IP Cases — 2025
1,915 decisions across all jurisdictions
Page 21 of 64 · 1,915 total
Tarakant Sangwani v.Apollo Pipes Limited
The Delhi High Court addressed an appeal concerning the custody of allegedly infringing goods in a trademark infringement suit. The appellant, who was the defendant below, challenged the Commercial Court's order directing that the seized goods be handed over on 'superdari' to the respondent (Apollo Pipes Limited). The court found merit in the appellant's argument, noting that the relief granted by the lower court exceeded what the respondent had sought in their application. Consequently, the High Court issued a notice for a show cause hearing and temporarily stayed the transfer of goods, keeping them under the custody of the appellant pending further orders.
Ram Roop Singh Trading As M/S Durga Trading Co. v.Girjesh Singh Trading As M/S Murli Trading Co.
Ram Roop Singh Trading As M/S Durga Trading Co. filed a commercial suit against Girjesh Singh Trading As M/S Murli Trading Co., alleging infringement of trademarks and copyrights related to edible products. The Delhi High Court addressed several interlocutory applications, granting the plaintiff exemption from pre-litigation mediation due to the potential health risks associated with substandard goods. Furthermore, the court condoned a delay in re-filing the suit, allowing the main plaint seeking permanent injunction for infringement to be registered and listed before the court.
Dassault Systemes Solidworks Corporation & Anr. v.Mr. Shashikant Sharma & Anr.
The Plaintiffs, owners of the SOLIDWORKS software copyright, filed a suit seeking permanent injunction for infringement. The court passed several orders, including granting an ex parte ad-interim injunction and appointing a Local Commissioner to inspect the defendants' systems.
Ona Patents SL v.Apple Inc.
This UPC decision addressed a costs application following the withdrawal of an infringement action against Apple Inc. The Court determined that despite the case not being formally closed, the extensive exchange of pleadings warranted only a partial reimbursement of court fees. This ruling provides clarity on how the UPC assesses fee reimbursement when parties withdraw actions during the written procedure phase.
M/S. SONA BEVERAGES PVT LTD v.THE COCA-COLA COMPANY AND ANR
The Calcutta High Court allowed a petition filed by M/S. Sona Beverages Pvt Ltd seeking the removal of the mark 'SIMBA' registered in favor of The Coca-Cola Company. The court found that the trademark, which had lapsed on February 24, 2020, was never renewed despite receiving official notices from the Registry. Consequently, the court directed the expunging of the expired registration.
Usms Saffron Co. Inc. v.Rupesh Rathore Trading As Rm International
The Delhi High Court issued a comprehensive order in the trademark, copyright, and passing off infringement suit filed by Usms Saffron Co. Inc. against Rupesh Rathore Trading As Rm International. The Court granted an ad-interim injunction to protect the Plaintiff's registered trademarks and unique packaging/trade dress for 'BABY BRAND SAFFRON'. Furthermore, the court set out procedural directions regarding document submission, exempted the plaintiff from pre-institution mediation due to the urgency of interim relief, and fixed the fee for a Local Commissioner to inspect the premises.
Kylin Sanitary Technology (XIAMEN) Company Limited v.Union of India & Ors.
The petitioner challenged an order rejecting its patent application (202034009705) as abandoned. The petitioner argued that the delay was due to COVID-19 and negligence of the Indian Patent Agent, not intentional inaction. The court dismissed the petition, holding that the mandatory timelines under the Patents Act must be complied with, and the petitioner demonstrated an indolent attitude.
Huawei Technologies Co. Ltd. v.MediaTek Germany GmbH
This UPC decision addressed a motion for disclosure of license agreements in an ongoing infringement and FRAND dispute between Huawei and MediaTek. The court partially granted the respondent's request, compelling the claimant (Huawei) to submit specific relevant licensing contracts. However, the court rejected broader demands for disclosing all related contractual amendments and supplementary agreements. This ruling underscores the Court's careful balancing act between ensuring full transparency in SEP disputes and protecting confidential business information.
Motorola Mobility LLC v.Telefonaktiebolaget LM Ericsson
This procedural order in the UPC addressed a request by Ericsson (Defendants) to classify certain information related to pre-dispute license negotiations as confidential under R. 262A RoP. Ericsson sought protection for internal calculations and negotiation details, arguing they were highly confidential business secrets. The Court ultimately rejected this application entirely, emphasizing that parties cannot restrict their own access to their proprietary information during proceedings.
