IP Cases — 2025
1,915 decisions across all jurisdictions
Page 27 of 64 · 1,915 total
Hypertherm Inc. v.Tec.Mo. s.r.l.
In a procedural decision, the UPC Local Division of Milan dismissed an infringement action brought by Hypertherm Inc. against Tec.Mo. s.r.l. The case was terminated because both parties had reached a comprehensive out-of-court settlement covering all disputes and litigation costs. Crucially, the court confirmed the refund of 60% of the initial court fees to the claimant under Rule 370.9(c)(i) RoP, demonstrating how procedural rules facilitate efficient case closure upon amicable resolution.
Teleflex Life Sciences II LLC v.Speed Care Mineral GmbH
Teleflex Life Sciences II LLC sought provisional measures against Speed Care Mineral GmbH regarding the alleged infringement of its patent on clay-based hemostatic agents. The UPC Local Division in Hamburg dismissed the application, finding that Teleflex failed to provide sufficient certainty that the Defendant's product contained a binder element as required by the patent claims. This decision highlights the high evidentiary threshold required for applicants seeking urgent relief like preliminary injunctions under the UPC framework.
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.
Google Llc v.The Registrar Of Trade Marks
The Delhi High Court addressed an appeal filed by Google LLC challenging the refusal to register its trademark 'OUTLINE'. The core issue involved potential conflicts with existing trademarks. Recognizing that two pending rectification petitions, which directly impacted the dispute, were lodged in different registries (Chennai and Ahmedabad), the court took a procedural step. It directed the transfer of these two related rectification petitions to the High Court for consolidation with the main appeal, ensuring a unified adjudication of all interconnected trademark matters.
Sanofi A/S, Sanofi-Aventis GmbH, Sanofi S.r.l., Sanofi B.V., Sanofi-Aventis Deutschland GmbH, Sanofi AB, Sanofi Winthrop Industrie, Sanofi - Produtos Farmaceuticos Lda, Sanofi Belgium, Sanofi Mature IP (represented by Sanofi SA) v.Accord Healthcare BV, Accord Healthcare, Unipessoal Lda., Accord Healthcare S.L.U., Accord Healthcare GmbH, Accord Healthcare Italia Srl, Accord Healthcare AB, Accord Healthcare B.V.
This procedural order in a complex pharmaceutical patent dispute between Sanofi and Accord Healthcare (and related defendants) sets the stage for critical expert testimony and oral hearings. The core of the case revolves around the validity of European Patent EP 2 493 466, specifically challenging its inventive step based on clinical trial data (TROPIC study). The court has scheduled detailed sessions to allow experts to address complex factual questions regarding oncological drug development, which will ultimately inform the legal question of obviousness. This case highlights the UPC's structured approach to integrating technical expertise into patent litigation.
Seoul Viosys Co., Ltd. v.Photon Wave Co., Ltd.
This UPC decision addresses a complex application for cost reimbursement following preliminary objection proceedings regarding patent competence. Seoul Viosys sought compensation for costs incurred during the legal dispute over whether the Central or Local Division was competent to hear the revocation action. The Court ruled that while the application was admissible, the recoverable costs were limited because the preliminary objection lacked the technical depth of the main revocation action. Ultimately, a partial award of EUR 11,200 was granted.
DISH Technologies L.L.C. v.AYLO PREMIUM LTD
This UPC decision from Mannheim addresses a procedural motion concerning cost allocation arising from an appeal against a process security order. The court ruled that costs related to defending or challenging such procedural orders cannot be determined separately under Rule 150 of the Rules of Procedure (VerfO). Instead, they must be integrated into the final overall cost assessment following the substantive judgment. Crucially, the application was also deemed moot because the main decision had already established a unified approach to costs.
Versah LLC v.HaeNaem Co., Ltd.
Versah LLC initiated an infringement lawsuit concerning EP 3 402 420 B1. However, before the written proceedings concluded, Versah reached an out-of-court settlement with one of the defendants (Respondent 2). The Düsseldorf Local Division accepted the claimant's request for partial withdrawal against this specific defendant and terminated those proceedings. This case highlights how private settlements can directly impact the trajectory and scope of UPC litigation.
Shri Ved Prakash Garg Trading As M/S Parul Food Products v.Mr. Dhruv Singh And Anr.
The Delhi High Court allowed the rectification petitions filed by M/s Parul Food Products against Mr. Dhruv Singh, cancelling two registered trade marks ('FUNSHINE' and a Device Mark) in Class 30. The court found that these Impugned Marks were deceptively and identically similar to the Petitioner's established mark 'FUNFINE'. Given the Petitioner's prior use since 2005 compared to the Respondent's registration date of 2017, the judgment reinforced the principle that a prior user's rights supersede subsequent registrations when likelihood of confusion exists.
