IP Cases — 2024
1,677 decisions across all jurisdictions
Page 53 of 56 · 1,677 total
Hendrickson USA, L.L.C. v.The Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 2621/CHENP/2015) by the Controller, which had previously found that shot peening in the Heat Affected Zone (HAZ) was obvious from prior art. The appellant argued that its invention specifically claimed peening beyond the stress concentration boundary and asserted technical advantages for this extension. The High Court set aside the rejection order and remanded the matter to allow a fresh examination of the claim's novelty and non-obviousness based on peening beyond the HAZ.
Syngenta Limited v.Sumi Agro Limited
This UPC decision addresses critical procedural aspects within an application for provisional measures concerning a herbicide composition patent. The court clarified the burden of proof for product claims, stating that applicants do not need to prove why the composition has all features, only that it does or will. It also set strict limits on validity challenges in summary proceedings, requiring respondents to narrow their arguments to three key points. These rulings provide important guidance for practitioners navigating urgent infringement actions at the UPC.
TIRU v.MAGUIN SAS
TIRU successfully obtained provisional measures from the UPC Local Division of Paris to investigate alleged infringement by MAGUIN SAS regarding a waste incineration patent (EP3178578). The court authorized physical seizure of documents, digital data preservation, and site inspections at VALINEA ENERGIE's facilities. This decision is crucial for TIRU as it allows them to gather necessary evidence before initiating the main infringement proceedings under the UPC.
3M INNOVATIVE PROPERTIES COMPANY v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 201747024977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, claiming the invention was a non-technical computer program or mathematical method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection, leading to the matter being remanded for fresh consideration.
Edwards Lifesciences Corporation v.Meril GmbH; Meril Life Sciences Pvt Ltd.
This UPC Court of Appeal decision addresses an application for suspensive effect concerning a cost order issued by the Court of First Instance (CFI). The CFI had ordered Meril GmbH and Meril Life Sciences to bear significant costs after the main provisional measures action became moot due to a cease-and-desist undertaking. The Appellants appealed this cost ruling, arguing that further procedural steps would incur unnecessary expenses. However, the UPC Court of Appeal rejected the application for suspensive effect, emphasizing the procedural priority given to timely cost decisions under the Rules of Procedure.
C-KORE SYSTEMS LIMITED v.NOVAWELL
This procedural order addressed the protection of confidential information in a trade secret dispute between C-Kore Systems Limited and Novawell. The Court established a confidentiality club to manage documents gathered during a Saisie procedure, ensuring compliance with EU trade secret directives and UPC rules. Crucially, the ruling affirmed that mutual agreement can override strict procedural requirements regarding the composition of the club, provided fairness is maintained.
Tandem Diabetes Care, Inc. v.Roche Diabetes Care GmbH
In this procedural order, the UPC Central Division addressed a request by Tandem Diabetes Care to extend its deadline for filing a defense in an action for declaration of non-infringement against Roche. The Court ultimately denied the extension, emphasizing that while flexibility is required under UPC rules, extensions must be based on objective difficulties preventing timely submission, not merely on strategic concerns related to preliminary objections or parallel proceedings. This decision reinforces the strict application of procedural deadlines unless exceptional circumstances are proven.
Radico Khaitan Ltd v.Superior Industries Ltd
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Radico Khaitan Ltd against Superior Industries Ltd. The court found that the Defendant's use of 'GREAT GRAND MASTI' for alcoholic beverages was highly likely to cause confusion and constitute trademark infringement or passing off against the Plaintiff's established mark, 'MASTIH'. This interim order immediately restricts the defendant from manufacturing or selling products bearing the impugned marks until the final hearing.
Maxeon Solar Pte. Ltd. v.Aiko Energy Netherlands B.V., Aiko Energy Germany GmbH, Solarlab Aiko Europe GmbH, Memodo GmbH, Libra Energy B.V., VDH Solar Groothandel B.V., PowerDeal SRL, Coenergia Srl a Socio Unico
This UPC Procedural Order addressed the critical issue of protecting confidential information within a complex infringement and revocation action involving major solar energy players. The Court carefully balanced the need for trade secret protection against the public nature of some submitted data. While granting confidentiality to protect sensitive financial metrics, the court denied requests to shield technical details already disclosed in parallel national proceedings, setting important boundaries for disclosure in UPC litigation.
