IP Cases — 2024
1,677 decisions across all jurisdictions
Page 49 of 56 · 1,677 total
Spread Home Products Pvt. Ltd v.Homescapes @ Kesri Transcontinental
The Delhi High Court granted interim relief to Spread Home Products Pvt. Ltd in its suit against Homescapes @ Kesri Transcontinental regarding the alleged infringement of 'DOCTOR PILLOW'. The court allowed an ex-parte appointment of a Local Commissioner to conduct a search and seizure at the defendant's premises, aiming to gather evidence of counterfeit products. Furthermore, the court granted exemptions from pre-institution mediation and condoned a delay in filing the suit, paving the way for the main litigation.
Astrazeneca Ab v.Everest Pharmaceuticals Limited
Astrazeneca filed a suit seeking permanent injunction against Everest Pharmaceuticals for infringing its patent IN 297581, which covers the compound Osimertinib. The court found that the plaintiffs made out a prima facie case and granted an ad interim ex-parte injunction restraining the defendants from manufacturing or selling the infringing product until further hearing.
Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India
Rhodia Operations appealed a rejection order dated 11.11.2016 concerning Patent Application No. 6334/CHENP/2009, which related to polyamide materials with high fluid barrier properties. The appeal challenged the finding that the invention lacked inventive step and was obvious in view of prior art documents D5 and D6.
Sapporo Medical University v.Assistant Controller of Patents and Designs, Government of India
Sapporo Medical University appealed the rejection of its Patent Application No.1899/CHENP/2010 by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order was cryptic and failed to properly consider the prior art or the detailed explanations provided regarding inventive step. The High Court found the respondent's conclusion unsupported by material and allowed the appeal, remitting the matter for fresh consideration.
Edwards Lifesciences Corporation v.Meril Gmbh
This procedural order from the UPC Local Division Munich addressed applications filed by Meril Gmbh and Meril Life Sciences Pvt Ltd, seeking information about ongoing antitrust investigations by the European Commission against Edwards Lifesciences Corporation. The Court ultimately rejected these requests, finding that the Claimant's assertion—that the EC procedure was still in a preliminary fact-gathering stage without a formal investigation—was undisputed. This decision keeps the main infringement proceedings moving forward without external interference from EU competition authorities.
Mrs Arti Gupta & Anr. v.Puran Rana & Anr.
The Delhi High Court allowed a rectification petition filed by Mrs Arti Gupta against Puran Rana, leading to the cancellation of the trademark 'KONVIO NEER' registered in Class 35. The court found that the petitioner was the prior adopter and user of the mark since 2018, while the respondent obtained registration much later in 2022. Citing provisions of the Trade Marks Act, 1999, the High Court ruled that the subsequent registration by the respondent was not made in good faith and constituted a contravention of statutory rights.
Oerlikon Textile GmbH & CO KG v.Himson Engineering Private Limited
In this procedural order (UPC_CFI_240/2023), Oerlikon Textile GmbH & CO KG addressed its infringement claim against Himson Engineering Private Limited regarding patent EP2145848. The court focused heavily on case management, defining the scope of evidence and arguments for the upcoming oral hearing. Key issues included Himson's counterclaim for revocation, Oerlikon's auxiliary requests, and the admissibility of video and testimonial evidence. Due to a general strike in Italy, the interim conference was postponed.
Seoul Viosys Co., Ltd v.Laser Components SAS
This UPC decision addressed procedural motions filed by an intervening party, Photon Wave Co., Ltd., in a patent infringement case brought by Seoul Viosys against Laser Components SAS. The court rejected Photon Wave's requests for an extension of time to file a counterclaim for revocation and denied the request to change the language of proceedings. While the core infringement claims remain pending, the ruling clarifies strict procedural limitations on intervening parties under UPC rules.
Reckitt & Colman (Overseas) Hygiene Home Limited v.Ashok Kumar(S)/ John Doe(S)
In a major infringement suit concerning hygiene products, the Delhi High Court granted several procedural reliefs favoring the plaintiffs, Reckitt & Colman. The court allowed the plaintiffs to implead Ashok Kumar and John Doe as defendants and sanctioned an extensive local commission to investigate counterfeiting activities related to brands like HARPIC and LIZOL. Furthermore, the court provided exemptions from pre-institution mediation and advance service, paving the way for swift enforcement of their claims regarding trademark, copyright, design, and passing off infringement.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Fmc Agro Singapore Pte Ltd v.The Controller Of Patents
The appeal challenged the refusal order issued by the Controller of Patents, which rejected a second divisional application (grandchild application) because its claims were deemed to conflict with those in the original grandparent application. The appellant argued that filing the divisional application was necessitated by objections raised by the Controller. The High Court held that since the filing was a consequence of an objection, the division should be assessed on its own merits.
