IP Cases — 2024
1,677 decisions across all jurisdictions
Page 54 of 56 · 1,677 total
Jaypee Brothers Medical Publisher Pvt Ltd v.Rama Krishna Books
The Delhi High Court granted an ex parte ad interim injunction in favor of Jaypee Brothers Medical Publisher Pvt Ltd against Rama Krishna Books. The publisher alleged that the defendant was selling substandard, infringing copies of their medical textbooks while also misusing their registered trademarks. The court found a prima facie case for infringement and ruled that granting the injunction was necessary to prevent irreparable harm to the plaintiff's business interests in the specialized medical publishing market.
Motorola Mobility LLC v.Telefonaktiebolaget LM Ericsson and Ericsson GmbH
In this UPC case concerning a 5G SEP patent (EP3342086), Motorola Mobility LLC sought leave to amend its infringement claim to include requests for injunctive relief and product recall against Ericsson. The Court of First Instance rejected the application, ruling that the Claimant had not acted with sufficient diligence. The court noted that similar remedies could have been requested earlier, citing prior actions in the UK, thereby limiting the ability of SEP holders to unilaterally delay enforcement while claiming FRAND obligations.
M/S Eat Hearty Private Limited v.M/S Jagdamba Incorporation Private Limited & Anr.
The Delhi High Court granted interim protection to M/S Eat Hearty Private Limited, who holds registered trademarks for 'BURGRILL'. The petitioner sought restraint against the respondent, despite a terminated franchise agreement, due to continued unauthorized use of the mark at an outlet in Vadodara. Citing the termination and evidence of ongoing infringement, the Court restrained the respondents from operating the specific outlet or using the trademark until arbitration commences.
Kanishk Sinha v.The Union Of India and Others
The writ petition challenged an administrative order denying the petitioner access to EV registration linkage data. The petitioner claimed this data was necessary to track sales and claim royalties under his patent related to electric car mechanisms. The court disposed of the petition, stating it had not expressed an opinion on the merits of the petitioner's rights and directing parties to pursue remedies in the appropriate forum.
Network System Technologies LLC. v.Audi AG
This UPC Court of Appeal decision addresses a procedural request regarding the exchange of written pleadings during an appeal concerning security for costs. Audi AG successfully argued that it needed to correct certain facts submitted by NST, and the Court granted permission for additional submissions. This ruling reinforces the flexibility within the UPC's Rules of Procedure (RoP), allowing parties to refine their arguments even late in the written phase if a reasoned request is made.
Mala Technologies Ltd. v.Nokia Technology GmbH
This UPC Court of Appeal decision addresses a request for a stay of proceedings in a patent revocation action. Mala Technologies, the patent proprietor, sought to halt the main revocation case pending decisions on preliminary objections and parallel national appeals. The Court ultimately denied this request, citing that the interests of the defendant (Nokia Technology) in obtaining a swift validity decision outweighed the claimant's interest in cost avoidance. This ruling reinforces the principle that UPC proceedings should proceed unhindered by procedural appeals unless exceptional circumstances are met.
Modern Snacks Pvt Ltd v.Maa Bara Devi Namkeen Bhandar And Anr
Modern Snacks Pvt Ltd filed petitions seeking the removal and cancellation of specific copyright registrations held by Maa Bara Devi Namkeen Bhandar. The court noted that a prior civil suit between the parties had been decreed on consent terms, wherein the Respondent agreed not to use any deceptively similar labels or trademarks. Since the respondent subsequently undertook to withdraw relevant trademark applications and cancel certain copyrights, the High Court allowed the petitions.
Apple Retail France EURL, Apple GmbH, Apple Retail Germany B.V. & Co. KG, Apple Inc., Apple Distribution International Ltd. v.Ona Patents SL
This UPC Court of Appeal decision addresses a procedural motion regarding the timing of written submissions in an ongoing patent dispute involving Apple and Ona Patents SL. The court strictly interpreted the Rules of Procedure, holding that requests for further pleadings must be filed before the rapporteur concludes the written phase and schedules the oral hearing. Consequently, the appellants' late submission was rejected, allowing the case to proceed as planned.
Srinivas S Devathi v.Union of India
Srinivas S Devathi filed a writ petition alleging that the USPTO, acting as an International Search Authority (ISA), fabricated an International Search Report (ISR) for his patent application (US Patent No. 8910998 B1). He claimed this fraud led to the rejection of his patent rights globally. The petitioner sought directions from the Union of India to initiate legal action against USPTO and WIPO. However, the Karnataka High Court dismissed the petition, holding that since the claims required extensive evidence and were outside writ jurisdiction, and given the prior requirement for consent under Section 86 of the CPC, the present petition was premature and not maintainable at this stage.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim International GmbH (through its Power of Attorney Holder), filed an application seeking interim relief against Eris Lifesciences Limited for infringing Indian Patent No. 268846. The patent covers pharmaceutical products like Empagliflozin and related formulations. The court found that the plaintiffs had established a prima facie case, leading to the grant of an injunction.
