IP Cases — 2024
1,677 decisions across all jurisdictions
Page 45 of 56 · 1,677 total
Lt Foods Ltd & Anr. v.Ss Enterprises
The Delhi High Court granted an ex parte ad interim injunction in favor of Lt Foods Ltd & Anr. against Ss Enterprises regarding alleged trademark infringement and passing off related to rice products. The court found that the plaintiffs had made out a prima facie case, noting the defendant was distributing empty packaging filled with non-plaintiff's grains. This immediate relief prevents further damage while the main suit proceeds, underscoring the court's willingness to protect established brands against counterfeiting.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA)
Ballinno B.V. sought a provisional injunction against UEFA, Kinexon GmbH, and Kinexon Sports & Media GmbH regarding its patent covering methods for detecting offside situations using sound signals in sports. The UPC Court of First Instance dismissed the application for provisional measures. The court's decision highlighted the importance of demonstrating urgency when pursuing infringement claims, noting that a prolonged period without significant efforts to clarify potential infringement can be detrimental. This ruling serves as a cautionary note regarding procedural diligence in urgent patent litigation.
C-KORE SYSTEMS LIMITED v.NOVAWELL
This procedural order sets the stage for a complex infringement dispute between C-KORE SYSTEMS LIMITED and NOVAWELL concerning patent EP2265793. The Court addressed several preliminary motions, dismissing requests for additional witnesses or language changes, while formally defining the scope of the upcoming oral hearing. Crucially, the Judge-Rapporteur established the value of the case at EUR 1 million, paving the way for a detailed examination of patent validity and infringement.
F. Hoffman-La Roche AG v.Tandem Diabetes Care, Inc.
In this UPC case concerning diabetes care technology, the court addressed procedural challenges raised by several defendants seeking to change the language of proceedings from German to English. The claimants argued that the procedural language was fixed and could not be changed against their will. The court ultimately dismissed all requests for a language change, citing strict rules regarding filing deadlines and the lack of legal grounds for altering the established procedure.
Master Arnesh Shaw v.Union Of India & Anr.
The petition addressed the extremely cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to these medicines.
Mankind Pharma Limited v.Alembic Pharmaceuticals Limited
In a trademark infringement suit, Mankind Pharma Limited sought an injunction against Alembic Pharmaceuticals Limited regarding the use of the mark 'TOFASTAR' versus 'TOBASTAR'. The court allowed the plaintiff's request for exemption from pre-litigation mediation due to the urgency of the matter. Furthermore, both parties indicated a willingness to settle the dispute at the earliest opportunity, leading the court to renotify the case for further proceedings.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising its Letters Patent Appellate Jurisdiction, disposed of a series of interconnected Letters Patent Appeals (L.P.A.). The judgment confirmed the disposition of these appeals based on the precedent established in L.P.A. No. 203 of 2022 and other analogous cases. This ruling provides clarity and specific directions across multiple patent disputes involving various parties, thereby concluding the appellate proceedings.
Gunjan Sinha @ Kanishk Sinha v.Union of India
The appellants filed an appeal challenging a single bench order that had dismissed their writ petition. The original petition questioned the validity (vires) of Section 53 of the Patents Act, 1970. The court admitted the appeal but dismissed the prayer for stay, stating that the statute remains valid until struck down.
Sharp Kabushiki Kaisha v.Assistant Controller of Patents and Designs, Government of India
Sharp Kabushiki Kaisha appealed the Patent Controller's rejection of its application for a communication system. The appellant argued that the grounds of rejection were not properly disclosed or overlooked by the Controller. The Madras High Court allowed the appeal and set aside the impugned order.
havells india limited v.azad singh
Havells India Limited sued Azad Singh for trademark infringement and passing off, alleging that Azad Singh's use of 'REO-LT' on low tension wires deceptively imitated Havells’ registered trademark 'REO'. Havells claimed significant brand recognition and consumer confusion due to the similarity between the marks.
Pharmacyclics Llc v.Deputy Controller Of Patents And Designs
Pharmacyclics Llc appealed the Deputy Controller of Patents and Designs' decision dated March 5, 2024, which refused to grant a Patent under Section 15 of the Act. The appellant also filed an application seeking condonation of eight days delay in filing the appeal.