Hatsun Agro Product Ltd. v.V.Nataraja trading as M/s.Nataraja Traders
The Madras High Court ruled in favor of Hatsun Agro Product Ltd., directing the cancellation of a deceptively similar trademark registered by V.Nataraja Traders. The court found that the respondent's mark was strikingly and confusingly similar to the petitioner's established 'ArokyA' brand, despite minor differences or added devices. This decision reinforces the principle that similarity in appearance, color scheme, and overall impression can lead to trademark cancellation, even if the infringing party attempts slight modifications.
Panasonic Holdings Corporation v.Xiaomi Inc.
In this procedural ruling, the Mannheim Local Division of the UPC decided to split the ongoing infringement case involving Panasonic Holdings Corporation and Xiaomi entities. The separation was necessitated by the complex international service of process required for defendants located in China and Hong Kong. This decision allows the court to maintain momentum on the main proceedings while awaiting successful service against the non-EU parties, streamlining the overall litigation process.
Thijs, Roeland Michel Mathieu v.Assistant Controller Of Patents And Designs
The appellant challenged the respondent's refusal to restore Indian Patent no. 408932. The court issued notice and, without addressing the merits, granted the respondent two weeks to clarify a discrepancy regarding the email ID of the Patent Agent.
Puma Se v.Gajari Online Services Private Limited
The Delhi High Court granted a rectification petition filed by Puma Se against Gajari Online Services Private Limited, ordering the variation of the respondent's registered trademark (No. 3685326). The court accepted the petitioner's argument that the 'leaping lion' device within the impugned mark was deceptively similar to Puma's well-known 'leaping cat' device. Consequently, the court directed the deletion of the leaping lion element from the trademark while allowing the word 'GAJARI' to remain.
M/S Nakoda Food Marketing & Ors. v.M/S Mahesh Edible Oil Industries Limited
The Delhi High Court addressed an application filed by the respondent seeking interim relief in a trademark dispute. The court noted that while the respondent's mark is registered and well-known, the appellants' mark was unregistered and had previously been withdrawn from registration. Consequently, the court declined to grant any ad interim order at this stage but directed the appellants to file detailed documentation regarding their prior use and application history for future consideration.
Panasonic Holdings Corporation v.Xiaomi Technology France S.A.S., Xiaomi Technology Netherlands B.V., Shamrock Mobile GmbH, Xiaomi Technology Italy S.R.L., Xiaomi Technology Germany GmbH, Odiporo GmbH
This UPC Board of Appeal decision addresses a critical procedural issue regarding service of process on non-EU defendants, specifically those based in China and Hong Kong. Panasonic challenged the court's requirement for prior Hague Convention service attempts before allowing service via an EU group company (Xiaomi DE). The Board upheld the lower court's stance, emphasizing that corporate structure alone does not satisfy the requirements for valid cross-border service to non-EU jurisdictions. This ruling reinforces strict procedural adherence in UPC cases involving international defendants, particularly when attempting to leverage intra-group relationships for jurisdictional purposes.
NEC Corporation v.TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG
This procedural order addressed a request for protection of confidential information filed by the Defendants in an infringement action. The UPC Court granted the confidentiality request, recognizing that sensitive details regarding negotiations and FRAND Counterclaims required protection. This decision reinforces the mechanism available under the UPCA to safeguard trade secrets during litigation. For patent practitioners, this case highlights the importance of adhering strictly to procedural rules (Rule 262A RoP) when seeking confidential treatment for information.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH, Tesla Manufacturing Brandenburg SE
In this UPC decision, Avago Technologies sued Tesla regarding the infringement of EP 1 838 002, a patent covering programmable hybrid transmitters. The court ultimately ruled in favor of Tesla, declaring the patent invalid for Germany because its claims were anticipated by prior art (D3). This ruling not only dismissed the infringement claim but also established a significant precedent regarding the enforceability of patents facing strong prior art challenges within the UPC framework.
Panasonic Holdings Corporation v.Xiaomi H.K. Limited
This decision from the Mannheim Local Division addresses a critical procedural hurdle: service of process. The claimant, Panasonic Holdings Corporation, faced repeated failures in serving its infringement claim against Xiaomi H.K. Limited due to objections from foreign receiving authorities regarding the defendant's designation. The court ultimately ruled that since all formal and alternative delivery methods had been exhausted without success, the steps already taken were sufficient to constitute valid service under UPC rules. This ruling provides significant clarity on how courts can overcome jurisdictional barriers caused by external political or administrative refusals during international litigation.
