IP Cases — 2024
1,861 decisions across all jurisdictions
Page 61 of 63 · 1,861 total
Malhotra Surgical Industries v.Dharam Pal Singh Bhatia & Anr.
In this trademark infringement matter, the Delhi High Court issued interim directions concerning the online sale of 'MICROTONE' products. While the defendant undertook not to sell or distribute the impugned goods, the plaintiff noted that the products remained available on various e-commerce platforms. Consequently, the court directed both parties to file detailed affidavits—the plaintiff detailing current infringing listings and the defendants naming all distributors—to allow for further appropriate judicial action.
F- Hoffmann -La Roche Ag & Anr. v.Zydus Lifesciences Limited
The plaintiffs filed an application seeking permanent injunctions and recall orders against the defendant regarding the sale of 'Sigrima', a biosimilar of Pertuzumab, infringing patents IN 268632 and IN 464646. The court dismissed the application, finding that the plaintiffs failed to establish a prima facie case or demonstrate irreparable loss.
Apple Retail Deutschland B.V. & Co. KG et al. v.Ona Patents SL
This UPC Board of Appeal decision addressed a procedural motion filed by Apple seeking to accelerate the appeal process and reduce the deadline for Ona's reply. The court ultimately denied the request, holding that while acceleration was possible, Apple failed to demonstrate sufficient grounds to override Ona's right to a fair trial. This case underscores the judiciary's careful balancing act between party efficiency demands and fundamental procedural fairness within the UPC framework.
Vifor International Ltd v.MSN Laboratories Pvt Ltd
Vifor International Ltd challenged an interim injunction order that restricted its patent claims to only the manufacturing process. The Delhi High Court addressed the critical issue of product-by-process claims, emphasizing that the scope of a patent monopoly cannot be limited solely by the process used to obtain the product. The court clarified that claim construction must define the full scope of the invention as disclosed in the complete specification, allowing for broader protection than merely the method.
The Hyderabad Public School v.Hyderabad Public School Pvt. Ltd.
In a significant decision regarding trademark rights, the Madras High Court allowed petitions filed by The Hyderabad Public School. The court directed the Registrar of Trademarks to cancel the mark registered by Hyderabad Public School Pvt. Ltd., following the latter's statement that it had ceased using the mark in India. This ruling clarifies the implications of non-use and voluntary abandonment on trademark registration.
Pushpendra Patel & Anr. v.Amazon Seller Services Pvt Ltd & Anr.
The Delhi High Court granted interim relief to the plaintiffs, who are innovators in water purification systems. The court found a prima facie case suggesting that the defendant's trademark complaint was fraudulent and based on copied designs. Consequently, the court directed Amazon Seller Services (Defendant No. 1) to immediately re-list all de-listed product postings belonging to the plaintiff, while also restraining future arbitrary de-listings.
Odi-Ray Industries Limited v.Life Style International Pvt. Ltd.
The Madras High Court addressed a petition filed by Odi-Ray Industries Limited seeking the removal or rectification of the trademark 'SPICE IT UP (Label)' registered in favor of Life Style International Pvt. Ltd. The court noted that the petitioner failed to appear before the court on the scheduled date. Consequently, the entire original petition was dismissed for default.
Dolby International AB v.HPCP – Computing and Printing Portugal, Unipessoal, Lda., HP Inc., Hewlett-Packard Luxembourg SCA, HP Finland Oy, HP Inc Bulgaria EOOD (Ейч Пи Инк България ЕООД), HP Austria GmbH, HP Deutschland GmbH, HP Inc Danmark ApS, Hewlett-Packard d.o.o., HP Italy S.r.l., HP France SAS, HP International SARL, HP PPS Sverige AB, HP Belgium SPRL, Hewlett-Packard Nederland BV
In a case concerning the infringement of an HEVC essential patent, Dolby International AB sought protection for its confidential information via an assisting party (Access Advance LLC). The Düsseldorf Local Division issued an order granting this request. This decision reinforces the procedural mechanisms within the UPC that allow parties and assisting parties to protect trade secrets during litigation, ensuring sensitive business data remains restricted to authorized personnel.