Prabhu Soap Works v.The Commissioner of GST and Central Excise
Prabhu Soap Works challenged the department's demand for service tax levied on notional interest, arguing that permitting its wife's concern to use its registered brand names did not constitute a taxable Intellectual Property Service. The Tribunal found that since no consideration was charged for the alleged IPR service, the departmental assessment based on notional interest and cost-based valuation was unsustainable. Consequently, the appeal was allowed.
Fintie Llc Through Mr.Nai Chu Cheng v.Vivekananda Chintapalli Of Flat 5 & The Registrar of Trade Marks
The Madras High Court allowed Fintie LLC's petition seeking the cancellation of a conflicting trademark registration. The court found that the respondent had registered the identical word mark 'FINTIE,' relying on the petitioner's established goodwill and prior use in other jurisdictions. Given the clear identity of the marks, the court ruled it inappropriate for the respondent's mark to remain on the register.
Abbott Diabetes Care Inc. v.Sibio Technology Limited
In this provisional measures case concerning an on-body glucose sensor device, the UPC Court of First Instance denied the preliminary injunction sought by Abbott Diabetes Care Inc. The core finding was that the patent in question (EP3831283) suffered from 'added matter,' making it highly probable that the patent would be invalidated if the full merits proceedings were held. This decision underscores the critical importance of strict adherence to the scope of claims during prosecution and litigation within the UPC framework.
Panasonic Holdings Corporation v.Xiaomi Technology Germany GmbH, Xiaomi Technology France S.A.S, Xiaomi Technology Italy S.R.L, Xiaomi Technology Netherlands B.V., Odiporo GmbH, Shamrock Mobile GmbH, Xiaomi Communications Co., Ltd., Beijing Xiaomi Mobile Software Co. Ltd., Xiaomi H.K. Limited
In this complex UPC case, Panasonic Holdings Corporation asserts infringement of EP 2568724 against various Xiaomi entities and others. The court issued a detailed procedural order, focusing heavily on the technical nuances of LTE signaling, specifically concerning PUCCH and SRS bandwidth allocation and dynamic adjustments. The ruling sets the stage for deep dives into both infringement (how the features are implemented) and validity (whether prior art negates novelty or inventive step).
Anil Kumar Sole Proprietor Of M/S Anil Kumar Ramesh Kumar v.Jyoti Sales House & Anr.
The Delhi High Court addressed a suit filed by Anil Kumar, seeking permanent injunctions against the alleged infringement of his registered trademark 'DHANI' used for edible oil. The plaintiff claimed that the defendant's mark, 'DHANIBABA', was deceptively similar in the same business sector. Recognizing the potential for resolution, the court referred the matter to the Delhi High Court Mediation and Conciliation Centre, allowing both parties an opportunity to settle their trademark dispute outside of litigation.
Network System Technologies LLC. v.Audi AG
This UPC Court of Appeal decision addresses a procedural motion regarding the exchange of written pleadings in an ongoing infringement appeal. Audi AG successfully requested permission to submit additional statements, arguing that the opposing party, NST, had misrepresented facts during the proceedings. The court granted this request, allowing both parties more time to present their arguments before the substantive issues are decided.
Panacea Biotec Limited v.Sanofi Healthcare India Private Limited
Panacea Biotec Limited filed a patent infringement suit against Sanofi Healthcare India Private Limited concerning the product Shan6, which allegedly infringes IN 351. The parties reached an amicable resolution and settled the dispute before the Delhi High Court.
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.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This UPC Court of Appeal order addressed a procedural challenge brought by Suinno Mobile & AI Technologies Licensing Oy against an earlier CFI order concerning security for costs. Suinno sought discretionary review, arguing that the original CFI order failed to properly indicate its right to appeal under UPCA rules. The Court ultimately dismissed the request, emphasizing strict adherence to the appellate procedure.
Mastery Logistics Systems, Inc. v.The Senior Examiner of Trade Marks, Mumbai
The Bombay High Court addressed a petition seeking to quash an earlier trademark registration granted by the Senior Examiner. The Petitioner argued that their submissions regarding opposition were ignored in the original decision. Recognizing the need for a thorough review, the court set aside the impugned order and remanded the matter back to the Trademark Authority for fresh consideration, ensuring both parties' contentions are taken into account.
10x Genomics, Inc. v.Vizgen, Inc.
