 total
Natco Pharma Ltd. v.M/s. Schering Corporation
Natco Pharma Ltd filed an Original Petition (Patents) seeking the revocation of Indian Patent No.202128 against M/s. Schering Corporation and the Assistant Controller of Patents & Designs. The court observed that the term of the patent had expired on 06.10.2018, rendering the petition infructuous.
Scandit AG v.Hand Held Products, Inc.
This UPC case involved a procedural application by Scandit AG requesting the court to mandate simultaneous interpretation for its upcoming oral hearing, switching from German to English. The Berichterstatter ultimately denied the request, emphasizing that since Scandit had filed its initial pleadings in German, it bore the responsibility of managing language requirements. Practitioners should note that courts are reluctant to impose mandatory translation services if a party has already chosen or could have chosen the procedural language.
M/S. Serveshwar Food Products Pvt. Ltd. v.Mr. Sachin Gupta Trading As M/S Jai Balaji Grah Udyog & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S. Serveshwar Food Products Pvt. Ltd. against the Defendants for alleged trademark infringement and passing off related to the 'LACY' brand. The court allowed the Plaintiff to conduct a search and seizure operation at the Defendants' premises using Local Commissioners, aiming to prevent further unauthorized use of deceptively similar marks like 'LECY'. This order establishes strong preliminary protection for the Plaintiff's established goodwill in the FMCG sector.
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.
Regeneron Pharmaceuticals Inc. v.Amgen Inc.
In a significant UPC decision, the Central Division revoked European Patent 3 666 797 B1, which covers PCSK9 inhibitors used for cholesterol reduction. The case involved Regeneron Pharmaceuticals Inc. and Amgen Inc., both major players in the biotech drug market. While the patent was successfully challenged and revoked, the court also ruled on costs, awarding a substantial sum to the successful Claimant (Regeneron). This ruling underscores the high stakes of UPC revocation actions in the competitive pharmaceutical landscape.
Snowpixie Co., Ltd. v.Golf Tech Golfartikel Vertriebs GmbH
In this procedural order from the Munich Local Division, the court granted a short extension of deadlines requested by the claimant's counsel due to documented health issues. The case involves both infringement and invalidity proceedings concerning EP 3 030 471. This decision highlights the UPC's willingness to grant extensions when credible medical reasons are presented, while also imposing strict conditions for proving those claims.
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.
Draka Comteq B.V v.The Controller Of Patents, Designs And Trademarks
Draka Comteq B.V challenged the refusal of its patent application for 'Multimode Fiber' by the Controller of Patents and Designs. The rejection was based on lack of novelty and inventive step under the Patents Act, 1970. The High Court found that the original order lacked proper reasoning regarding how a person skilled in the art would move from existing knowledge to the subject invention. Consequently, the court set aside the refusal and remanded the matter back to the Patent Office for fresh consideration.
Pfizer Products Inv. v.Cadila Pharmaceuticals Limited & Anr.
The Gujarat High Court disposed of a Rectification Application filed by Pfizer Products Inv. against Cadila Pharmaceuticals Limited & Anr. The court noted that the respondents had withdrawn their trademark registration application, rendering the original dispute moot and infructuous. Consequently, the application was dismissed.
M/S Shri Bajrang Power And Ispat Limited v.Mr. Mukesh Goyal and others
The Chhattisgarh High Court admitted an appeal challenging a lower court's rejection of an interim injunction application concerning trademark infringement and passing off. The appellant, M/S Shri Bajrang Power And Ispat Limited (owner of GOEL), argued that the respondents were deceptively using 'GOYAL GLOBAL' in the steel goods market to capitalize on its goodwill. While directing the Commercial Court to decide the main suit expeditiously, the High Court maintained an interim restraint order preventing the named respondents from using the disputed marks until the final judgment.
Berger Paints India Ltd. v.JSW Paints Pvt. Ltd.
