IP Cases — 2024
1,677 decisions across all jurisdictions
Page 55 of 56 · 1,677 total
Eris Lifesciences Limited v.Controller Of Patents & Anr.
This order addresses two concurrent proceedings concerning Patent IN 243301, which had expired on August 18, 2023. The erstwhile patentee argued the petitions were infructuous due to expiry. Petitioners contended that validity must still be decided as they faced ongoing infringement actions where invalidity was raised as a defense.
Pratibha Proprietor Of Lamed India v.Union Of India & Anr.
The Delhi High Court allowed a rectification petition filed by Pratibha Proprietor Of Lamed India against a registered trademark 'LAMED'. The court cancelled the registration (No. 1576720) after noting that one of the respondents, who held the mark, no longer intended to use it. This decision effectively cleared the path for the petitioner to utilize the brand name.
Huawei Technologies Co. Ltd v.Netgear Inc.
Huawei sought a provisional measure (Anti-Suit/Anti-Enforcement Injunction) against Netgear, arguing that Netgear's US antitrust lawsuit threatened its European patent rights related to the Wi-Fi 6 standard. Huawei contended that such an injunction would constitute an unlawful interference with its property rights in Germany. Although the court recognized the potential illegality of such a measure under German law, it ultimately dismissed the application for provisional measures.
Modi Paints And Varnish Works v.Sanjay Gupta And Anr.
The Delhi High Court granted a petition for the rectification and removal of the 'MODI CRYL' trademark. The court found that the trademark, registered in the name of Sanjay Gupta, had lapsed as its renewal was due but never completed after May 21, 2018. Since the mark was no longer subsisting, the petitioner's request for its removal was satisfied.
Panasonic Holdings Corporation v.Xiaomi Inc.
In a procedural ruling, the Mannheim Local Division of the UPC decided to split the ongoing infringement case involving Panasonic Holdings Corporation and Xiaomi Inc. The separation was necessitated by the complex international service of process requirements for defendants located in China and Hong Kong. This decision allows the court to maintain momentum on cases where parties are already represented while addressing the logistical challenges posed by foreign jurisdiction.
Himalaya Global Holdings Ltd & Anr. v.Ms Ab Allcare Herbal & Ors.
The Delhi High Court granted crucial interim relief in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Ms Ab Allcare Herbal & Ors. The court allowed the plaintiffs to proceed with seizing alleged infringing products using Local Commissioners. Furthermore, it permitted the commissioners to inspect defendants' books of accounts and stock registers related to the disputed goods. This order significantly advances the plaintiff's case for permanent injunction regarding the 'Liv.52' trademark and Himalaya's distinctive trade dress.
Schneider Electric Buildings Americas Inc v.Assistant Controller of Patents and Designs
The appeal challenges the Assistant Controller's order dated January 23, 2024, which rejected Appellant's patent application (No. 6956/DELNP/2014) under Section 15 of the Patents Act, 1970. The court granted an exemption request and directed parties to file written submissions.
Hell Energy Magyarorszag Kft v.Vishnu Enterprises & Ors.
In a significant ruling concerning intellectual property rights, the Delhi High Court addressed several interlocutory applications in favor of Hell Energy Magyarorszag Kft. The court granted exemptions regarding document filing and pre-litigation mediation, while crucially allowing the plaintiff to proceed with urgent interim relief. Specifically, the court authorized search and seizure operations through Local Commissioners to protect the registered trademarks and copyrights associated with the 'HELL' brand, paving the way for robust enforcement against alleged infringers.
Toyota Motor Europe NV/SA v.Neo Wireless GmbH Co. KG
This UPC Court of Appeal decision clarifies a critical procedural requirement for opting out of the Unified Patent Court's jurisdiction. The court ruled that an opt-out application must be lodged by or on behalf of every proprietor holding any national part of the European patent. This ruling reinforces the strict interpretation of Art. 83(3) UPCA, ensuring that no single owner can unilaterally remove a patent from UPC competence if co-ownership exists across different member states.
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.
Bot Organic Private Limited v.Piruz Khambhatta & Anr.
The Gujarat High Court dismissed a challenge filed by Piruz Khambhatta against an earlier Commercial Court order that allowed the plaintiff, Bot Organic Private Limited, to amend its plaint. The core dispute involved alleged trademark infringement and passing-off concerning the mark 'RUS' used on fruit juice packaging versus the plaintiff's well-known mark 'RASNA'. The court upheld the amendment, finding that adding variants of the existing trade mark did not fundamentally change the nature or scope of the original suit.
