IP Cases — 2024
1,861 decisions across all jurisdictions
Page 5 of 63 · 1,861 total
Pharma Mar, S.A. v.The Assistant Controller Of Patents And Designs
Pharma Mar, S.A. filed an appeal challenging the rejection of its Patent Application No. 202117032003 for "Anti-Cancer Compounds" by the Assistant Controller of Patents and Designs. The court accepted notice and listed the matter for further hearing.
Natera Inc v.The Assistant Controller Of Patents And Designs
Natera Inc appealed against an order issued by The Assistant Controller of Patents and Designs, which held that its patent application (No. 18/DELNP/2015) was not patentable due to non-compliance with various sections of the Patent Act, 1970. The High Court issued notice and granted time for the respondent to file a reply.
Roppen Transportation Services Private Limited v.Mr. Nipun Gupta & Anr.
Roppen Transportation Services Private Limited filed a petition seeking the removal of an allegedly infringing trademark, 'RAPIDO' (No. 4459206), registered in Class 39. The Delhi High Court proceeded with issuing notice to all permissible parties, setting the matter for return on September 24, 2024. While procedural applications regarding document filing were addressed, the core dispute over trademark cancellation is now moving forward.
Progress Maschinen & Automation AG v.AWM S.R.L.
This UPC CFI decision addressed a procedural application by the patent proprietor seeking access to expert reports gathered during provisional measures. The Court ruled against Progress Maschinen & Automation AG, finding that the applicant failed to initiate substantive proceedings within the mandatory timeframe established by the initial order. Consequently, the provisional measures were revoked and the request for report disclosure was dismissed. This case underscores the strict procedural requirements governing evidence preservation in UPC actions.
Thukral Mechanical Works v.Pm Diesels Private Limited & Anr.
The Delhi High Court, in a series of connected appeals, addressed challenges to an earlier finding regarding trademark non-use. While some applications were disposed of with exemptions allowed, the court granted a stay on the main impugned judgment. This decision highlights the ongoing judicial scrutiny over trademark cancellation proceedings, particularly when conflicting interpretations of Supreme Court precedents arise.
Rupa Gujral & Ors. v.Raghav Jaggi
Rupa Gujral and others filed a rectification petition under Section 57 of the Trademarks Act, 1999, seeking removal of an impugned trademark (No. 3777931) related to 'Original Dal Makhani & Butter Chicken'. The Delhi High Court issued notice to the respondent, Raghav Jaggi, requiring him to file a reply within six weeks. The matter has been scheduled for further hearing on July 25, 2024.
R. & D. S.R.L. v.Controller of Patents and Designs, Government of India
R. & D. S.R.L. appealed the rejection of its Patent Application (No. 8850/CHENP/2012) by the Controller of Patents and Designs. The appellant argued that the impugned order was non-speaking, failing to provide reasons for rejecting the application or disallowing amended claims. The High Court agreed, finding the decision unsupported by adequate reasoning.
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.
Mimozax Co., Ltd. v.Assistant Controller of Patents and Design, Patent Office Chennai
Mimozax Co. appealed the rejection of its patent application for an anti-obesity composition derived from Acacia, which was refused based on several grounds including reliance on undisclosed prior art. The High Court found that the Controller failed to provide all relevant materials to the appellant and emphasized the doctrine of fairness in patent proceedings.
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appellant filed an appeal challenging the refusal by the Assistant Controller to restore Patent No. 403793, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by a family exigency involving its attorney and that the restoration application was filed within the prescribed period. The High Court allowed the appeal, setting aside the impugned order.
Ashish Anilkumar Desai (M/s. Sujanil Chemo Industries) v.M/S.Maas Herbals Private Limited
The Madras High Court dismissed the Original Petition filed by Ashish Anilkumar Desai against M/S. Maas Herbals Private Limited. The petition sought rectification and cancellation of the trademark 'LICYL' from the register, citing issues with Registration No.2089321. Crucially, the court noted that despite multiple opportunities and service of notice, the petitioner failed to appear for hearing. Consequently, the case was dismissed purely on grounds of non-prosecution.
