IP Cases — 2024
1,861 decisions across all jurisdictions
Page 60 of 63 · 1,861 total
Meril Italy Srl v.Edwards Lifesciences Corporation
This UPC Court of Appeal decision addressed requests for the expedition of appeals concerning the validity of European patent EP 3 646 825, which relates to a prosthetic heart valve. The court ultimately rejected Meril's pleas for an expedited timeline. The ruling reinforces that procedural concerns regarding potential injunction risks must be managed through existing mechanisms within the UPC, rather than solely relying on accelerated timetables.
QUALCOMM INCORPORATED v.EPO
Qualcomm Incorporated initiated proceedings at the UPC to annul a decision made by the European Patent Office regarding patent EP3516914. However, the EPO subsequently rectified the contested decision in line with Qualcomm's request. Consequently, the Court of First Instance closed the action without further deliberation or consultation of the parties. This case highlights the procedural mechanism within the UPC for handling actions against decisions of the EPO when those decisions are corrected by the Office.
Havells India Limited v.B R Engineering Works & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Havells India Limited against B R Engineering Works & Anr. The court found a prima facie case for infringement based on the deceptive similarity between the plaintiff's well-known trademark 'STANDARD' and the defendant's mark 'STANDANGER', along with the adoption of similar trade dress elements. This crucial interim relief prevents the defendants from continuing to use the infringing marks while the main suit proceeds, reinforcing the protection afforded to established brands in the electrical goods sector.
Fmi Limited v.Fakhruddin Saifuddin Bharmal
The Delhi High Court ruled in favor of Fmi Limited, granting a permanent injunction against Fakhruddin Saifuddin Bharmal for using the deceptively similar trademark 'FREEMANS PROFESSIONAL' on protective hand gloves. Despite the defendant arguing that he was merely a reseller and not the manufacturer, the court found his admission of dealing in the infringing goods sufficient to uphold the infringement claim. The judgment underscores that even resellers can be held liable if they use marks confusingly similar to an established trademark.
Pernod Ricard India Private Limited v.Jagatjit Industries Limited & Ors.
Pernod Ricard India Private Limited filed petitions seeking the cancellation of a rival trademark registration, 'ROYAL PRIDE,' held by Jagatjit Industries Limited. The petitioner alleged that ROYAL PRIDE is deceptively similar to its prior and well-established mark, 'BLENDERS PRIDE,' and was being used illicitly to ride upon their goodwill. While some applications were disposed of after granting a 30-day extension for filing clear documents, the court proceeded with issuing notice in the main cancellation petition, setting the matter for further arguments.
Astrazeneca Ab & Anr. v.Westcoast Pharmaceutical Works Limited
Astrazeneca filed suit against Westcoast Pharmaceutical Works Limited alleging infringement of its patent (IN 297581) covering the cancer drug Osimertinib. The plaintiffs sought permanent injunctions and damages, asserting that the defendant's offer to contractually manufacture and sell the patented compound constituted infringement. Despite initial defenses by the defendant regarding regulatory approval issues, the court found that due to the defendant's failure to file a written statement within the statutory period, the suit was decreed in favor of AstraZeneca, granting them relief and substantial costs.
Syngenta Limited And Anr v.Gsp Crop Science Private Limited
The Delhi High Court issued an order in a patent-related suit, directing the appointment of a Scientific Advisor from IIT Delhi. The advisor is tasked with examining the manufacturing processes, sites, and chemical usage by the Defendant regarding DroneX and Azoxystrobin technical to assist the court in resolving complex technical issues.
Bibin John v.Lifestyle International Private Limited
The Madras High Court, in an appeal challenging a prior injunction order, allowed the appellant to vacate the interim injunction granted by the lower court. The court noted that while there was no prima facie case for trademark infringement, it found evidence suggesting the appellant's use of e-commerce portals, leading to the reversal of the temporary restraint. However, subsequent proceedings were halted as the matter was appealed to the Supreme Court.
Abbott Diabetes Care Inc. v.Sibio Technology Limited; Umedwings Netherlands B.V.
