IP Cases — 2024
1,677 decisions across all jurisdictions
Page 6 of 56 · 1,677 total
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
This UPC decision addresses procedural scheduling in an infringement case involving Edwards Lifesciences and Meril. The court faced significant logistical challenges due to the unavailability of key defense counsel, who were tied up with other major litigation matters. After balancing efficiency goals against the right to fair representation, the Court set the interim conference for 2024 and scheduled the main oral hearing for 2025.
Bic Cello India Private Limited v.Ramanlal Rughnathmalji Jain
Bic Cello India Private Limited initiated proceedings in the Delhi High Court seeking the invalidation of a trademark registration held by Ramanlal Rughnathmalji Jain, specifically concerning the mark 'TRIMORE'. The court accepted the plaintiff's application and issued notice to the defendant. This marks the initial procedural step in challenging the validity of the registered trademark.
Amit R Gowda v.C.Kiran Trading As A And A Fitness Training Center; The Registrar of Trademarks
The Madras High Court dismissed the petition filed by Amit R Gowda seeking the cancellation and rectification of Trademark No. 3065086 in Class 41. The court noted that the Registry's notice to the petitioner was returned as undeliverable, making it difficult for the court to proceed with the matter. Although the petition is closed, the petitioner retains the right to revive it upon receiving proper notification.
Karan Rathore v.Registrar Of Trade Marks & Anr.
Karan Rathore appealed the Registrar of Trade Marks' decision that dismissed his opposition against a trademark application. The Delhi High Court accepted the appeal under Section 91 of the Trade Marks Act, allowing the matter to proceed. Notice has been issued to the respondents, who have been granted six weeks to file their reply and subsequent rejoinder.
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) RoP. The court found that the request lacked sufficient specificity and substantiation, upholding procedural norms and protecting the interests of the respondent, NST.
Mankind Pharma Limited v.Manking Pharmaceutical Private Limited & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Mankind Pharma Limited against Manking Pharmaceutical Private Limited. The court found a prima facie case based on the phonetic similarity between the 'MANKIND' mark and the defendant's adopted variations, as well as the use of a deceptively similar logo device. Furthermore, the plaintiff highlighted suspicious corporate links, suggesting the defendant was incorporated by an ex-employee to dishonestly adopt the protected brand identity.
Dabur India Limited v.Emami Limited And Anr
The Delhi High Court addressed a petition filed by Dabur India Limited seeking the rectification and removal of a trademark registered in favor of Emami Limited. Despite arguments regarding prior injunctions related to passing off suits, the court ruled that since the rectification application had already been filed, there was no impediment to issuing notice. The court emphasized that rectification proceedings must be decided first before proceeding with the trial of the underlying suit.
Lv Bhavani Sankar v.Gemini Edibles And Fats India Pvt Ltd.
The Madras High Court addressed a Transfer Review Petition filed by Lv Bhavani Sankar against a previous rectification order concerning Trademark 3830617. The petitioner sought to keep the trademark registered. However, the court noted that the arguments in the current petition were identical to another pending petition and closed (T)Rev.Pet(IPD)/2/2024 without issuing a specific ruling on costs.
Tanvi Fitness Private Limited v.M/S R.M. Foods & Ors.
Tanvi Fitness Private Limited filed a suit alleging that M/S R.M. Foods & Ors. adopted a deceptively similar trade dress for their products in the fitness and peanut butter industry. The Delhi High Court, while allowing the main suit to proceed, addressed several interlocutory applications regarding documentation and mediation. Crucially, the court noted the dispute over whether the Defendants' alleged infringing trade dress has been discontinued or if the current suit also covers a newer design adopted by the Respondents.
Jindal (India) Limited v.Ratan Kumar Choudhary & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark and copyright infringement suit filed by Jindal (India) Limited against Ratan Kumar Choudhary & Anr. While granting procedural exemptions, the court specifically advanced the main injunction request (I.A. 6082/2024). The court found prima facie evidence of deceptive similarity between the plaintiff's registered mark 'JINDAL' and the defendants' usage on roofing sheets, ordering notice to the defendants to record their undertaking before the Court.
Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe, and Sanofi Winthrop Industrie S.A. v.Amgen, Inc.
This UPC Order addressed a request by Dehns, an external representative firm, seeking access to all written pleadings and evidence in the Sanofi v Amgen revocation action. The Court affirmed that there is a general public interest in transparency, allowing practitioners to better understand how the court reached its decision. While granting access to substantive documents, the Court strictly limited the scope of disclosure only to 'written pleadings and evidence,' rejecting requests for administrative or formal documentation.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a critical procedural issue: establishing 'good service' when serving documents internationally, specifically in China. The applicant sought confirmation that the extensive attempts to serve the preliminary measures application constituted valid notification despite the lack of formal delivery certificates. The Court granted this request, effectively deeming the steps taken as good service under Rule 275.2 RoP. This ruling provides significant procedural relief for applicants facing protracted international service challenges.
Tvs Motor Company Limited v.The Assistant Controller of Patents and Designs, Patent Office
TVS Motor Company appealed an order rejecting its patent application concerning a system for selectively operating regenerative braking in a vehicle. The rejection was based on lack of inventive step and insufficient disclosure regarding essential vehicle parameters. The High Court set aside the impugned order and remanded the matter for reconsideration.
Dolby International AB v.Optoma Corporation, Optoma Deutschland GmbH, Optoma Europe Ltd.
Dolby International AB initiated an infringement lawsuit against Optoma Corporation and its subsidiaries regarding EP 3 605 534. However, before a substantive ruling could be made, the parties reached an out-of-court settlement. The UPC Local Division in Düsseldorf formally approved the withdrawal of the claim. This case highlights how settlements can resolve complex patent disputes within the UPC framework, allowing for procedural closure while addressing financial aspects like court fee reimbursement.
A. Menarini Diagnostics s.r.l. v.Insulet Corporation
In a procedural order concerning provisional measures, the UPC addressed a request for confidentiality protection. The Court granted access restrictions on specific technical and business information submitted by A. Menarini Diagnostics s.r.l., classifying it as confidential. While rejecting the defendant's motion that all highlighted portions were secret, the ruling established strict rules governing who could view this sensitive data. This decision reinforces the UPC's commitment to balancing urgent proceedings with robust protection of proprietary information.
France Telecom v.Union of India
France Telecom filed a Writ Petition challenging orders from the Patent Office which returned its patent application because the request for examination was made beyond the statutory 48-month limit. The petitioner argued that the delay was due to an error by their Indian agent, constituting exceptional circumstances. The Court accepted this argument and set aside the impugned orders.
Hindustan Aeronautics Limited v.Commissioner of Central Excise Bangalore - I
The appeal challenged the imposition of service tax under the 'Intellectual Property Right' category on payments made by HAL to BAE System for technical knowhow and assistance related to aircraft manufacturing. The Tribunal ruled that since the contract involved a temporary transfer of technology, it did not fall under the definition of IPR services chargeable to service tax.
Astrazeneca Ab v.T Rao
The Delhi High Court framed multiple issues regarding the validity of three Indian Patents (IN 209907, IN 247984, IN 272674) held by Astrazeneca Ab. The court also addressed infringement claims related to the product TICAGRELOR and granted procedural directions for evidence recording.
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.
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.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The suit was filed seeking permanent injunction against infringement of a registered patent for a self-locking glazing system. The present application sought permission to take on record additional invoices and bank statements, which were needed to respond to objections raised by the defendant regarding discrepancies in earlier filings. The court allowed the plaintiff's application under Order XI Rule 1(c)(ii) CPC.
Merck Sharp & Dohme Corp. v.Ranvir Kumar Bindeshwari Singh
The plaintiffs filed a suit for patent infringement regarding Sitagliptin (Patent No. 209816). An ex-parte ad interim injunction was previously granted restraining the defendants from dealing in infringing products. The court noted that the patent has since lapsed, making the injunction infructuous, but allowed the plaintiffs to seek relief of costs and damages.