M.K.Agrotech Pvt. Ltd. v.Registrar Of Trademarks; K.Suma Trading as Suma Oil Agencies
M.K.Agrotech Pvt. Ltd. filed a petition seeking the rectification and cancellation of a rival trademark registration, arguing it was deceptively similar to its own mark. The petitioner also noted that the rival trademark had expired and not been renewed. Consequently, the Madras High Court dismissed the petition as having become infructuous, effectively upholding the status quo regarding the challenged registration.
Telefonaktiebolaget Lm Aricsson (Pub) v.Controller General of Patents and Designs and Trademarks
This order in Telefonaktiebolaget Lm Aricsson vs Controller General of Patents and Designs deals with a patent application that has technically expired. Despite the expiration, the appellant raised arguments concerning whether telecommunication methods fall under the scope of 'algorithm' or 'business method', which would restrict them under Section 3(k) of the Patents Act, 1997. The court acknowledged this academic issue and scheduled the matter for further hearing.
Thukral Mechanical Works v.Pm Diesels Private Limited & Anr.
The Delhi High Court, in a series of connected appeals, addressed challenges to an earlier finding regarding trademark non-use. While some applications were disposed of with exemptions allowed, the court granted a stay on the main impugned judgment. This decision highlights the ongoing judicial scrutiny over trademark cancellation proceedings, particularly when conflicting interpretations of Supreme Court precedents arise.
Sequenom, Inc And Anr v.The Controller Of Patents
The appellants challenged the rejection of their Indian Patent Application No. 2476/DELNP/2011 by The Controller of Patents on multiple grounds, including Section 3(i) of the Patents Act, 1970. Given that the challenge under Section 3(i) is being deliberated in a batch of appeals before another Bench, the Court decided to tag this appeal for hearing before that same Bench to ensure uniformity.
Thukral Mechanical Works v.Pm Diesels Private Limited & Anr.
The Delhi High Court, in a series of connected appeals, addressed challenges to an earlier finding regarding trademark non-use. While some applications were disposed of with exemptions allowed, the court granted a stay on the main impugned judgment. This decision highlights the ongoing judicial scrutiny over trademark cancellation proceedings, particularly when conflicting interpretations of Supreme Court precedents arise.
ITC Limited v.Philip Morris Products S.A.
ITC Limited filed an appeal challenging the order that rejected its post-grant opposition against a patent granted to Philip Morris Products S.A. The court issued notices and set the matter for further hearing.
Audi AG v.Network System Technologies LLC.
In a procedural ruling concerning an appeal against a security for costs decision, the UPC Court of Appeal rejected Audi AG's request to expedite the proceedings. Audi argued that delays were causing increasing legal costs and sought to shorten deadlines under R.9.3(b). The court found the request lacked sufficient substantiation and specificity, upholding standard procedural timelines.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed against the Assistant Controller's order which concluded that its subject patent lacked inventive step. The appellant argued that the subject application claimed improvements over an earlier granted patent (Patent No. 327649) and sought conversion into a patent of addition under Section 54 of the Patents Act, 1970. The Court found merit in this submission.
Fena Private Ltd v.Balwinder Kumar & Anr.
Fena Private Ltd successfully petitioned for the cancellation of a similar trademark, 'NIPPU,' registered by Balwinder Kumar in Class 3 goods. The Delhi High Court found that Fena had established prior rights and extensive goodwill with its mark 'NIP' since 1976. Given the identical nature of the goods (detergents/cleaning preparations) and the deceptive similarity between the marks, the court ruled that the impugned registration was obtained dishonestly to trade upon Fena's reputation, leading to its removal from the Register.
Kubota Corporation v.Kaira Agros & Ors.