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.
Hewlett-Packard Development Company, L.P v.Lama France
This procedural order addressed a request by Hewlett-Packard Development Company (HPDC) to call a witness in its infringement action against Lama France. While the court granted the request for the witness to testify orally in English, it rejected Lama's plea for simultaneous interpretation between French and English. The ruling emphasizes the practical application of UPC rules regarding language proficiency and procedural economy.
Tandem Diabetes Care, Inc. v.Roche Diabetes Care GmbH
In this revocation action, Tandem Diabetes Care challenged the validity of a patent covering an ambulatory drug infusion system held by Roche. The claimants argued that the patent lacked novelty and inventive step based on various prior art documents. However, the UPC Central Division dismissed the revocation action, ruling that the combination of cited prior art was insufficient to invalidate the patent. This decision reinforces the high bar required for challenging established patents in the UPC.
Maya Appliances Private Limited v.Vibrant Concepts And Designs
Maya Appliances Private Limited filed suits alleging that Vibrant Concepts And Designs infringed upon its intellectual property rights, specifically concerning its patented technology and registered designs for frameless gas cooktops. The plaintiff claimed their products were world's first and featured unique design elements and a patentable internal piping system providing visual leak feedback. While the court acknowledged the claims of infringement, it dismissed the interim injunction applications, directing both parties to proceed to trial.
Blick System India Private Limited v.Franz Safford And Others
The petitioner filed an application seeking the revocation of a suit patent granted to the respondents. The dispute involved whether a previous undertaking given by the respondents, restricting them from hindering the petitioner's business through distributors, should continue. The court ultimately held that the undertaking was no longer sustained.
House Of Diagnostics Llp & Ors. v.House Of Pathology Labs Private Limited
The Delhi High Court granted an ad interim injunction favoring the plaintiffs, House Of Diagnostics LLP, against House Of Pathology Labs Private Limited. The court found a prima facie case of idea infringement, noting that both parties operate in the highly similar field of diagnostic services and their marks are glaringly similar. The defendant was restrained from using 'House of Pathology' in connection with its diagnostic activities, pending further consideration of the main suit.
Panasonic Holdings Corporation v.OROPE Germany GmbH
In this UPC decision, the court addressed a motion filed by the defendants (OROPE and OPPO) seeking to suspend the proceedings related to EP 2 568 724 and postpone the announcement date. The court rejected these requests, emphasizing that procedural fairness requires both parties to actively participate in the process. The ruling underscores that unilateral attempts to delay or halt a case without mutual agreement or compelling justification will be unsuccessful.
Huck International, Inc v.Assistant Controller Of Patents And Designs
Huck International appealed the rejection of its divisional patent application based on an objection under Section 16 of the Patents Act. The Appellant argued that they were denied a fair opportunity because the final decision was based on an objection not enumerated in the initial hearing notice. The Court agreed, setting aside the impugned order and directing the Respondent to issue a fresh notice.
Guala Closures Spa v.Agi Greenpac Limited
Guala Closures Spa filed a suit seeking enforcement of its patent rights against Agi Greenpac Limited, alleging infringement by the latter's 'Voila Closure.' The Plaintiff holds Patent No. 349522 for a tamper-evident closure with a two-level tear-off seal mechanism. The court examined the prima facie case regarding infringement and the necessity of an interim injunction. Ultimately, the Court found that the triple test for granting an injunction was not met, favoring the Defendants' business interests at this preliminary stage.
Abbott Diabetes Care Inc. v.Sibio Technology Limited
Abbott Diabetes Care Inc. successfully obtained a preliminary injunction against Sibio Technology Limited and Umedwings Netherlands B.V. regarding its CGM patent (EP2713879). The UPC Local Division granted the provisional measures, finding sufficient interest in the case despite initial objections from the defendants. This ruling is highly significant for medical device IP holders, demonstrating the court's willingness to grant immediate relief based on a cease-and-desist declaration when the application has legitimate purpose.