In this procedural order, the UPC Court of Appeal addressed requests concerning auxiliary claims and deadlines in a provisional measures appeal involving Abbott Diabetes Care Inc. against Sibio Technology Limited and Umedwings Netherlands B.V. The court ultimately rejected Abbott's attempts to disregard the Respondents' request for an extension of time. This decision highlights the court's careful balancing act between parties' interests, particularly when new procedural requests are introduced late in proceedings.
Corcept Therapeutics Incorporated v.The Deputy Controller Of Patents And Designs
Corcept Therapeutics Incorporated filed an appeal against the Assistant Controller's order refusing to grant a patent for Indian Patent Application No. 202117031510. The appellant contends that the refusal was erroneous as the application meets all criteria for patentability, while the respondent argued it failed tests under Sections 2(1)(j), 2(1)(ja), and 3(e)/3(i) of the Patents Act.
Embio Limited v.Malladi Drugs & Pharmaceuticals Ltd.
Embio Limited filed a petition seeking revocation of Patent No. 249376 granted to Malladi Drugs & Pharmaceuticals Ltd., alleging that the patent lacked novelty and inventive step. The court examined the arguments regarding prior art and technical advancement but found no illegality or perversity in the grant.
Gala Industries, Inc. v.Controller of Patents and Designs, Government of India
Gala Industries appealed the rejection of its patent application for a 'Centrifugal Pellet Dryer Screen With Integral Embossed Deflector Strips'. The rejection was based on lack of inventive step, relying on prior arts D1 and D3. The High Court found merit in the appellant's submissions, noting that the invention improved upon D1 by using embossing instead of nut-bolting.
Living Seed Technologies Llp. v.Karthikeya Crop Technologies
The Madras High Court addressed a Civil Revision Petition filed by Living Seed Technologies LLP against Karthikeya Crop Technologies regarding Trade Mark Application No. 4972011. The petitioner sought an expedited resolution to an ongoing opposition petition, citing prior injunctions obtained in civil courts concerning passing off. The court directed the Registrar of Trademarks to dispose of the interlocutory petition promptly and further mandated that no certificate of registration be issued until the matter is resolved.
Gala Precision Engineering Limited v.Nord Lock Ab
Gala Precision Engineering Limited filed suits seeking a declaration that its manufacturing and sale of washers does not infringe Nord Lock Ab's patent. The defendant submitted that these suits were not maintainable as they raised issues already subject to a suit filed by Nord Lock Ab (CS(COMM) 895/2023).
M/s.Shaktiman Equipments Private Limited v.Union of India
The Madras High Court dismissed the writ petition filed by M/s. Shaktiman Equipments Private Limited, upholding an earlier order from the Ministry of Corporate Affairs (MCA). The core dispute involved the use of the identical trade name 'Shaktiman' by both parties. The court affirmed that since the respondent company held extensive and long-standing trademark rights for 'Shaktiman,' its continued use by the petitioner was contrary to corporate incorporation rules, regardless of differences in product categories.
Interdigital Technology Corporation v.Guangdong Oppo Mobile
The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.
Just Lime My Child Foundation v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Just Lime My Child Foundation against the Registrar of Trade Marks' decision to refuse registration of the word mark 'GIRL POWER PROJECT.' The court found that the Respondent erred by dissecting the composite mark and incorrectly deeming it descriptive. Crucially, the court emphasized that a composite mark must be evaluated as a whole, not in isolation, thereby upholding the distinctiveness of the foundation's brand.
Vijay Abrol v.Yogesh Kumar Rustogi
The Delhi High Court allowed appeals filed by Vijay Abrol, setting aside a previous judgment that had favored Yogesh Kumar Rustogi in a passing off suit. The court found that the plaintiff failed to establish the necessary goodwill and reputation for the trademark 'BRITE' as required by the triple test for passing off. Furthermore, the appellant/defendant successfully demonstrated their own established use of the mark and secured its registration, leading the court to conclude the original suit lacked a real basis.
Raj Kumar Jain / Puja Agarwal / Pravesh Narula Trading as M/s. Capital Enterprises v.Registrar of Trademark & Anr.
The Delhi High Court issued several orders across connected trademark litigation matters. Notably, the court condoned a significant delay (82 days) in filing a Written Statement to an amended plaint, allowing the case to proceed despite procedural lapses. Furthermore, directions were given for forensic examination of specific sale invoices, indicating that evidence authenticity remains a critical point of contention in this dispute.