Waterotor Energy Technologies Inc v.Union Of India & Anr.
Waterotor Energy Technologies Inc filed a petition seeking to set aside a deemed abandonment notice concerning its Indian Patent Application (No. 202017037539). The petitioner argued that they never received the communication regarding the First Examination Report (FER) due to coordination issues between patent agents in Canada and India. The Court found that since the deadline was missed due to non-receipt of the FER, it set aside the abandonment order and revived the application.
Mohsin Dehlvi Proprietor Of Dehlvi Naturals v.Sana Herbals Private Limited
The Delhi High Court dismissed an appeal filed by Mohsin Dehlvi Proprietor Of Dehlvi Naturals against a lower court's decision concerning the consolidation of connected trademark rectification proceedings. The appellant argued that a prior transfer of a rectification petition involving the mark 'DEHLVI' should necessitate consolidating all related matters. However, the Court found no infirmity in the impugned order, thereby maintaining the status quo regarding the procedural handling of the cases.
Hand Held Products, Inc. v.Scandit AG
This UPC decision is a procedural ruling concerning the correct service date of infringement claims filed against a Swiss defendant. The court clarified that because Switzerland falls outside the EU, standard fictional rules for deemed service do not apply, meaning the actual delivery date must be recognized. This highlights the importance of correctly applying jurisdictional and procedural rules when serving documents across international borders in UPC proceedings.
Neeraj Jain v.Controller General Of Patents, Designs and Trademark & Anr.
The Delhi High Court addressed several applications in the writ petition filed by Neeraj Jain against the Controller General of Patents. Crucially, the court condoned a 36-day delay in filing the petition itself. The core matter involves challenging an order that declared the petitioner's design application abandoned due to a belatedly filed Power of Attorney. Notice has been issued, setting the stage for further arguments on the merits of the abandonment claim.
Apex Formulations Pvt. Ltd. v.Apex Laboratories P.Ltd.
The Madras High Court dismissed a Transfer Original Petition filed by Apex Formulations Pvt. Ltd against Apex Laboratories P.Ltd. The petition, which sought the removal or rectification of a trademark registration (No. 343270) in Class 5, was withdrawn by the petitioner. This dismissal confirms that the parties had reached a compromise in an earlier case (C.S.No.614 of 1998), and the terms of that settlement remain binding.
Tag Heuer S.A. v.Tinya International
Tag Heuer S.A., a luxury watchmaker, filed a suit against Tinya International and others alleging infringement of its trademarks (TAG HEUER) and copyrights related to its stylized labels. The court found in favor of Tag Heuer, granting permanent injunctions and awarding specific monetary reliefs.
Raaj Unocal Lubricants Limited v.Registrar Of Trade Marks
The Delhi High Court addressed petitions concerning the registration of impugned trademarks. While an initial request for document exemption was granted, a subsequent interim application seeking directions was dismissed because the marks had already been registered. The court noted that despite the registrations, the core legal question regarding third-party rights under Section 19 of the Trade Marks Act requires further consideration and set a date for re-notification.
Panasonic Holdings Corporation v.Xiaomi Technology Germany GmbH, Xiaomi H.K. Limited, Xiaomi Communications Co., Ltd., Xiaomi Technology France S.A.S, Xiaomi Inc., Odiporo GmbH, Beijing Xiaomi Mobile Software Co. Ltd., Xiaomi Technology Netherlands B.V., Shamrock Mobile GmbH, Xiaomi Technology Italy S.R.L
In a case involving Panasonic Holdings Corporation against various Xiaomi entities, the Local Court of Mannheim issued an order regarding procedural matters. The court decided to consolidate the infringement claim and the counterclaim for revocation (including FRAND licensing) into a single proceeding. This strategic decision aims to enhance judicial efficiency by ensuring a unified legal interpretation across both claims.
Candico (I) Limited v.T.R. Kohli, Trading As T.R. Kohli And Sons
The Delhi High Court set aside a previous order that had refused the registration of the mark 'JUMBO GUMBO' due to an opposition. The court found that the objection raised by the opponent did not survive because their prior trademark application for 'JUMBO' had been treated as abandoned years earlier. Given the changed circumstances and the opponent's failure to contest the appeal, the High Court directed the Trade Marks Registry to proceed with the registration of 'JUMBO GUMBO'.