Kemin Industries, Inc. v.The Controller of Patents
Kemin Industries appealed an order rejecting its patent application concerning the use of Ferulic Acid Esterase (FAE) combined with four main chain degrading enzymes in monogastric animals. The appellant argued that the specific combination provided synergistic effects and was not obvious from prior art. The High Court allowed the appeal, setting aside the rejection and directing the patent application to proceed for grant.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
Reckitt Benckiser (India) Private Limited sought an interim injunction against Sauss Home Products Private Limited, alleging trademark infringement and passing off related to its 'Robin' bird device mark used in FMCG products. The court first dismissed the defendant's challenge regarding territorial jurisdiction, finding that the cause of action arose within Delhi due to sales and online promotion there. Subsequently, the court found a prima facie case for passing off and copyright infringement, granting an interim injunction against the defendant.
Insulet Corporation v.EOFLOW Co., Ltd.
This UPC Cost Decision addressed Insulet Corporation's request for cost compensation against EOFLOW Co., Ltd. The Court found that while the applicant was entitled to recovery of reasonable and proportionate costs related to the merits proceedings, the requested amount needed significant reduction. Key factors influencing this decision included the lack of clarity in submitted invoices, the overlap between arguments presented before the UPC and the Court of Appeal, and the exclusion of costs relating to the enforcement phase. The final award granted Insulet an additional EUR 113,773.40.
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.
Jitesh Kumar S/O Omprakash Maheshwary v.Babushah Ibrahimsha Juneja & Anr.
This appeal before the Gujarat High Court challenged an interim injunction granted by the Trial Court in Trademark Suit No. 1 of 2023. The original plaintiffs sought relief against alleged infringement of their registered copyright and passing-off of their trademark 'RAJ KHUSHBU' concerning Ayurvedic Medicinal Oils. The High Court, while not examining the merits of the underlying dispute, quashed the lower court's order on the grounds that it was non-speaking. Consequently, the injunction application was restored to the Trial Court for a fresh hearing.
Star India Pvt. Ltd. v.Ashar Nisar & Ors.
Star India Pvt. Ltd., an entertainment media company, filed a suit against various individuals and entities for the unauthorized dissemination and broadcasting of its copyrighted content through rogue mobile applications and illicit websites. The plaintiffs asserted their exclusive rights over content streamed via STAR Channels and Disney+ Hotstar. Given that the defendants failed to contest the suit by filing a written statement despite being served, the Delhi High Court found them liable for copyright piracy.
CRETES NV v.HYLER BV
In this procedural order, the UPC Local Division in Brussels addressed a request by CRETES NV to exclude specific new arguments and claims introduced by HYLER BV into ongoing infringement and revocation proceedings. The Court partially granted the request, agreeing to exclude detailed non-infringement arguments and related documents from consideration. This ruling highlights the court's power to manage case complexity and maintain procedural efficiency within the UPC framework.
Insulet Corporation v.EOFLow Co., Ltd.
This UPC Court of Appeal decision addressed a procedural request for access to written pleadings and evidence. The court balanced the general interest in public access against concerns regarding confidentiality, personal data protection (GDPR), and copyright. Ultimately, limited access was granted to the law firm representing one party, provided all personal data was redacted.
Advanced Brain Monitoring, Inc. v.Koninklijke Philips N.V.; Philips RS North America LLC; Respironics Deutschland GmbH & Co. KG
In this UPC case concerning advanced brain monitoring technology, the claimant sought permission to amend its statement of claim to reflect a newer version (B2) of the patent instead of the original version (B1). The Court of First Instance dismissed the application for amendment. However, recognizing the technical reality that the B2 version was retroactively valid from the grant date, the court admitted the revised pleading into the case file, ensuring the proceedings proceed on the correct legal basis.
Fashnear Technologies Private Limited v.John Doe/S And Ors
In a significant interim order, the Delhi High Court granted permanent injunction reliefs sought by Fashnear Technologies Private Limited against John Doe and others. The court issued sweeping directives requiring entities like NPCI, telecom service providers, and Meta Platforms to take immediate action—including blocking UPI IDs, suspending phone numbers, and removing infringing social media content—to protect the plaintiff's trademarks ('MEESHO') and copyrights. This order sets a strong precedent for how IP holders can leverage court intervention against digital infringement across multiple platforms.
air up group GmbH v.Guangzhou Aiyun Yanwu Technology Co., Ltd.
This UPC decision addresses a procedural challenge concerning service of a default judgment in provisional measures proceedings involving a defendant domiciled in China. After extensive attempts at formal service via the Chinese competent authority failed due to delays and eventual refusal, the Court ruled that good service could be established through an alternative method. By publishing the decision on the UPC website and notifying the defendant by email, the Court ensured the principle of effective legal protection was upheld, allowing the default judgment to proceed.