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.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act. The High Court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation regarding the amendments. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
M/S Rspl Health Private Limited v.Bhagwati Gram Udyog Mandal & Anr
The Delhi High Court allowed a petition filed by M/S Rspl Health Private Limited, confirming a prior compromise reached with Respondent No. 1 in TM-84/2021. As part of this settlement, the respondent undertook to cancel their registered trademark 'SAKSHI XPERIA' and withdraw all related applications for marks containing 'XPERT' or 'XPERIA'. Consequently, the court disposed of all pending applications, upholding the terms of the compromise.
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.
Crompton Greaves Consumer Electricals Limited v.Sheik Azeez-Ur Rahaman Trading as Kramson and The Registrar of Trade Marks
Crompton Greaves Consumer Electricals filed a petition seeking the rectification and removal of the trade mark 'KRAMSON' from the register. The court noted that the first respondent's mark had expired due to non-renewal. Consequently, the High Court closed the petition but granted liberty for it to be revived should the registration be renewed by the respondent.
Huawei Technologies Co. Ltd v.Netgear Deutschland GmbH; Netgear Inc.; Netgear International Limited
Huawei Technologies initiated an infringement action against Netgear entities regarding the Wi-Fi 6 standard, asserting ownership of EP 3 611 989, which is declared essential for the standard. The defendants raised multiple counterclaims, including invalidity and non-infringement arguments. The UPC Local Division in Munich issued a procedural order setting the case for oral hearings in October 2024 and appointing an expert to translate complex technical documents, indicating that the case will proceed to detailed examination.
Mrs Arti Gupta & Anr. v.Puran Rana & Anr.
The Delhi High Court allowed a rectification petition filed by Mrs Arti Gupta against Puran Rana, leading to the cancellation of the trademark 'KONVIO NEER' registered in Class 35. The court found that the petitioner was the prior adopter and user of the mark since 2018, while the respondent obtained registration much later in 2022. Citing provisions of the Trade Marks Act, 1999, the High Court ruled that the subsequent registration by the respondent was not made in good faith and constituted a contravention of statutory rights.
Pfizer Inc v.The Deputy Controller Of Patents And Designs and Anr
Pfizer Inc has filed an appeal against the Deputy Controller of Patents and Designs' order dated March 27, 2024, which refused to grant a patent. Pfizer contends that the refusal was arbitrary, incorrectly concluding that the subject matter lacked technical advancement or failed Section 3(d) requirements.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
The Delhi High Court heard several part-heard matters. In C.A.(COMM.IPD-PAT) 16/2023, the court noted that the Patent Office had submitted a report concerning issues related to inventive steps, subject matter eligibility, and amendment under the Patents Act, 1970.
Ms Dolphin International Pvt. Ltd. v.Vinod Kumar Khatri
The plaintiff, an export company, filed a suit against its former employee, Vinod Kumar Khatri, alleging that he breached his employment contract by disclosing confidential business secrets and client information to a competitor. The plaintiff sought damages of Rs. 7,50,000/- for the alleged irreparable loss.
Qrg Enterprises & Anr. v.Hpl (India) Limited & Ors.
The Delhi High Court decreed a trademark dispute between Qrg Enterprises and HPL (India) Limited based on a comprehensive settlement agreement. The court upheld the plaintiffs' proprietary rights in the 'HAVELLS/HAVELL'S' mark, granting permanent injunctions against the defendants. Crucially, the judgment clarified that since the defendant's name change was mandated by the decree and not voluntary, they would not be bound by the proviso to Section 12(3) of the Companies Act, 2013, ensuring the settlement's enforceability.
Macleods Pharmaceuticals Ltd. v.Alkem Laboratories Ltd. & Anr.
Macleods Pharmaceuticals filed an application seeking permission from the Delhi High Court to initiate trademark rectification proceedings against Alkem Laboratories. The core issue was challenging the validity of the Defendant's registered mark, ALSITA, in Class 5. The court accepted notice and scheduled the matter for further hearing, allowing the parties time to file their respective responses.
Ht Process Controls Private Limited v.Ankur Gupta & Ors.
