IP Cases — 2024
6,517 decisions across all jurisdictions
Page 91 of 218 · 6,517 total
Fdc Limited v.Zaventis Healthcare Private Limited
The Delhi High Court granted an interim injunction in favor of Fdc Limited against Zaventis Healthcare Private Limited. The plaintiff successfully argued that the defendant's adoption of the mark 'ZIFISAFE' for identical pharmaceutical products constitutes a blatant attempt to capitalize on the established reputation and goodwill of the plaintiff's registered trademark, 'ZIFI'. Citing prima facie evidence and irreparable harm, the court restrained the defendant from using the infringing mark until the final hearing.
Irvinder Laur Chadha v.Garnish Electronics Pvt Ltd And Anr.
The Delhi High Court addressed a rectification petition filed to remove the trademark 'GARNISH'. The court found that the registration had expired on June 4, 2022. Since the statutory grace period for restoration and renewal under Section 25(4) of the Trade Marks Act, 1999, and Rule 60 of the Trade Marks Rules, 2017, had lapsed in 2023, the court directed the Registry to remove the mark. This decision underscores the strict adherence required to maintain trademark registrations.
NEC Corporation v.TCL Industrial Holdings Co., Ltd., TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd.
NEC Corporation appealed orders of the Munich Local Division that denied its requests for alternative service of Statements of claim on three Asian TCL defendants domiciled in China and Hong Kong. The Court of Appeal held that service by email to a person not authorized to accept service, and public service by written notice displayed at the court's premises, were not permissible at this stage of the proceedings. The appeal was rejected, with the Court confirming that Hague Convention service attempts should normally be made before alternative methods of service can be employed.
Amgen Inc. v.Sanofi Winthrop Industrie S.A., Sanofi-Aventis Deutschland GmbH, Regeneron Pharmaceuticals Inc., Sanofi-Aventis Groupe S.A.
Amgen Inc. filed a patent infringement action against Sanofi and Regeneron entities before the Local Division Munich concerning European Patent 3 666 797 and their drug Praluent (Alirocumab). After the Central Division revoked the patent in its entirety on 16 July 2024, both parties agreed to stay the infringement proceedings pending the outcome of the appeal against the revocation decision.
Mathys & Squire LLP (Application under Rule 262(1)(b) RoP in proceedings UPC_CFI_263/2023) v.Ex Parte
An intellectual property firm, Mathys & Squire LLP, applied under Rule 262(1)(b) of the Rules of Procedure for access to all written pleadings and evidence in revocation proceedings (UPC_CFI_263/2023) concerning European patent EP 3 414 708, involving BITZER Electronics A/S and Carrier Corporation as parties. The respondents did not object to the application. The judge-rapporteur granted the application, finding that the proceedings had concluded and that no substantial interests under Article 45 UPCA outweighed the applicant's interest in accessing the documents.
BITZER Electronics A/S v.Carrier Corporation
BITZER Electronics A/S brought a revocation action against Carrier Corporation seeking to invalidate claim 1 of European patent EP 3 414 708 B1, which relates to an apparatus for cold chain monitoring of perishable goods. The claimant alleged added subject matter, insufficient disclosure, lack of novelty, and lack of inventive step. The Court rejected the revocation action and maintained the patent as amended under auxiliary request II, while splitting costs 60% to the claimant and 40% to the defendant.
Powell Gilbert LLP (Application for Public Access to the Register) v.Ex Parte
Powell Gilbert LLP, as a member of the public, applied under Rule 262.1 RoP for access to written pleadings and evidence from concluded proceedings (UPC_CFI_131/2024) concerning EP3831283, a patent owned by Abbott Diabetes Care Inc. The main proceeding parties (Abbott, Sibio Technology Limited, and Umedwings Netherlands B.V.) opposed the application, arguing that an appeal was pending and that Powell Gilbert lacked a sufficiently specific interest. The Local Division The Hague granted the application, applying the criteria from the Court of Appeal's decision in Ocado v AutoStore, and also granted leave to appeal.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
This is a procedural scheduling order from the Local Division Munich in an infringement action concerning European Patent EP3669828. The court addressed the defendants' request to postpone the oral hearing due to the unavailability of their representative, Mr. Würtenberger, who was expecting a child and planning parental leave. Balancing the claimant's right to efficient proceedings within one year against the defendants' right to representation of their choice, the court set the oral hearing for a date in 2025 and the interim conference for a date in 2024.
NEC Corporation v.TCL Industrial Holdings Co., Ltd., TCL Communication Technology Holdings Ltd., TCL Overseas Marketing Ltd.