Ambika Ramesh v.The Deputy Registrar Of Trade Marks
Ambika Ramesh filed a writ petition seeking intervention regarding her registered Ayurvedic product trademarks. Despite inadvertently missing the renewal deadline, she submitted a detailed representation outlining her grievances. The Kerala High Court intervened, directing the Registrar of Trade Marks to expeditiously consider and dispose of the petitioner's pending representation within 60 days, ensuring due process.
HL Display AB v.Black Sheep Retail Products B.V.
In a significant ruling concerning retail merchandising technology, the UPC found that HL Display AB's patent covering systems for securing shelf accessories was validly infringed by Black Sheep Retail Products B.V.'s products. While granting the infringement claim and ordering substantial damages, the court also issued a key procedural holding: counterclaims seeking a declaration of non-infringement are inadmissible if the claimant has not previously asserted the patent against that specific product. This decision reinforces strict adherence to assertion requirements within UPC proceedings.
PAPST LICENSING GmbH & Co. KG v.Das Europäische Patentamt (EPA)
This UPC decision addressed an appeal by PAPST LICENSING GmbH & Co. KG against the European Patent Office's refusal to grant unitary effect for EP 3 327 608. The core dispute centered on whether the requirement that a patent must be granted in all participating member states could be interpreted flexibly, especially concerning later-joining members like Malta. The UPC ultimately upheld the EPA's decision, emphasizing the strict legal requirements governing the unitary effect and rejecting arguments based on fundamental rights or administrative discretion.
Hero Investcorp Private Limited & Anr. v.M/S Limra Auto Connect
The Delhi High Court granted an ad-interim injunction in favor of Hero Investcorp Private Limited, affirming the strength of its trademark rights over 'HERO' across various products. The court also allowed the plaintiffs to proceed without mandatory pre-litigation mediation and exempted them from serving advance notice on the defendant, M/S Limra Auto Connect. Furthermore, a Local Commissioner was appointed to conduct an inventory of alleged infringing goods, including packaging materials, ensuring the preservation of evidence in this ongoing intellectual property dispute.
Syngenta Limited v.Sumi Agro Europe Limited
In a significant ruling on provisional measures, the UPC Court of Appeal affirmed the validity and infringement likelihood of EP 2 152 073 concerning herbicide compositions. The court confirmed that the balance of interests favored granting an injunction against Sumi Agro. Furthermore, it clarified procedural aspects, specifically rejecting the requirement for Syngenta to provide security for enforcement, which is a key relief for patent holders seeking immediate protection.
Sri Narasu'S Coffee Company Pvt.Ltd v.S.Sudhakar
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.
Rajkumar Sabu v.Sabu Trade Private Ltd.
The Madras High Court dismissed a writ petition filed by Rajkumar Sabu challenging the acceptance and subsequent advertisement of the trademark 'SACHAMOTI' in favor of Sabu Trade Private Ltd. The petitioner sought to quash the acceptance report, arguing that the application was based on fabricated documents and should not proceed without hearing him. However, the Court found that the petitioner's interlocutory petition lacked statutory basis and noted that he already had a remedy available through lodging an opposition under the Trademark Act.
bellissa HAAS GmbH v.Windhager Handelsgesellschaft m.b.H.
This UPC Court of Appeal decision addressed Windhager's request to stay the execution of a judgment issued by the Local Division in an infringement case against bellissa HAAS GmbH. Although Windhager had raised revocation defenses, the court found insufficient grounds to grant the stay. The ruling reinforces the high threshold required for obtaining a stay of execution under UPC rules, emphasizing that mere allegations of error are not enough.
10x Genomics, Inc. v.Vizgen, Inc.
In a procedural ruling concerning EP 4108782, the Court of Appeal allowed 10x Genomics to withdraw all its appeals against certain interim orders issued by the Local Division in Hamburg. Vizgen agreed to this withdrawal. This decision highlights the flexibility within the UPC framework regarding appeal withdrawals, provided no final judgment has been rendered on the underlying infringement case.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited appealed the Single Judge's order dismissing its interim injunction application against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently obtained registrations for ceiling fans that infringed upon Atomberg's registered design (No. 309694). The dispute also involved claims of passing off due to similarity in aesthetic features and market presence. However, the Bombay High Court dismissed the appeal, finding no grounds to interfere with the lower court's discretion.
DexCom, Inc. v.Abbott Laboratories and associated companies (jointly referred to as 'the Abbott companies')
In this procedural order, the UPC Court of Appeal permitted DexCom, Inc. to withdraw its infringement action against Abbott Laboratories and its subsidiaries. Concurrently, the Abbott companies agreed to withdraw their counterclaims for revocation. This mutual withdrawal resulted in the closure of the proceedings, meaning the patent EP 3 435 866 remains fully in force across all relevant territories. The decision highlights the procedural flexibility within the UPC regarding withdrawals during appeal.