Verweerder (unnamed in the provided text, but implied to be the party holding the patent) v.OrthoApnea S.L.
This UPC Court of Appeal decision focused primarily on procedural matters concerning the admissibility of new arguments during an infringement case involving a sleep splint device. The court ruled that while parties are generally expected to present their full case early, new arguments can be admitted if circumstances permit and the opposing party has a chance to respond. Ultimately, the appeal against the review judgment was dismissed, upholding the lower court's findings on procedural grounds.
Magna PT B.V. & Co. KG; Magna PT s.r.o.; Magna International France, SARL v.Valeo Electrification
This appeal concerns a dispute over the scope of a preliminary injunction issued against Magna by the CFI, specifically regarding whether the 'BMW 2 Series Gran Coupé' model was correctly exempted from supply obligations. Magna sought suspensive effect to prevent enforcement on this specific model while its appeal proceeded. The Court of Appeal Standing Judge granted an interim order suspending the relevant part of the injunction, recognizing Magna’s interest in maintaining the status quo until a full panel decision is reached.
Sharad Mehra v.Sanjay Mehra
In a dispute stemming from a prior settlement between two brothers, Sharad Mehra filed an application alleging that Sanjay Mehra was violating the terms of their agreement by misusing the trade name 'Superon' and interlinking group companies. The Delhi High Court found prima facie evidence suggesting a violation of the Settlement Terms regarding the use of promotional materials at an International Trade Fair. Consequently, the court issued interim directions compelling the Respondent to immediately remove all banners and stop using any promotional material that conjunctively uses their company names.
Jk Lakshmi Cement Limited v.Mr Satyawan Sehrawat & Anr.
The Delhi High Court decreed a suit filed by Jk Lakshmi Cement Limited against Mr Satyawan Sehrawat & Anr. following a successful out-of-court settlement. Defendant No. 1 acknowledged infringing the plaintiff's trademark rights and wrongly using 'J.K. Lakshmi Cement RMC'. The court formalized the agreement, which required the defendant to cease the wrongful use and surrender its GST registration obtained under the disputed trade name.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial civil suit seeking protection against infringement of its patent (IN282092) by M/S Happy Agro Chemicals & Ors., who market the product 'ZINKING'. The court, after considering submissions and expert reports, found that a prima facie case was made out.
Ollos Biotech Private Limited v.Omega Ecotech Products India Limited
Ollos Biotech Private Limited filed an Original Petition to revoke Patent No.411774 granted to Omega Ecotech Products India Limited. The petitioner contended that the invention lacked novelty, inventive step, and was patent ineligible under Sections 3(d) and (f) of the Patents Act, 1970. The court found that both the product claim and method claim lacked an inventive step or novelty based on prior art and non-patent literature.
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.
Astellas Institute for Regenerative Medicine v.Healios K.K, Riken, Osaka University
This UPC Order addressed a request for public access to documents in a revocation action, following the parties' settlement. The Court ruled that once proceedings conclude by agreement, the general interest in transparency outweighs concerns about procedural integrity. Access was granted to the written pleadings and evidence, but only after strict redactions were applied to protect confidential commercial information and personal data.
Ashvinkumar Babulal Patel v.Shree Sardar Patel Sevadal
The Gujarat High Court dismissed the appeal filed by Ashvinkumar Babulal Patel against the trial court's order granting an injunction to Shree Sardar Patel Sevadal. The court upheld the lower court's finding that the plaintiff had established use of the 'SPG' trademark since 2007, noting that appellate courts should not interfere with factual findings made by the trial court. While dismissing the main appeal, the High Court granted a temporary stay on the order for three weeks.
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed a rejection of its patent application, "Administration of Wireless Systems," which was initially objected to on grounds including lack of inventive step and subject matter eligibility under Section 3(k) of the Patents Act. The Delhi High Court examined whether the invention provided a sufficient technical contribution beyond mere algorithmic processes. Ultimately, the court found that the core functionality relied heavily on conditional logic and procedural steps, classifying it as an algorithmic process excluded by law.
Guangdong Oppo Mobile Telecommunications Corp Ltd & Anr. v.Voiceage Evs Llc & Anr.