This UPC decision addresses a critical procedural issue concerning the timing of patent amendments during infringement proceedings. The court examined an application by President and Fellows of Harvard College to amend its patent based on developments in parallel EPO opposition proceedings. While the initial amendment request was rejected, the court allowed an appeal because the question of when subsequent amendments can be filed under Rule 30.2 VerfO has broad significance for UPC practice. This case highlights the strict procedural requirements governing changes to patent claims mid-litigation.
Huawei Technologies Co. Ltd v.Netgear Deutschland GmbH; Netgear Inc.; Netgear International Limited
Huawei Technologies initiated an infringement action against Netgear entities regarding the Wi-Fi 6 standard, asserting ownership of EP 3 611 989, which is declared essential for the standard. The defendants raised multiple counterclaims, including invalidity and non-infringement arguments. The UPC Local Division in Munich issued a procedural order setting the case for oral hearings in October 2024 and appointing an expert to translate complex technical documents, indicating that the case will proceed to detailed examination.
V.R. Industries Private Ltd. v.Rajesh Kejriwal
The Delhi High Court upheld a lower court's interim injunction restraining V.R. Industries Private Ltd. from using the trademark 'GOLDEN GATE.' The respondent, Rajesh Kejriwal, holds registered trademarks for this name across various food and chemical classes. Despite the appellant claiming prior use and pending cancellation proceedings against the registration, the High Court found no grounds to interfere with the Commercial Court's exercise of discretion regarding the injunction. This decision reinforces the weight given to existing trademark registrations in preventing potential infringement.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
In this procedural order within an infringement action, Oerlikon Textile sought protection for confidential information contained in documents submitted during litigation. The UPC Court addressed two key documents: a settlement agreement (Doc n. 37) and commercial data (Doc n. 38). The court ultimately excluded the highly sensitive settlement agreement from evidence while granting Himson Engineering limited, controlled access to the redacted commercial data under strict confidentiality rules.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising its Letters Patent Appellate Jurisdiction, disposed of multiple appeals filed by The State of Jharkhand against various respondents. These appeals were decided based on the judgment passed in L.P.A. No. 203 of 2022 and other analogous precedents. The court provided further clarifications and directions while settling these complex patent-related disputes.
EDWARDS LIFESCIENCES CORPORATION v.MERIL LIFE SCIENCES PVT LIMITED, VAB-LOGISTIK, UAB, SMIS INTERNATIONAL OÜ, MERIL GMBH, SORMEDICA, UAB, INTERLUX, UAB
This UPC Order addressed procedural matters in a complex infringement and revocation case involving Edwards Lifesciences and Meril Life Sciences. The Court confirmed the case value and maintained the scheduled oral hearing date despite concurrent proceedings at the EPO Opposition Division. Crucially, the court ruled to exclude late-filed attacks on inventive step that were not part of the initial claims or defenses, reinforcing principles of procedural fairness in UPC litigation.
Edwards Lifesciences Corporation v.Meril GmbH / Meril Life Sciences Pvt Ltd.
This UPC appellate decision focused solely on the allocation of legal costs following an initial case where the defendant submitted a declaration of cessation and undertaking. The court affirmed that while such declarations often favor the claimant, Meril was ultimately held liable for the appeal costs due to its procedural conduct in the first instance. This ruling reinforces the principle that cost allocation under Art. 69 EPGÜ considers not only the final outcome but also the degree of success or failure throughout the proceedings.
Apex Laboratories Pvt. Ltd. v.Zenon Healthcare Limited
Apex Laboratories Pvt. Ltd. filed a civil suit against Zenon Healthcare Limited and Krishnam Bio-Tech alleging trademark and copyright infringement related to its product ZINCOVIT. The plaintiff sought permanent injunctions against the use of deceptively similar marks like ZINOZVIT, as well as relief for passing off and unauthorized reproduction of artistic works. Both parties ultimately resolved their dispute amicably through a Joint Memorandum of Compromise.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
This UPC decision is a procedural order in a revocation action brought by NanoString Technologies against Harvard College concerning EP2794928. The court reinforced the strict 'front-loaded' nature of UPC proceedings, setting clear boundaries for amendments and late submissions. Key decisions included admitting new prior art (D46) into the case and formally establishing the financial value of the dispute at EUR 7.5 million for cost assessment. This order moves the case closer to trial while maintaining strict procedural discipline.
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