IP Cases — 2024
1,677 decisions across all jurisdictions
Page 40 of 56 · 1,677 total
NJOY Netherlands B.V. v.Juul Labs International, Inc.
In a significant revocation action, the UPC Central Division revoked European Patent EP 3 498 115 B1 concerning vaporization device systems (aerosol cartridges). The decision not only resulted in the complete invalidation of the patent across multiple UPCA territories but also provided important procedural guidance on how courts handle applications to amend patents during revocation proceedings. This case underscores the UPC's power to enforce validity challenges while managing complex technical and legal submissions.
INCYTE HOLDINGS CORPORATION v.GLENMARK PHARMACEUTICALS LIMITED
The plaintiffs sought a decree of permanent injunction against the defendants concerning Indian Patent No. 269841. The defendants submitted that they had not commercialized any product containing 'Ruxolitinib' and did not intend to do so in the future.
Bisleri International Private Limited v.M/S Shri Sai Foods & Beverages & Ors
The Delhi High Court granted the plaintiff, Bisleri International Private Limited, an extension of 90 days to execute local commissions in a trademark infringement suit. The court also appointed four additional advocates as local commissioners. This order facilitates the quantification of damages by allowing detailed inspection and inventory of infringing goods at the defendants' premises.
Puma Se v.Surender Singh And Anr.
The Delhi High Court allowed Puma Se's petition seeking cancellation of a deceptively similar trademark, 'P11MA,' registered by Surender Singh in Class 25. The court found that the respondent had slavishly copied the petitioner's established and well-known mark, PUMA, leading to a high likelihood of consumer confusion. Furthermore, the respondent voluntarily agreed not to contest the petition, solidifying the decision for removal.
NEC Corporation v.TCL Industrial Holdings Co., Ltd.; TCL Communication Technology Holdings Ltd.; TCL Overseas Marketing Ltd.
This UPC Court of Appeal decision addresses the complex issue of serving legal documents on defendants domiciled in non-EU jurisdictions, specifically China and Hong Kong. NEC Corporation sought to use alternative service methods (email or public notice) for its TCL counterparts, but the Court rejected this request. The ruling reinforces that procedural formalities regarding international service cannot be bypassed simply due to the claimant's desire for a swift remedy, emphasizing adherence to both UPC rules and relevant national laws.
Super Smelters Ltd. v.Rekha Tayal &Anr.
The Calcutta High Court ruled in favor of Super Smelters Ltd., a leading manufacturer of TMT Bars, in its application to rectify a trademark registration. The court found that the respondent's mark was deceptively identical and phonetically similar to the petitioner's established 'SUPER SHAKTI' brand. Crucially, the court noted a glaring error by the registrar who failed to consider the petitioner's prior registrations during the examination process. Consequently, the High Court ordered the cancellation of the impugned registration, affirming the petitioner's strong prima facie case and preventing consumer confusion.
YC Electric Vehicles v.Saksham Trading Company
YC Electric Vehicles successfully concluded its trademark and design infringement suit against Saksham Trading Company through an amicable settlement. The court decreed the suit, formalizing the defendant's admission that YC is the sole owner of the 'YATRI' and 'YC' trademarks, as well as specific E-Rickshaw designs. The settlement also included a payment of ₹50,000 to the plaintiff, providing a definitive resolution to the dispute.
Volkswagen AG v.Network System Technologies LLC
In this preliminary ruling, Volkswagen AG and its co-claimants challenged Network System Technologies LLC's infringement action concerning EP 1 875 683 B1. The Court of First Instance partially rejected the defendants' preliminary objections regarding jurisdiction and the admissibility of claims. While the court allowed the case to proceed, it narrowed the scope of alleged infringement significantly, focusing primarily on a specific TI DRA79x SoC model. This decision sets the stage for the main proceedings while addressing critical procedural hurdles.
SodaStream Industries Ltd. v.Aarke AB
In a significant ruling for the carbonation device market, the UPC Local Division in Düsseldorf found that SodaStream Industries Ltd. successfully proved infringement against Aarke AB regarding their respective carbonator products. The court granted an interim damages award of EUR 250,000 and issued a cease and desist order based on Claim 1 of EP 1 793 917. This decision reinforces the importance of precise claim construction under Art. 69 EPC while providing immediate relief to the patent holder.
Syngenta Limited v.Sumi Agro Limited
This UPC decision addresses a procedural request for confidentiality rather than patent infringement itself. The Court of First Instance granted the defendants' motion to classify specific exhibits (SA-1 and SA-9) as strictly confidential under Rule 262A. This ruling is significant for practitioners, reinforcing the court's commitment to protecting sensitive commercial information during litigation proceedings.