NEC Corporation appealed orders of the Munich Local Division that denied its requests for alternative service of Statements of claim on three TCL defendants domiciled in China and Hong Kong. The Court of Appeal rejected the appeal, holding that service by email to a person not authorised to accept service, or by public notice at the Local Division's premises, was not permissible at this stage, and that Hague Convention service methods should normally be attempted first before alternative methods could be employed.
Hanshow Technology Co. Ltd & Others v.VusionGroup SA
This case concerns a procedural question before the Court of Appeal of the Unified Patent Court regarding where a cost determination application must be filed when it follows an order of the Court of Appeal. The Court of Appeal held that cost determination applications must be filed at the Court of First Instance, even when they relate exclusively or partially to costs of appeal proceedings, and referred Hanshow's application to the Rapporteur of the Court of First Instance.
Powell Gilbert LLP (Application for Public Access to the Register) v.Ex Parte
Powell Gilbert LLP, as a member of the public, applied under Rule 262.1(b) RoP for access to written pleadings and evidence from provisional measures proceedings (UPC_CFI_130/2024) concerning patent EP2713879, involving Abbott Diabetes Care Inc. as applicant and Sibio Technology Limited and Umedwings Netherlands B.V. as defendants. Both Abbott and Sibio c.s. opposed the request, arguing that the proceedings were still ongoing due to a pending appeal and that Powell Gilbert lacked a sufficiently specific legitimate interest. The Local Division The Hague applied the criteria from Ocado v AutoStore and granted access, holding that the general public interest in understanding and scrutinizing court decisions outweighs the integrity of proceedings once first instance proceedings have ended, even where an appeal is pending.
Early Warning Services, LLC v.Intellectual Ventures II LLC
Early Warning Services filed an authorized response defending its right to submit new evidence with a reply to the patent owner’s preliminary response in IPR2024‑01221. The brief argues that the Board’s discretion was properly exercised and that the patent owner had no due‑process prejudice.
Early Warning Services, LLC v.Intellectual Ventures II LLC
The PTAB Director denied Early Warning Services’ request for a rehearing of the institution decision on Intellectual Ventures’ patent 7,314,167, leaving the institution intact.
Early Warning Services, LLC v.Intellectual Ventures II LLC
Early Warning Services petitions the PTAB Director to vacate an institution decision that relied on post‑petition evidence. The Patent Owner claims the Board violated statutory thresholds and due‑process requirements.
POSCO Future M Co., Ltd. v.CAMX Power LLC
POSCO Future M Co., Ltd. has filed a Petition challenging TIAX LLC's patent covering lithium-ion battery cathode materials. The petitioner asserts that the claims are anticipated by Lampe-Onnerud and Takagi, or rendered obvious in view of prior art combinations like Park/Lampe-Onnerud.
Early Warning Services, LLC v.Intellectual Ventures II LLC
Early Warning Services challenges Intellectual Ventures II LLC's patent on secure transaction apparatuses, asserting that the claims are anticipated or rendered obvious by prior art. The petitioner relies heavily on references like Wang et al., Drummond, and TAO to establish grounds for unpatentability under 102 and 103. This initial petition sets up a broad challenge across multiple claim sets related to mobile authentication.
POSCO Future M Co., Ltd. v.CAMX Power LLC
POSCO Future M Co., Ltd.'s IPR challenge against CAMX Power LLC's lithium-ion battery patent was denied by the PTAB. The Board found Petitioner failed to demonstrate a reasonable likelihood of prevailing on grounds of anticipation or obviousness.
Early Warning Services, LLC v.Intellectual Ventures II LLC
The PTAB institution decision found sufficient evidence for Early Warning Services, LLC to challenge numerous claims of Intellectual Ventures II LLC based on anticipation and obviousness. The Board adopted the Petitioner’s plain and ordinary meaning for key terms like 'embedded,' rejecting restrictive interpretations by the Patent Owner.
Early Warning Services, LLC v.Intellectual Ventures II LLC
The PTAB denied the petitioner's motion to exclude evidence and ultimately found that the challenged claims were not unpatentable over the cited prior art combinations. The Board adopted a narrow claim construction for 'image capture device,' defining it as an imaging-based barcode reader, rejecting the petitioner’s broader interpretation including laser scanners.
Mohd Shakir v.Gopal Traders & Anr.