Network System Technologies LLC. v.Audi AG
This UPC Court of Appeal decision addresses a procedural motion regarding the exchange of written pleadings during an appeal concerning security for costs. Audi AG successfully petitioned the court to allow it to submit additional facts and evidence, arguing that the initial proceedings contained factual errors by the opposing party, NST. The court granted this request, allowing both parties further time to refine their arguments before closing the written phase.
Individual (unnamed) v.OrthoApnea S.L.
In this procedural order, the UPC Local Division in Brussels addressed an objection raised by OrthoApnea S.L. against the claimant's ability to amend their infringement case. The court rejected the respondents' attempt to block the addition of new facts and arguments based on equivalence. This decision reinforces that while initial pleadings are crucial, the procedural rules allow for necessary adjustments during litigation, provided they maintain coherence with the ongoing proceedings.
M/S Arm Limited v.Union Of India & Anr.
The Delhi High Court ruled in favor of M/S Arm Limited, setting aside a previous refusal order that blocked the registration of their trademark 'AMBA'. The court accepted the reasoning from the dissolved IPAB and directed the Registrar of Trade Marks (Respondent No. 2) to proceed with the advertisement and registration process within four weeks. Furthermore, the Court highlighted systemic issues regarding the retention and authentication of records from defunct tribunals, mandating a status report on this matter.
Kunj Bihari Food Processors Private Limited v.Shree Shakambari Rice Mill Private Limited & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Kunj Bihari Food Processors Private Limited against Shree Shakambari Rice Mill Private Limited. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of identical or deceptively similar labels and trade dress for rice products. This immediate relief prevents the defendants from continuing to manufacture or sell goods under the disputed marks until the full trial can take place.
Suinno Mobile & AI Technologies Licensing Oy v.Microsoft Corporation
This UPC Court of Appeal decision addressed a request for discretionary review concerning an order from the Court of First Instance that rejected Microsoft's application to declare Suinno's infringement action manifestly inadmissible. The court ruled that such orders, which deal with case management and procedural admissibility (R.361 RoP), are not subject to discretionary appeal under Rule 220.3 RoP. Instead, they must be challenged via an application for review by the panel under Rule 333.1 RoP.
Crompton Greaves Consumer Electricals Limited v.Sheik Azeez-Ur Rahaman Trading as Kramson and The Registrar of Trade Marks
Crompton Greaves Consumer Electricals filed a petition seeking the rectification and removal of the trade mark 'KRAMSON' from the register. The court noted that the first respondent's mark had expired due to non-renewal. Consequently, the High Court closed the petition but granted liberty for it to be revived should the registration be renewed by the respondent.
Wings Pharmaceuticals P. Ltd. v.Khatri Healthcare P. Ltd. & Anr.
The Delhi High Court clarified its earlier order in this trademark cancellation petition. The Petitioner, Wings Pharmaceuticals P. Ltd., sought clarification after raising objections regarding territorial jurisdiction. Consequently, the court allowed the application, permitting the Petitioner to withdraw the current case and file a fresh petition before the appropriate Trademark Registry in Mumbai. Crucially, the court emphasized that this withdrawal does not prejudice the parties' rights or express any view on the merits of the original dispute.
Edwards Lifesciences Corporation v.Meril Life Sciences Pvt Limited, Meril GmbH, Smis International OÜ, Sormedica, UAB, Interlux, UAB, Vab-Logistik, UAB
In this procedural order, the UPC Court of First Instance addressed a request by multiple defendants to stay infringement proceedings pending decisions from the EPO Opposition Division. Despite an accelerated opposition hearing being scheduled at the EPO, the Court ruled against rescheduling its own oral hearing. The decision emphasizes the need for the UPC to maintain its timeline while acknowledging the parallel proceedings, setting the stage for the main merits hearing.
Oerlikon Textile GmbH & CO KG v.Bhagat Textile Engineers
Oerlikon Textile GmbH & CO KG initiated infringement proceedings against Bhagat Textile Engineers concerning a textile machinery patent (EP2145848). The case is currently in the procedural phase, with the court addressing key evidentiary issues such as whether the defendant commercialized the infringing machines. The judge issued a detailed order setting strict deadlines for both parties to submit documents related to expert reports, royalties, and settlement proposals. This ruling highlights the UPC's rigorous approach to evidence management before proceeding to trial.
Havells India Ltd v.Mohit Talwar & Ors.
Havells India Ltd filed a suit against Mohit Talwar & Ors. concerning alleged infringement of its registered designs and trademark on Distribution Boards. The current order addresses an application seeking modification of the interim injunction, which required the Commissioner of Customs to stop the export of infringing products. To facilitate compliance with this suspension order, the court directed the defendants (No. 1, 2, and 3) to provide their Importer Exporter Code (IEC) details to enable effective enforcement.
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