ARM Limited v.ICPillar LLC
This UPC Court of Appeal decision addresses a procedural application concerning service and confidentiality during appeal proceedings related to infringement of EP 3000239. Although the court confirmed that ARM was technically served with ICPillar's statement of appeal, it acknowledged technical difficulties preventing ARM from accessing the unredacted version of Exhibit 4 (an insurance policy). Consequently, the Court granted an extension for ARM to file its response, ensuring due process is maintained despite CMS issues.
Western Digital Technologies Inc. v.Daichi International
In this trademark infringement suit, Western Digital alleged that Daichi International was rebranding and reselling used/refurbished HDDs originally manufactured by WD under the 'Daichi' brand. The Delhi High Court issued conditional interim directions, allowing sales to continue but mandating that all impugned products must carry a clear disclaimer stating they are used and refurbished goods. Furthermore, the defendant was ordered to file detailed stock statements regarding the purchase and sale of these specific HDDs.
Versuni Holding B.V. v.Deputy Controller of Patents and Designs
Versuni Holding B.V. challenged the Patent Controller's hearing notice regarding its patent application, arguing that it was not provided with copies of the written statements filed by the two opponents. The court found that the procedure was flawed due to this omission.
Network System Technologies LLC v.Volkswagen AG and Audi AG (and Texas Instruments Incorporated/Deutschland GmbH)
This UPC CFI decision addresses preliminary objections raised by Volkswagen/Audi and Texas Instruments against Network System Technologies regarding EP 1 552 669 B1. The Court partially dismissed these objections, allowing the infringement action to proceed in the main proceedings. Key issues addressed included jurisdiction (specifically concerning UK claims) and the admissibility of certain claims and damages. This ruling emphasizes the UPC's commitment to case management efficiency when dealing with complex patent litigation.
M/S. Lotus Organic Care v.M/S. Aadhar Products Pvt. Ltd.
The Rajasthan High Court allowed a writ petition filed by M/S. Lotus Organic Care, setting aside a lower court's rejection of its application under Section 124 of the Trademarks Act. The core issue was whether the petitioner had made sufficient prima facie pleadings in their written statement to warrant staying the infringement suit while they pursued trademark rectification. The High Court held that the trial court only needs to record prima facie satisfaction based on the pleadings, not evaluate the evidence for the eventual rectification application. Consequently, the infringement proceedings were stayed, allowing the petitioner to proceed with challenging the validity of the respondent's trademarks.
Gujarat Co-Operative Milk Marketing Federation Ltd & Anr. v.Terre Primitive & Ors.
The Delhi High Court addressed a trademark infringement suit filed by the Gujarat Co-Operative Milk Marketing Federation (AMUL) against Terre Primitive. The court found that the defendant's use of 'Amuleti' was identical and deceptively similar to AMUL's well-known mark, leading to potential consumer confusion. Consequently, the court granted interim relief, directing the defendant to cease using the infringing marks, take down products from their website, surrender materials for destruction, and block specific social media URLs.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 5584/CHENP/2010). The rejection was based on lack of inventive step and exclusion as a computer program per se. The High Court allowed the appeal, finding that the invention possesses enhanced technical effect and meets the inventive step criteria.
Ms. Bhupinder Mehta v.Sh Pradeep Bareja & Anr.
The Delhi High Court initiated proceedings seeking the rectification/cancellation of the trademark 'BSM' (Application No. 5149074) in Class-11. The petitioner alleged that the respondent dishonestly adopted a deceptively similar mark, which was identical to her prior registered trademark. While some procedural applications were disposed of, the court formally issued notice to all respondents and set a timeline for filing replies, moving the core dispute forward.
Udaykumar Chabidas Patel v.Controller of Patents and Designs & Anr.
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.
NEC Corporation v.TCT Mobile Europe SAS, TCL Deutschland GmbH & Co. KG, TCT Mobile Germany GmbH, TCL Industrial Holdings Co., Ltd., TCL Overseas Marketing Ltd., TCL Communication Technology Holdings Ltd., TCL Operations Polska Sp. z.o.o
In this preliminary procedural order, the UPC Court addressed an issue of service of process in a patent infringement case brought by NEC Corporation against several TCL entities. The core dispute revolved around proving that Defendant 2 (TCL Industrial Holdings Co., Ltd.) had properly received the claim filed under EP 3 057 321. The court ultimately accepted the defendant's own statement as valid proof of service, thereby clearing a procedural hurdle and allowing the main infringement action to proceed.