Mohd Shakir appealed a single judge's decision that dismissed his petition seeking cancellation or rectification of a work registered under No. A-120894/2017, which was claimed by Gopal Traders & Anr. The core dispute revolves around the mark "MYA," where the appellant claims prior rights based on third-party trademark registrations held by Mr Youssef and Mya International. The court found the matter required examination and issued notice to all respondents.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A filed an appeal challenging the Assistant Controller's refusal to grant a patent application. The Controller refused the grant on the ground that the invention related to tobacco use, which causes serious prejudice to human life or health, making it ineligible under Section 3(b) of the Patents Act, 1970.
Schneider Electric It Corporation v.Assistant Controller Of Patents And Designs
Schneider Electric It Corporation has appealed against an order by the Assistant Controller of Patents and Designs rejecting the grant of patent for Patent Application No. 201617000209. The appellant contends that the respondent failed to consider their detailed submissions regarding the invention requirements under Section 2(1)(ja) of the Indian Patents Act, 1970.
Is Eg Halal India Private Limited v.Standard Frozen Foods Exports Pvt. Ltd
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Is Eg Halal India Private Limited against Standard Frozen Foods Exports Pvt. Ltd. The court granted the plaintiff an ex-parte ad-interim injunction, recognizing the importance of their 'IS EG Halal' mark in the market. Furthermore, it appointed a Local Commissioner with broad powers to seize infringing packaging materials and inspect relevant books of accounts, ensuring immediate protection for the trademark holder.
Ht Media Limited & Anr. v.Hindustan Live News & Ors.
The Delhi High Court granted a temporary injunction in favor of Ht Media Limited against Hindustan Live News, finding a prima facie case of trademark infringement, passing off, and unfair competition. The court restrained the defendant from using identical or deceptively similar marks like 'HINDUSTAN LIVE NEWS' and directed Meta Platforms Inc. (Facebook/Instagram) and Google LLC (YouTube) to immediately remove infringing content. This ruling underscores the judiciary's willingness to protect established brand goodwill in the digital media space.
Primestack Pte. Ltd And Anr. v.John Doe And Others
The Delhi High Court granted an ad-interim injunction in favor of Primestack Pte. Ltd against John Doe and others regarding the infringement of its registered trademark 'CoinDCX'. The court found that the plaintiffs had made out a prima facie case, irreparable loss was likely, and the balance of convenience favored granting relief. The order specifically restrained unauthorized use of the trademarks and directed various defendants to suspend operations of associated accounts, domains, and phone numbers.
Hugging Face, Inc. v.FriendliAI Inc.
Hugging Face and FriendliAI settled their dispute over U.S. Patent 11,442,775 B1, leading the PTAB to terminate the IPR before institution. The settlement documents were ordered to be kept confidential.
Hugging Face, Inc. v.FriendliAI Inc.
Hugging Face, Inc. initiated an IPR challenge against FriendliAI Inc., arguing that the challenged claims related to Transformer inference optimization are obvious.
Abbott Diabetes Care Inc. v.Sibio Technology Limited & Umedwings Netherlands B.V.
This is an order from the Court of Appeal concerning Abbott Diabetes Care Inc.'s appeal against the denial of its preliminary injunction application by the UPC Local Division The Hague regarding patent EP 3 831 283. Abbott had submitted four auxiliary requests in its appeal, which the Respondents sought to have disregarded. The Court of Appeal decided to defer ruling on the allowability of the auxiliary requests to the oral hearing and granted the Respondents an extension of deadline for their Statement of response, ultimately rejecting Abbott's requests in its R.9 RoP application.
CANÈ S.p.A. v.France Développement Électronique
CANÈ S.p.A., an Italian company and proprietor of European patent EP3181168, brought a patent infringement action against France Développement Électronique (FDE) before the Paris Local Division of the Unified Patent Court, alleging infringement through the delivery and offering of 'So-Easy' devices in France, Germany, and Italy. FDE did not contest the validity of the patent or the infringement but undertook to cease infringing activities. The parties reached a settlement agreement on June 20, 2024, which the court homologated, ordering reimbursement of €9,100 in procedural fees to CANÈ and withdrawal of certain exhibits from the proceedings.
Tandem Diabetes Care, Inc. and Others v.Roche Diabetes Care GmbH (Language of Proceedings Order)
Roche Diabetes Care GmbH filed an infringement action against Tandem Diabetes Care entities and VitalAire GmbH before the Local Division Hamburg based on European Patent EP 2196231. The defendants requested a change of the language of proceedings from German to English, the language in which the patent was granted. The President of the Court of First Instance granted the application, holding that when balancing of interests is equal between international parties, the position of the defendant is the decisive factor.
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