Hugo Boss Trademark Management Gmbh And ... v.Suresh Kumar Suman
The plaintiff, Hugo Boss Trademark Management Gmbh & Co. KG, filed a suit alleging that the defendant was manufacturing and selling counterfeit apparel using the identical trademark 'HUGO BOSS' in South Delhi. The court found the plaintiff entitled to relief after the defendant failed to file a written statement despite being served.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH; Tesla Manufacturing Brandenburg SE
In a case concerning patent infringement, the UPC Local Division issued a final order regarding confidentiality of business information. The court determined that projected sales results submitted by Tesla were indeed trade secrets, necessitating strict access limitations. This ruling is significant for practitioners as it reinforces the robust protection available for commercially sensitive data within ongoing UPC litigation.
Mayo Foundation For Medical Education and Research v.Assistant Controller Of Patents And Designs
The appeal concerns the patentability of a method for detecting autoantibodies in biological samples. The respondent argued that the method was ineligible under Section 3(i) because it described a diagnostic process. The petitioner countered, but the respondent raised a legal challenge based on a Madras High Court judgment, arguing that the previous finding (that in vitro methods were acceptable) was incorrect.
Archian Foods Private Limited v.Shri Balaji Beverages & Ors.
Archian Foods Private Limited successfully secured an ex-parte interim injunction from the Delhi High Court against Shri Balaji Beverages & Ors. The court granted permission for a Local Commissioner to be appointed, enabling the seizure and confiscation of alleged counterfeit products bearing the 'LAHORI ZEERA' brand. This decisive order allows the plaintiff to take immediate action against infringement across multiple IP rights, including trademark, trade dress, copyright, and design.
Daedalus Prime LLC v.Xiaomi Technology Netherlands B.V.
In this procedural order, the UPC rejected a request by Xiaomi entities to extend their deadline for filing a statement of defense in an infringement action brought by Daedalus Prime LLC regarding a patented chip technology. The court emphasized that the existing time limits are robust enough to handle complex international technical coordination and did not accept arguments related to supplier confidentiality or lack of internal technical insight as sufficient grounds for an exception. This decision reinforces the UPC's commitment to maintaining strict procedural timelines while offering specific mechanisms, such as R. 262A RoP, for handling confidential information.
Genentech, Inc. v.Controller of Patents and Designs
Genentech appealed the rejection of its patent application for a medicinal compound, 'Inhibitors of IAP', by the Controller. The Controller rejected the claims citing lack of novelty and inventive step under various sections of the Patents Act. The High Court allowed the appeal, finding the Controller's objections farfetched.
Gilead Sciences Inc. v.Union of India
Gilead Sciences Inc. challenged a hearing notice and subsequent recommendation made by the Patent Office in a post-grant opposition application filed by Low Cost Standard Therapeutics. The petitioner argued that the process violated the Patents Act, 1970, specifically by denying them an opportunity to present evidence. The High Court quashed the impugned notice and the Board's earlier recommendations.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging trademark infringement, passing off, and copyright violation related to the edible oil market. The plaintiff claimed that the defendant was using the deceptively similar mark 'SATHYAM GOLD' on products mimicking the plaintiff's registered brand 'Gold Winner'. Both parties ultimately agreed to settle the dispute through a Joint Memorandum of Compromise, leading the court to decree the suit.
Hindustan Unilever Limited v.Ishfaq Chemical Industries & Anr.
Hindustan Unilever Limited filed a suit against Ishfaq Chemical Industries for infringement of its trademarks and copyrights, including passing off. The parties reached a settlement agreement on March 28, 2024.
DexCom, Inc. v.Abbott Scandinavia Aktiebolag, Abbott NV / SA, Abbott S.r.l., Abbott Diabetes Care Inc., Abbott Diagnostics GmbH, Abbott France, Abbott B.V., Abbott Logistics B.V., Abbott GmbH, Abbott Laboratories
In a significant ruling, the UPC Paris Local Division revoked European Patent EP3435866, which covers an analyte monitoring system used in Continuous Glucose Monitoring (CGM). The revocation was granted following a counterclaim by Abbott against DexCom. Consequently, all of DexCom's infringement claims were dismissed. This decision underscores the robust nature of the UPC's jurisdiction over validity challenges and confirms that the claimant cannot unilaterally prevent a defendant from challenging patent validity.
Sun Pharma Laboratories Limited v.Jyotiben Hareshbhai Chovatiya and Ors.
The Plaintiff sought permission to add several associated entities (Defendants No. 4 to 6) as party defendants, alleging they were involved in dealing with goods bearing an impugned trade mark 'NEUROGABA'. The Court found that these parties were necessary and proper for the adjudication of the matter.
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