Natural Medicine Institute Of Zhejiang v.The Deputy Controller of Patents And The Controller of Patents
The petitioner appealed against an order rejecting its patent application (No. 6275/CHENP/2011) for 'A MORDANT AND HAIR COLORING PRODUCTS CONTAINING THE SAME'. The rejection was based on procedural grounds regarding claim amendments, but the court found that the impugned order lacked reasons and set it aside.
Castrol Limited v.Govind Mohan Sharma
In a matter concerning trademark recognition, Castrol Limited sought to establish its 'CASTROL' and 'ACTIV' marks as well-known trademarks before the Delhi High Court. The plaintiff presented detailed arguments supporting this claim. While the court did not issue a final ruling on the merits of the well-known status, it granted an adjournment to the defendant for further submissions, indicating that the matter remains active in litigation.
President and Fellows of Harvard College v.NanoString Technologies Inc.
This decision addresses the complex issue of managing a large number of auxiliary requests filed by Claimant 2 (Harvard College) in an application to amend a patent, while parallel opposition proceedings are ongoing at the EPO. The Court recognized that given the extensive validity attacks, limiting the amendments strictly is not feasible under the principle of fairness. Consequently, the proceedings were stayed pending the EPO's decision, and Harvard was instructed to consolidate its requests for submission shortly thereafter.
Edward Charles Troppi Smythe v.The Controller General Of Patents Designs And Trade Marks, Joint Controller Of Patents And Designs, Union Of India
The petitioner filed an Indian patent application related to satellite conjunction prediction. The deadline for filing the request for examination lapsed because the Indian Patent Agent mistakenly calculated the deadline, leading to a rejection by the Patent Office. The court allowed the petition, finding that there was no intent to abandon the application.
Reliance Industries Ltd. v.Rivpe Technology Pvt. Ltd.
The Bombay High Court ordered the continuation of litigation between Reliance Industries Ltd. and Rivpe Technology Pvt. Ltd., but only on a conditional basis. The parties had reached a settlement understanding requiring the defendant to cease using the trademark RIO or similar marks in relation to specific businesses by December 29, 2025. The court agreed to keep the suit in abeyance until January 5, 2026, allowing time for compliance with these terms. If the defendant complies, the plaintiff will withdraw the suit; otherwise, they remain free to pursue legal action.
TIRU v.MAGUIN SAS
This UPC decision addressed a challenge to ex parte evidence preservation orders granted by the Paris Local Division. TIRU sought seizure and site inspections against MAGUIN regarding alleged infringement of its waste incineration patent (EP3178578). MAGUIN challenged these measures, arguing lack of urgency and bad faith on TIRU's part. The court ultimately rejected MAGUIN’s request, affirming that the initial urgent measures were justified given the competitive market environment.
M/S Changsha Sinocare Inc. v.Mr Rajesh Kumar
The Delhi High Court granted an interim injunction in favor of M/S Changsha Sinocare Inc. against the defendants regarding alleged infringement and passing off. The court found a prima facie case based on the use of deceptively similar marks ('Safe AQ'/'Safe Accu') and trade dress, as well as confusingly similar corporate names. Consequently, the defendants were restrained from selling or marketing products that mimic Sinocare’s intellectual property, and specific infringing URLs were directed to be disabled by e-commerce platforms.
SSAB TECHNOLOGY AB v.DEEPAK DINESH MEHTA AND OTHERS
The Delhi High Court issued a complex order in the trademark infringement suit, partially granting relief to SSAB Technology Ab. The court decreed the suit regarding specific permanent injunctions against the defendants concerning their use of infringing marks (HARDOX/Leomet-alloys). However, the court noted that the plaintiff declined an offer for full settlement and directed the suit to remain pending on remaining money claims, setting the stage for further litigation.
Tirupati Vancom Private Limited v.James Glendye And Co Limited and Ors
The Calcutta High Court, in its Intellectual Property Rights Division, admitted the plaint filed by Tirupati Vancom Private Limited against James Glendye and Co Limited. The court granted leave under relevant provisions due to the urgency pleaded by the plaintiff.
TRANS UNION, LLC v.The Controller General of Patents, Designs & Trademarks
Trans Union, LLC challenged the refusal of its patent application (No. 4268/CHE/2012) by the Controller General of Patents, which rejected it primarily on grounds of non-patentability under Section 3(k). The appellant argued that the system and method for matching database records was inherently technical, providing a solution to data quality issues in emerging markets. The Madras High Court set aside the rejection order, finding that the invention involved technical considerations implemented by hardware, but remanded the matter to refine the claims' scope and ensure adequate enablement.
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