Boehringer Ingelheim International GmbH v.Nexkem Biotech Pvt. Ltd.
Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.
Ona Patents SL v.Apple Retail Germany B.V. & Co. KG, Apple Distribution International Ltd., Apple GmbH, Apple Retail France EURL, Apple Inc.
This UPC Court of Appeal decision addresses a procedural dispute regarding the language of proceedings in an infringement case involving Apple and Ona Patents SL. The appeal sought to change the language from German (the patent's granting language) to English, based on the multinational nature of Apple and the technical field's common use of English. The court ultimately sided with Apple, finding that maintaining the German language would disproportionately disadvantage the defendant, thereby upholding the principle of fairness over the claimant's initial choice.
Khadi And Village Industries Commission v.Mr Ashish Singh And Ors
The Delhi High Court granted an interim injunction in favor of the Khadi And Village Industries Commission against Mr. Ashish Singh and others. The Plaintiff, a statutory body protecting the 'KHADI' mark, alleged that Defendants were deceptively using similar marks like 'KHADI ORGANIC' on various products and websites to exploit public goodwill, particularly around religious events. The Court found a prima facie case for infringement and passed orders restraining the defendants from manufacturing or selling goods under infringing marks and mandating the suspension of the associated domain name.
Simulity Labs Limited v.ARM Limited (and associated entities)
This UPC Court of Appeal decision addressed a procedural application concerning the confidentiality of evidence (Exhibit 4) in an ongoing infringement action involving ARM and ICPillar. The court rejected ICPillar's request to keep the information confidential, deeming the justification insufficient. Consequently, the unredacted version of the exhibit was made available to the Respondents, allowing them time to amend their pleadings.
Ashok Bhutani v.The Registrar Of Trade Marks & Anr.
Ashok Bhutani successfully challenged the Trademark Registry in the Delhi High Court regarding the non-renewal of his word mark 'SNOWPEAK'. The petitioner argued that the failure to receive mandatory O-3 notices prevented him from filing timely renewal applications. Recognizing the registry's lapse, the court directed the respondents to issue all pending renewal certificates and subsequently restore and renew the trademarks for a further ten-year period.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
In this procedural order, the UPC Local Division in Düsseldorf addressed a request by Fujifilm Corporation to submit further written observations regarding the private prior use defense raised by Kodak entities. The Court ultimately rejected the request, citing concerns over unnecessary delay and the timing of the submission relative to other proceedings. This decision reinforces the strict procedural requirements within the UPC, emphasizing that requests for additional pleadings must be carefully weighed against the overall efficiency and timeline of the litigation.
Network System Technologies LLC v.Texas Instruments Incorporated, Texas Instruments Deutschland GmbH
This UPC decision addresses preliminary objections raised by both parties regarding an infringement action concerning EP 1 875 683 B1. The Court partially dismissed the motions seeking dismissal of the case as manifestly unfounded, allowing the core infringement claims to proceed. However, it significantly narrowed the scope of alleged infringing products, focusing only on specific models like the TI DRA79x SoC. Furthermore, complex issues regarding jurisdiction and damages were deferred to the main proceedings due to ongoing validity challenges.
Daedalus Prime LLC v.Xiaomi Inc.
In this UPC case concerning the patent EP2792100, Daedalus Prime LLC sought to restrict access to confidential documents related to the patent transfer agreement. The Court of First Instance issued a preliminary order balancing confidentiality concerns with procedural fairness for the Defendants (Xiaomi and MediaTek). While granting restricted access to specific in-house legal counsel, the court rejected the Claimant's argument that all employees were irrelevant, but also limited access based on job function.
Nutraceutical Wellness Inc. v.Dhruvil Damajibhai Zadafiya As D D Fashion & Anr.
Nutraceutical Wellness Inc. initiated proceedings before the Delhi High Court seeking the cancellation of a trademark registration held by the respondent. The petitioner argued that their internationally registered and long-standing wordmark, 'NUTRAFOL,' relates to over-the-counter hair growth products. The court accepted the petition and directed the issuance of notice to the respondents, setting the stage for further litigation regarding the validity and use of the mark.
ATLAS COPCO AIRPOWER NAAMLOZE VENNOOTSCHAP v.THE CONTROLLER GENERAL OF PATENTS AND DESIGNS AND ANR
The petitioner company filed an appeal (IPDPTA/12/2022) which was dismissed for default. The petitioner sought condonation of a 330-day delay, citing being based in Belgium and unaware of the transfer of IPAB matters to the High Court due to legal changes and COVID-19. The court found sufficient cause and allowed the delay, restoring the appeal.
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