A.K. Al Muhaidib And Sons v.Chaman Lal Sachdeva And Anr.
The Delhi High Court allowed a petition filed under Section 47 of the Trade Marks Act, removing the mark 'AL-WALIMAH' (TM No. 523217) from the register. The petitioner successfully argued that the respondent had failed to demonstrate bona fide use of the trademark in relation to goods in Class 30 for a continuous period of five years. Given the lack of evidence of genuine commercial use, the court ruled in favor of the petitioner, directing the removal of the mark.
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.
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.
i-mop GmbH v.ARCORA International GmbH
In this UPC case, i-mop GmbH successfully obtained a default judgment against ARCORA International GmbH regarding the infringement of its floor cleaning device patent (EP 3 760 094). The court found that ARCORA's product infringed the patent claims and granted preliminary relief, including damages and an injunction. Although the case was ultimately concluded due to partial withdrawal by i-mop, the ruling serves as a significant precedent regarding default judgments in UPC infringement proceedings.
Jaisuryas Retail Ventures Pvt. Ltd. v.The Registrar of Trade Marks
Jaisuryas Retail Ventures Pvt. Ltd. filed multiple writ petitions seeking directions to the Registrar of Trade Marks to permit the filing of renewal applications for several registered trademarks. The petitioner argued that due to the failure of the Registrar to issue timely notice, they were entitled to renew the marks as a successor-in-interest. The Court held that while the lapse by the Registrar is noted, the petitioner must first register the assignment deed before applying for renewal.
Sfp Sons India Private Limited v.Mr. Jitender Singh
The Madras High Court addressed a suit filed by Sfp Sons India Private Limited concerning the alleged infringement and passing off of its registered trademark 'JASS' by Mr. Jitender Singh, trading as M/s. Sri Vidhiya Agencies. The court found that the defendant was liable for infringing the plaintiff's rights through the use of deceptively similar marks like 'JAAS'. Consequently, the court granted a permanent injunction restraining the defendant from further misuse and directed the payment of suit costs to the plaintiff.
BITZER Electronics A/S v.Carrier Corporation
In a significant procedural ruling, the UPC Central Division rejected a revocation action against EP 3 414 708. The case centered on complex arguments regarding the admissibility of patent amendments to claims that were not directly challenged in the initial revocation suit. By maintaining the patent in its amended form, the court provided clarity on how patentees can utilize procedural mechanisms like auxiliary requests during litigation, even when only a subset of claims is attacked.
Ads Spirits Pvt. Ltd. v.Shubhom Juneja
The Delhi High Court granted an interim injunction favoring Ads Spirits Pvt. Ltd. against Shubhom Juneja regarding alleged trademark infringement and passing off of whisky. The court found a prima facie case based on the near-identical nature of the trade dresses and packaging used for 'Royal Green' and 'Royal Queen' whiskies, coupled with phonetic similarity between the names. This order temporarily restricts the defendant from introducing further products in the confusing manner.
DISH Technologies L.L.C. v.AYLO PREMIUM LTD
In this UPC case concerning streaming services and CDN usage, the claimants sought court orders compelling defendants to disclose detailed technical information about their Content Delivery Networks (CDNs), including server locations and video file encoding. The Local Court of Mannheim ultimately dismissed these requests for disclosure. This decision highlights the high threshold required in UPC proceedings before a party can successfully compel complex technical evidence from an opposing party, particularly when establishing territorial scope or infringement mechanisms.
Leonhard Kurz Stiftung And Co. Kg v.Controller Of Patents
The appeal challenged the Controller of Patents' refusal of the Appellant's patent application, which held that subsequent amendments were outside the scope of the original filing. The High Court found that the amended claims referenced the complete specifications as originally filed. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by the Patents Office.
M/s.Prestige Estates Projects Ltd v.Prestige Vacations Pvt. Ltd
The Madras High Court addressed a dispute regarding the proper forum for trademark rectification proceedings between Prestige Estates Projects Ltd and Prestige Vacations Pvt. Ltd. The court noted that when an infringement suit is pending, questions concerning the validity of a trademark registration should be handled by the High Court, not solely by the Registrar of Trademarks. Consequently, the court ordered the transfer of all related rectification petitions from the Registrar's office to the High Court for adjudication.
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