Seoul Semiconductor Co., Ltd. v.Amazon Services Europe S.à r.l.
Seoul Semiconductor Co., Ltd. initiated an infringement lawsuit against Amazon Services Europe S.à r.l. concerning the patent EP 2 402 415 B1. However, before a full hearing could take place, the parties reached an out-of-court settlement and subsequently agreed to withdraw the claim. The Düsseldorf Local Division formally accepted this withdrawal, terminating the case.
Intelligent Energy Limited v.The Controller General of Patents, Designs & Trade Marks
Intelligent Energy Limited appealed the rejection of its patent application (No. 3716/CHENP/2007) by the Controller General, which held that the invention lacked inventive step due to close resemblance to prior art D1. The appellant argued that their technique for capturing byproduct hydrogen represented a significant improvement over existing technology. The High Court allowed the appeal and remanded the matter for fresh consideration.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company appealed an order from The Controller of Patents and Designs which refused to grant a patent for its innovation, citing lack of inventive step. The appellant argued that the refusal was based on non-speaking orders and failed to properly consider their contentions regarding prior art documents. The High Court quashed the impugned order and remanded the matter back for fresh consideration.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
In a procedural application concerning security for costs, the UPC Central Division dismissed Microsoft Corporation's request to increase the required financial guarantee against Suinno Mobile & AI Technologies Licensing Oy. Although Microsoft argued that increased litigation complexity and the respondent's admitted financial strain warranted higher security, the Court found no new circumstances justifying an amendment. This decision reinforces the principle that initial assessments of recoverable costs, based on the claimant's objective interest at filing, remain relevant even as proceedings progress.
Nripendra Kashyap v.Assistant Controller of Patents & Designs
The appellant challenged the Assistant Controller's order rejecting his patent application for a reference signal design in cellular communication systems, citing objections under Sections 10(4) and 59 of the Patents Act. The court found that the amendments were merely cosmetic substitutions and criticized the Controller's cryptic rejection, ultimately allowing the appeal.
Bonn Nutrients Pvt. Ltd & Anr. v.Pahal Foods Pvt. Limited & Ors.
In a dispute over the packaging and trade dress of coconut cookies, Bonn Nutrients sought an injunction against Pahal Foods for alleged infringement. The Delhi High Court issued an order facilitating an amicable settlement between the parties. Defendants agreed not to manufacture any more products under the disputed label/packaging but were granted time to exhaust their existing stock of 15,000 cases. Both parties were also directed toward mediation and listed for further consideration.
Hero Motocorp Limited v.Mr. Vishal Chhatwani
Hero Motocorp Limited filed a suit against Mr. Vishal Chhatwani alleging infringement across multiple IP domains, including trademark, design, and copyright, related to industrial oils and lubricants. The parties successfully entered into mediation, leading to a comprehensive settlement agreement dated July 9, 2024. The court subsequently decreed the suit in favor of Hero Motocorp Limited based on the terms of this settlement, which included an acknowledgment of IP ownership and payment of ₹ 4,00,000/- by the defendants.
Ori-Plast Limited v.Molecor Tecnologia S.L.
Ori-Plast Limited sought an injunction against Molecor Tecnologia S.L., which had terminated a license agreement related to the use of the Molecor PVC-O System. The petitioner feared that the withdrawal of remote assistance would cause irreparable loss, while the respondent argued for immediate termination based on alleged breaches of confidentiality and reverse engineering.
Genomatica Inc. v.Controller of Patents and Designs, Government of India
Genomatica Inc. appealed the rejection of its patent application for 'Non-Natural Microbial Organisms with improved Energetic Efficiency'. The appeal challenged the Patent Controller's decision, arguing that the Controller failed to properly address objections related to amendments and fell back on earlier claims without due process.
M/s.The Zero Brand Zone Pvt. Ltd. v.The Controller of Patents & Designs
The appellant challenged the rejection of their patent application for an eco-friendly lamp made from panchagavya and leaves. The appellant argued that the product was novel and not merely traditional knowledge, while the respondents contended that the invention fell under Section 3(p) as it related to traditional ingredients and was obvious based on prior art D1 to D3.
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