The Calcutta High Court addressed an appeal concerning the use of the word 'silk' in relation to paint products. While acknowledging that 'silk' can be used descriptively to denote a specific product finish, the court cautioned against its misuse as a trademark that could lead to consumer confusion (passing off). The court allowed JSW Paints Pvt. Ltd. to continue using 'silk' on their product tumblers, provided they strictly limit its use only to products with a silk finish and clearly state this description in advertisements. The core proprietary rights of Berger Paints India Ltd. over the term remain undecided pending trial.
M/S Nuchem Limited Earlier Known As Nuchem Plastics Limited v.M/S Archit Nuwood Industries Pvt Ltd & Ors.
The Delhi High Court issued an order in the trademark dispute between Nuchem Limited and Archit Nuwood Industries. The court granted the defendant an extension of time to file a rejoinder, contingent upon payment of Rs. 25,000/- in costs. Furthermore, the court scheduled both the injunction application (I.A. 7713/2023) and the trademark-related application (I.A. 11949/2023 under Section 124 of the Trademarks Act) for consideration on July 31, 2024.
Dharampal Satyapal Foods Ltd. v.Parle Products Pvt. Ltd.
Dharampal Satyapal Foods Ltd. filed a petition seeking the cancellation and removal of the trademark registration 'MAZELO' held by Parle Products Pvt. Ltd. The Bombay High Court, in its Commercial Division, permitted the petitioner to amend their petition to include the Registrar of Trademarks as Respondent No. 2. This procedural step moves the case forward toward challenging the validity of the existing trademark.
Om Shivam Utpadan v.Saraswati Utpadan Private Limited
The Delhi High Court disposed of multiple trademark and copyright rectification petitions after the parties reached a comprehensive settlement through mediation. The agreement outlines specific usage rights for both parties' marks and logos, allowing them to continue using certain designs under modified conditions while withdrawing ongoing legal challenges. This resolution provides clarity on their respective intellectual property rights moving forward.
Telefonaktiebolaget LM Ericsson v.ASUSTek Computer Inc.
Ericsson successfully sought leave to amend its preliminary injunction application in the UPC, specifically adjusting the scope of liability concerning Arvato's role as a service intermediary. The Court granted this amendment, allowing Ericsson to proceed with direct infringement claims against ASUSTek and Digital River Ireland while limiting Arvato's liability under Article 62(1) UPCA. This decision highlights the UPC's flexibility in managing complex supply chain litigation by allowing claimants to refine their legal theories based on factual developments.
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.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.LAMA FRANCE
In a procedural ruling, the UPC granted Hewlett-Packard's request for information disclosure against Lama France. HP sought details on third parties and import invoices related to alleged infringing cartridges. The court found that such requests are admissible throughout the litigation process if necessary for instruction. This decision allows HP to gather crucial evidence regarding the supply chain without immediately establishing infringement, setting a precedent for discovery-like procedures in UPC cases.
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.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order issued by the Controller of Patents regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on objections concerning lack of novelty, inventive step, and non-patentability under Section 3(k). Google argued that its amended claims introduced differentiating features over the cited prior art.
Alpha Foundation for Education and Research v.Akara Education Private Limited
The Madras High Court allowed multiple appeals filed by Alpha Foundation against the Assistant Registrar's decision to treat their opposition as abandoned. The court ruled that the failure of the Registrar to provide proof of service of the counter statement was fatal, overriding procedural delays in filing evidence. Consequently, the opposition has been restored, and the challenged trademark registrations have been held in abeyance pending a full hearing on the merits.
Abbott Diabetes Care Inc. v.Dexcom Inc.
This procedural order addressed Abbott Diabetes Care Inc.'s request for the UPC to compel Dexcom entities to disclose the entire distribution chain of their G6 and G7 diabetes monitoring systems. The Court ruled that while such information can be requested during proceedings, Abbott's specific demand was disproportionate. The judge found that because Abbott had targeted only certain distributors, requesting the full global supply chain was not reasonably necessary for advancing its case.