The petitioners filed a petition seeking the revocation and removal of Indian Patent No. IN 322739 under Section 64(1) of the Patents Act, 1970. The petitioners, engaged in manufacturing smartphones, expressed concern over potential wrongful enforcement of this patent by the respondent. The court accepted notice and granted both respondents six weeks to file their respective replies.
Castrol Limited v.Ibrahim Adamali Sanchawala, Trading As EA & Sons and T-Max Lubricants Andr.
Castrol Limited filed a suit alleging trademark infringement and passing off against Ibrahim Adamali Sanchawala regarding the use of deceptively similar packaging for engine oils. The Delhi High Court granted several critical interim reliefs to Castrol, including an exemption from pre-litigation mediation and advance notice to the defendants. Crucially, the court allowed for the ex-parte appointment of a Local Commissioner to conduct a search and seizure operation on the defendant's premises to prevent further infringement.
M/S SNS PRODUCTS PRIVATE LIMITED v.Mohammed Naim
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S SNS Products Private Limited against Mohammed Naim. The plaintiff, a long-standing manufacturer of spices under the 'SHAN-E-DELHI' brand, sought protection against the defendant who was using substantially similar packaging and the mark 'Proud-ek-Minar'. The court found that the plaintiff had prima facie established their case for infringement, noting the similarity in trade dress and the defendant's prior purchase of the plaintiff's products. Consequently, the defendant is temporarily restrained from using the infringing materials and must disclose all existing inventory.
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, Beijing Xiaomi Mobile Software Co. Ltd., and others (collectively 'Xiaomi')
In a procedural ruling, the Local Division of Mannheim addressed the complex interplay between infringement claims and counterclaims for patent invalidity (revocation) and FRAND licensing. The court determined that hearing these matters jointly was procedurally efficient and substantively advantageous, ensuring a unified legal interpretation across all issues. This decision is significant as it reinforces the UPC's ability to manage multi-faceted litigation strategically, optimizing judicial resources while maintaining consistency in legal findings.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
In a case concerning an infringement action, Microsoft challenged the Court of First Instance's decision that allowed Suinno to reduce its claimed damages. Microsoft argued this change compromised its defense and exceeded procedural limits. However, the UPC Court of Appeal rejected Microsoft’s discretionary review request, affirming that allowing a party to unconditionally limit their claim is a standard procedure under the Rules of Procedure (R 263.3 RoP). This decision reinforces the flexibility and fairness built into the UPC's litigation framework regarding claim amendments.
Mankind Pharma Limited v.S.A Medline Private Limited
Mankind Pharma Limited and S.A Medline Private Limited reached a joint settlement in the Delhi High Court regarding a trademark dispute. As part of the compromise, the defendant agreed to withdraw its contested trademark registration (No. 5328362) within seven days. The court accepted the terms, decreeing the suit against the defendant and allowing for a refund of court fees.
Syngenta Limited v.Sumi Agro Limited, Sumi Agro Europe Limited
This UPC CFI decision addressed an application to revoke provisional measures based on alleged procedural deadlines. The Applicant argued that because court fees were not received by the Court before a specific deadline, the proceedings had not properly started. However, the Court rejected this argument, clarifying the precise wording of the Rules of Procedure (RoP). The ruling emphasizes that 'paid' is sufficient under Rule 15(2) RoP for lodging, and merely filing in the CMS satisfies the requirement to 'start' proceedings.
Aarke AB v.SodaStream Industries Ltd.
This UPC Court of Appeal decision clarifies the strict criteria for granting security for costs under R.158 RoP, particularly when enforcement involves foreign jurisdictions like Israel. The court emphasized that a claimant's status as an SME or the defendant's affiliation with a financially sound group is irrelevant; only the defendant's individual financial capacity and the practical enforceability of a cost order matter. Aarke's appeal was rejected because it failed to provide sufficient evidence demonstrating that enforcement in Israel would be unduly burdensome.
Xero Degrees v.M/S Frankart Global Private Limited & Ors.
In a dispute over the 'XERO DEGREES' brand, Xero Degrees sought an interim injunction against M/S Frankart Global Private Limited, alleging trademark infringement. The court noted that the plaintiff owns the registered trademark and operates extensively in the Food & Beverages sector. Despite the defendants claiming prior ownership of the name and logo, the court proceeded to issue notice for a hearing on the injunctive relief, setting the stage for further litigation.
Avago Technologies International Sales Pte. Limited v.Realtek Semiconductor Corporation
This UPC case involved Avago seeking provisional measures to halt Realtek's US litigation and the enforcement of German injunctions, arguing that these actions violated fundamental European justice rights. The court initially considered the request but later issued a correction to its order. Crucially, the final ruling allowed the US-based legal proceedings to continue regarding claims other than those related to the alleged license breach, keeping the matter pending.
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