Kannan Gopalakrishnan v.Controller of Patents
Kannan Gopalakrishnan challenged the proceedings of the Controller of Patents, arguing that his patent application for 'Solar Supplemental Power Source' was rejected and subsequently his review petition was dismissed without giving him a fair hearing opportunity. The petitioner sought to demonstrate the working prototype before the Patent Office.
Punjab Fc Private Limited v.Posshusa Apparels India Private Limited
Punjab Fc Private Limited filed a petition seeking the removal (rectification) of the 'PFC' trademark registered under application no. 4611789 in Class 25, which was held by Posshusa Apparels India Private Limited. The petitioner highlighted a prior favorable judgment regarding an identical device mark. The Court accepted notice and directed that formal notices be issued to all parties, setting timelines for filing replies and rejoinders before listing the matter further.
Mankind Pharma Limited v.The Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its mark PETKIND in Class 5, citing similarity to a prior application 'PETKIND PHARMA'. The Appellant argued that its extensive goodwill and established 'KIND Family of Marks' should prevail. The Court allowed the appeal, setting aside the rejection order.
Red Bull Ag v.M/S Bhavnagari Herbal Pharmacy & Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Red Bull Ag against M/S Bhavnagari Herbal Pharmacy & Ors. The court granted an urgent ex-parte ad-interim injunction and appointed a Local Commissioner to inspect, photograph, and potentially seize infringing goods from the defendants' premises. This decisive step allows the plaintiff to secure evidence of ongoing trademark misuse while the main suit proceeds.
IMI Hydronic Engineering Deutschland GmbH v.Belparts Group N.V.
In a procedural order concerning revocation and infringement actions, the UPC Court of First Instance addressed IMI Hydronic Engineering's request for Belparts Group to provide security for costs. IMI argued that Belparts was economically vulnerable, citing losses in 2023. However, the court dismissed the request, emphasizing that the burden of proof rests on the applicant. The decision highlights the strict evidentiary requirements necessary to successfully obtain security for costs proceedings within the UPC framework.
Lenovo (Singapore) Pte. Ltd. v.ASUSTek Computer Inc.
The UPC Local Division in Munich issued a procedural order setting a date for an interim hearing focused specifically on FRAND issues in the ongoing infringement case involving Lenovo and ASUS. This hearing is confidential and will be conducted in English, allowing parties to discuss sensitive licensing terms outside of public scrutiny. The decision highlights the court's ability to manage complex technical and contractual disputes within the UPC framework.
Goodai Global Inc v.Shahnawaz Siddiqu & Anr.
The Delhi High Court allowed a rectification petition filed by Goodai Global Inc against Shahnawaz Siddiqu & Anr., directing the removal of an identical device mark registration (No. 5635163) in Class 3. The court found that the respondent obtained the mark dishonestly and in bad faith, attempting to trade upon the petitioner's established goodwill associated with its 'Beauty of Joseon' brand. Given the clear intent to appropriate the petitioner's reputation, the registration was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Headwater Research LLC v.Samsung Electronics GmbH, Samsung Electronics France S.A.S, Samsung Electronics Co. Ltd.
Headwater Research LLC initiated an infringement action against Samsung Electronics concerning European Patent EP 2 391 947, which relates to verifiable device-assisted service policy implementation for data saving. Headwater alleges that various Samsung mobile devices running Android 7 or higher infringe the patent claims. Samsung has countered with a counterclaim seeking revocation of the patent based on grounds including lack of inventive step and novelty. The case is currently in procedural stages before the UPC Local Division Munich.
Arbutus Biopharma Corporation v.Moderna, Inc.
This procedural order in the UPC case involving Arbutus Biopharma Corporation against Moderna addressed extensive jurisdictional challenges raised by the large group of Moderna entities. Moderna argued that several subsidiaries lacked sufficient domicile or connection to the UPC territory for the court to exercise jurisdiction. The Court rejected these objections, confirming its competence based on established connectivity principles (e.g., co-defendants in the same country). This decision clears the path for the main infringement proceedings concerning Spikevax.
Seoul Viosys Co., Ltd v.Laser Components SAS
In a significant decision for the LED industry, the UPC Local Division of Paris found Laser Components SAS liable for infringing Seoul Viosys Co., Ltd.'s patent EP3404726. The court granted a permanent injunction against the sale and use of the infringing UVC LED chips across France, Germany, and the Netherlands. Furthermore, the respondent was ordered to provide extensive sales and distribution data, allowing the claimant to proceed with calculating full damages.
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