The Delhi High Court granted urgent interim relief to Kubota Corporation in its suit against Kaira Agros. Recognizing the threat posed by counterfeit products, the court allowed an ex-parte appointment of a Local Commissioner. This commissioner is directed to search premises and seize packaging, stickers, and promotional material bearing infringing marks, while also documenting non-infringing machinery. The order paves the way for the formal registration of the suit.
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.
Societe Des Produits Nestle S A v.The Registrar Of Trade Marks
Nestle appealed a trademark refusal order from the Trademark Registry to the Delhi High Court. The original rejection was based on the mark being non-distinctive and similar to existing registered marks. Due to procedural issues following the dissolution of the IPAB, Nestle had to file a fresh appeal in the High Court. The court accepted notice and scheduled further proceedings.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA)
This UPC decision addresses applications for provisional measures in a dispute involving sports technology patents. The Court upheld the defendants' right to request security for costs under Art. 69.4 UPCA, setting the required amount at €56,000. Crucially, the Panel dismissed the request for a technically qualified judge, asserting its own competence to handle the physics-related issues given the complexity and time sensitivity of the case.
The Food Masters v.V G And Group & Ors.
In a trademark dispute concerning the mark 'THE FOOD MASTER', the Delhi High Court suspended an existing ex parte injunction. The suspension was granted to allow the court to comprehensively assess conflicting claims regarding prior use and senior adoption by both parties. The court directed both sides to place crucial documents, including evidence of user status from 2013 and details of a related suit filed in Faridabad, on record before proceeding.
Panasonic Holdings Corporation v.Xiaomi H.K. Limited
This decision from the Mannheim Local Division addresses a complex procedural issue regarding service of process in international UPC cases. The claimant (Panasonic) faced repeated failures when attempting to serve documents on the respondent (Xiaomi HK Limited) via the Hague Service Convention due to political objections by the receiving authority. The court ultimately ruled that since all formal attempts were exhausted and further efforts were futile, the prior steps constituted valid service under Rule 275.2 VerfO. This ruling provides a crucial procedural pathway for claimants facing diplomatic or administrative hurdles in cross-border litigation.
Helsinn Healthcare Sa & Anr. v.Hetero Healthcare Limited
Helsinn Healthcare filed a suit seeking permanent injunction against Hetero Healthcare Limited for infringing their patent (No. 426553) related to a combination treatment for nausea and vomiting induced by chemotherapy. The court, after considering the promotional material of 'NETUPIN', found that the defendant's product was an integrated combination of the patented compounds, thus making a prima facie case for infringement.
Evergreen Sweet House v.JV Evergreen Sweets And Treats & Ors.
The Delhi High Court granted an interim injunction in favor of Evergreen Sweet House against JV Evergreen Sweets And Treats. The court found a prima facie case of passing off, noting that the plaintiff has been operating under the 'Evergreen' mark since 1963, establishing significant goodwill and prior use. Given the defendant's recent entry into the market and the likelihood of customer confusion on food delivery platforms, the court restrained the defendants from using the infringing mark until the final suit adjudication.
V.K.R. Venkatesan v.S.Athiappan
V.K.R. Venkatesan filed a civil suit against S.Athiappan, Proprietor of Chitra Enterprises, alleging infringement of his registered trademarks ('SIVAJI' and 'V.K.R. SIVAJI BRAND') and copyright over artistic works. The plaintiff sought perpetual injunctions to stop the use of deceptively similar marks like 'SIVAJI GOLD'. However, before the court could rule on the merits of the infringement claims, the plaintiff chose to withdraw the suit.
Magna International France, SARL, Magna PT s.r.o., Magna PT B.V. & Co. KG v.Valeo Electrification
This appeal before the UPC Court of Appeal concerned an application for suspensive effect regarding a preliminary injunction issued by the CFI against Magna. The core dispute centered on whether a specific BMW model, the 2 Series Gran Coupé, was correctly exempted from the injunction's scope. The Court of Appeal sided with Magna, finding that the exclusion was arbitrary and disproportionate given the evidence of production plans for this vehicle. Consequently, the court suspended the effect of the injunction specifically for the 2 Series Gran Coupé model.
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