AIM Sport Development AG v.Supponor Italia SRL, Supponor SASU, Supponor España SL, Supponor Oy, Supponor Limited
This UPC Court of Appeal decision addresses a critical procedural issue regarding the time limit for lodging an appeal against an order from the Court of First Instance (CFI). The appellant, AIM Sport Development AG, argued that the CFI's own 'Information about appeal' stated a two-month deadline, even though the strict rule (R.224.1(b) RoP) mandated only 15 days for certain orders. Applying the principle of legitimate expectations, the Court of Appeal sided with AIM, finding the appeal admissible. This ruling highlights the importance of procedural fairness and how courts must interpret rules when CFI guidance creates a reasonable expectation.
10x Genomics, Inc. v.Curio Bioscience Inc.
This procedural order in the Düsseldorf Local Division of the Unified Patent Court (UPC) addresses a request by both parties to change the language of the ongoing infringement case. The claimant, 10x Genomics, Inc., initiated proceedings against Curio Bioscience Inc. regarding EP 2 697 391 B1. Both parties mutually agreed to switch the procedural language from German to English, which the court subsequently approved.
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
This procedural order from the UPC Court of Appeal addressed Alexion Pharmaceuticals' appeal against a prior decision concerning provisional measures. The core issue was Alexion's request for an expedited hearing, arguing that the matter was purely legal and required swift resolution. The Court ultimately rejected this request, emphasizing the need to balance due process with the respondent's interests, thereby maintaining standard procedural timelines.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
This UPC Court of Appeal decision addressed a procedural appeal concerning the rectification of a defendant's name in five revocation actions. The core issue was whether the initial clerical error, where 'Juul Labs, Inc.' was named instead of 'Juul Labs International, Inc.', invalidated the proceedings. The court rejected the appeal, upholding the lower court's decision to rectify the name, thereby allowing the underlying revocation actions to proceed.
M/S Avon Cycles Limited v.M/S Avon Automotive & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Avon Cycles Limited against M/S Avon Automotive & Ors. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning the 'AVON' mark across various vehicle and cycle components. This immediate relief restrains the defendants from manufacturing, selling, or dealing with goods under identical or deceptively similar marks until further proceedings are concluded.
Jack In The Box Inv. 9330 Balboa Ave. San Diego, CA v.Marching Ants Hospitality Pvt Ltd.
The Delhi High Court granted a petition for rectification, ordering the removal of the trademark 'Jack in the Box' registered by Marching Ants Hospitality Pvt Ltd. The petitioner, Jack In The Box, successfully argued that its mark is an earlier and well-established brand with significant international reputation. Furthermore, the court noted evidence suggesting non-use of the impugned mark by the respondent, leading to the removal order.
Headout Inc. v.Ashok Kumar / John Doe And Ors.
Headout Inc. successfully secured an interim injunction against the defendants in the Delhi High Court, addressing claims of trademark infringement and passing off. The court granted a permanent injunction restraining the use of confusingly similar marks related to travel services. Furthermore, specific mandatory directions were issued compelling the defendants to immediately take down, block, and suspend all infringing websites, domain names, and social media profiles.
Global Life Sciences Solutions USA LLC v.Controller General of Patents, Designs & Trademarks
Global Life Sciences Solutions USA LLC appealed the rejection of its patent application concerning a Gamma Sterilizable RFID system. The invention utilizes a ferro-electric random access memory (FRAM) chip with redundant information storage to ensure data integrity when exposed to high-intensity gamma radiation used in sterilization processes. The Madras High Court examined whether this combination was obvious based on existing prior art, particularly regarding redundancy techniques. Ultimately, the court found that the nature and purpose of the claimed redundancy were fundamentally different from those disclosed in the cited prior art, thereby satisfying the inventive step requirement.
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