Grey Swift Private Limited Through Mr. Shivam Singla v.The Registrar Of Trade Marks
Grey Swift Private Limited has appealed a rejection order from the Senior Examiner of Trade Marks regarding its wordmark 'BharatStamp' in Class 9. The examiner rejected the mark, citing lack of distinctive character under Section 9(1)(a) of the Trade Marks Act. The Delhi High Court accepted the appeal and issued notice to the Registrar of Trade Marks, setting a date for arguments on August 28, 2024.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
This UPC Court of Appeal decision addressed a procedural appeal concerning the rectification of a defendant's name in five revocation actions. The appellant, Juul Labs International, Inc., challenged the lower court's order to correct a clerical error regarding its corporate name. The Court rejected the appeal, affirming that the initial correction was appropriate. Crucially, the ruling also provided guidance on costs, stating that since this is not a final decision on the merits of the revocation actions, no cost orders will be issued at the appellate level.
Genomatica Inc. v.Controller of Patents and Designs, Government of India
Genomatica Inc. appealed the rejection of its patent application for 'Non-Natural Microbial Organisms with improved Energetic Efficiency'. The appeal challenged the Patent Controller's decision, arguing that the Controller failed to properly address objections related to amendments and fell back on earlier claims without due process.
Sulzer Mixpac Ag v.Assistant Controller Of Patents And Designs
Sulzer Mixpac Ag appealed the rejection of its patent application for a 'STATIC MIXER' by the Assistant Controller. The rejection was based on lack of novelty and inventive step in view of cited prior art documents (D1-D4). The court dismissed the appeal, upholding the Patent Office's objections.
New Balance Athletics Inc. v.Nineplus Shoes Private Limited
In this trademark infringement suit, the Delhi High Court addressed procedural issues arising from a Local Commissioner's report detailing alleged removal of infringing goods. The Court clarified that while the Defendant was found to be using the impugned mark contrary to assurances, it dismissed adverse observations against the defendant's counsel for merely informing industry associations about the lawsuit. Crucially, the Court mandated fresh service and personal appearance by the key representative of the Defendant, ensuring due process before proceeding with coercive measures.
Ms Allanasons Private Limited v.The Registrar Of Trademarks & Anr.
The Delhi High Court issued an order in the matter concerning Ms Allanasons Private Limited versus The Registrar Of Trademarks & Anr. This interim order scheduled both associated commercial IP disputes (C.O. (COMM.IPD-TM) 86/2024 and C.O. (COMM.IPD-TM) 91/2024) for a hearing on August 29, 2025. The court's directive indicates the ongoing procedural progression of these trademark matters.
Immunovative Therapies, Ltd v.The Controller Of Patents
Immunovative Therapies, Ltd filed an appeal against objections raised by The Controller of Patents. The respondent completed submissions on Sections 10(4) and 3(i) of the Patents Act, 1970, requesting a hearing regarding objections under Sections 2(1)(ja) and 3(d).
Panasonic Holdings Corporation v.Xiaomi H.K. Limited
This decision from the Local Division Mannheim addresses a critical procedural hurdle: service of process. The claimant, Panasonic Holdings Corporation, faced repeated failures in serving Xiaomi H.K. Limited due to objections from foreign receiving authorities regarding the naming conventions on the patent documents. The court ultimately ruled that since all formal attempts were exhausted and deemed futile, the prior efforts constituted valid legal notice. This sets a precedent for how UPC proceedings can proceed when external political or administrative barriers prevent traditional service.
Wyeth Llc v.The Controllers Of Patents
Wyeth LLC appealed an impugned order regarding its patent application. The core dispute revolves around amendments made by the appellant from a PCT application (claiming a 'regimen') to subsequent national phase applications (claiming a 'combination' and 'pharmaceutical pack'). Wyeth argues these amendments were within the scope of Section 59 of the Patents Act, 1970.
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