The petitioner, Ht Process Controls Private Limited, filed a commercial suit seeking protection of its intellectual property rights over confidential information and technical know-how related to an automatic robotic system for gas cylinder handling. The Court passed several orders allowing various applications, including granting exemptions and directing the appointment of Local Commissioners to conduct searches and seizures at the defendants' premises.
Levi Strauss And Company v.Sanchit Garg
Levi Strauss & Company filed a suit against Sanchit Garg alleging that the defendant was clandestinely stocking, storing, and selling jeans and apparel bearing deceptively similar trademarks ('Levi's', 'Two Horse Logo') and infringing designs. The court found the defendant guilty of trademark infringement, passing off, and copyright violation.
M/S.Wensar Weighing Scales Limited v.The Tintometer Limited
The Madras High Court dismissed the Transfer Original Petition filed by M/S. Wensar Weighing Scales Limited against The Tintometer Limited. The petition sought the removal and expungement of two trademark registrations ('Tintometer') based on grounds including wrongful registration and non-use. However, due to the petitioner's counsel failing to provide instructions, the court dismissed the entire petition for default.
Mr. M. Anees Ahmed (M/s Ambur Star Briyani) v.Star Ambur Briyani
The Madras High Court ruled in favor of Mr. M. Anees Ahmed, granting a permanent injunction against the respondent for trademark infringement and passing off. The court found that the defendant's use of 'STAR AMBUR BRIYANI' was deceptively similar to the plaintiff's registered mark, 'AMBUR STAR BRIYANI,' which is associated with his restaurant business. While the claim for destruction of infringing stock was rejected due to lack of evidence, the suit was partly decreed.
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Sanofi-Aventis Groupe S.A., Regeneron Pharmaceuticals Inc.
Amgen Inc.'s infringement suit against Sanofi and Regeneron regarding EP3666797 (covering Praluent/Alirocumab) was stayed by the UPC Local Division Munich. This stay followed a prior Central Division decision that had revoked the patent in its entirety, which is now subject to appeal. The parties agreed to halt the infringement proceedings until the validity challenge reaches a final resolution.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an antibody targeting PDGFR alpha, which was rejected under Section 3(c) as being a naturally existing substance. The appellant argued that the antibody was generated through complex hybridoma and transgenic mouse technology, making it recombinant and non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Bristol-Myers Squibb Holdings Ireland v.Km Swarnalatha & Ors.
Bristol-Myers Squibb Holdings Ireland filed a suit seeking permanent injunction against infringement of Indian Patent No. IN 203937, which covers dasatinib. The court examined the connection between various defendants involved in manufacturing and marketing the drug. Ultimately, the court found that Defendant No. 7 had launched the impugned product under the brand name DASA SPL without appearing before the court. Consequently, the suit was decreed against the parties based on these findings.
NEC Corporation v.TCL Communication Technology Holdings Ltd., TCL Industrial Holdings Co., Ltd., TCL Operations Polska Sp. z.o.o, TCT Mobile Europe SAS, TCT Mobile Germany GmbH, TCL Deutschland GmbH & Co. KG, TCL Overseas Marketing Ltd.
This UPC decision concerns an application by a patent pool administrator (Access Advance LLC) to intervene in a patent infringement and revocation case involving NEC Corporation and TCL entities. The core issue was whether the Applicant had a sufficient legal interest to participate, given that the dispute involved FRAND licensing obligations under the HEVC standard. The Court ultimately permitted the intervention but imposed strict confidentiality measures on the access to sensitive negotiation details.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
This UPC Court of Appeal decision addressed a request by Microsoft Corporation to review an order dismissing its application that Suinno Mobile & AI Technologies Licensing Oy's infringement action was manifestly inadmissible. Microsoft argued the lack of independence of Suinno’s representative made the case clearly bound to fail under R. 361 RoP. The Court ultimately dismissed Microsoft's request, emphasizing that 'manifest inadmissibility' requires a clear-cut situation and should not be used for general disputes over legal interpretation.
Calm Water Therapeutics Llc v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of its divisional patent application (No. 201918017795), which was rejected on grounds including conflict with the parent application and non-compliance with various sections of the Patents Act, 1970. The Delhi High Court found that the Assistant Controller evaluated the application based on claims that had been waived by the appellant, leading to inconsistencies in the refusal order.
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