IP Cases — 2025
1,915 decisions across all jurisdictions
Page 43 of 64 · 1,915 total
SWARCO Futurit Verkehrssignalsysteme GmbH v.Chainzone Technology (Foshan) Co., Ltd.
This UPC appellate decision addresses the complex legal status of a third-party assisting party (Streithelfer) when the main supported party withdraws their appeal. Chainzone, acting as an assistant to Strabag, sought to continue its own infringement appeal against Swarco. However, because Strabag reached an out-of-court settlement and withdrew its appeal, the court ruled that Chainzone's independent legal standing was lost. Consequently, Chainzone's appeal was dismissed without subject matter.
Faro Technologies, Inc. v.PMT Technologies (Suzhou) Co., Ltd.; Blankenhorn GmbH
This UPC decision addressed a procedural application concerning court fees following the withdrawal of an interim measure claim. Faro Technologies, Inc. sought a partial refund of legal costs after withdrawing its action against one respondent. The Mannheim Local Court ultimately rejected this request, emphasizing that the relevant fee reimbursement rules are designed for full lawsuits and do not apply to applications for provisional measures. This ruling serves as a reminder of the strict procedural boundaries governing cost recovery in UPC proceedings.
Brita SE v.Fileder Filter Systems Spółka z o.o.
Brita SE successfully obtained an interim injunction from the UPC Local Chamber against Fileder Filter Systems Spółka z o.o. regarding the alleged infringement of EP 2 131 940 B1. The patent covers a specific water treatment device featuring a cartridge with a rotatable locking shaft for securing the connection head. The court ordered an immediate cessation of offering and placing on the market of the infringing cartridges across multiple EU member states. This decision highlights the UPC's efficiency in granting urgent provisional measures to protect IP rights.
Vmi Holland B.V. v.Deputy Controller Of Patents And Designs and Ors
Vmi Holland B.V. appealed a decision by the Deputy Controller of Patents and Designs which rejected their patent application, titled "Assembly for and method of making a tyre component," on the grounds that it lacked inventive steps. The High Court found the rejection order to be arbitrary, devoid of reasons, and lacking proper adjudication on the merits.
Jsw Mg Motor India Private Limited v.The Registrar Of Trade Marks & Anr.
The Delhi High Court heard an appeal filed by JSW MG Motor India Private Limited challenging the Registrar of Trade Marks' order that treated their application as abandoned due to non-appearance. The Appellant argued that their newly engaged counsel made reasonable attempts to join the virtual hearing but was unable to do so because the VC link was sent to the previous counsel. The Court prima facie agreed with the Appellant, finding that the inability to attend was not attributable to the new counsel. Consequently, notice was issued to the Respondents, and the matter was listed for further consideration.
Niti Milan Pancholi v.M/S Safed Parindey Event Management Llp & Ors.
The Gujarat High Court addressed a petition seeking intervention in an ongoing trademark infringement suit. The petitioner, claiming rights over various trademarks, sought the court's direction to expedite the decision on an injunction application filed before the Commercial Court. While acknowledging the urgency, the High Court directed the lower court to proceed with deciding the interim injunction on the next scheduled date (September 16, 2025). Crucially, the court stipulated that no adjournment would be granted to the defendants, ensuring a swift resolution of the urgent matter.
Zeria Pharmaceutical Co. Ltd v.The Controller Of Patents
Zeria Pharmaceutical appealed the refusal of its patent application for a novel intermediate compound (formula 5a). The Controller refused the grant, citing lack of novelty and inventive step under Section 2(1)(ja), and falling within the scope of Section 3(d) due to prior art disclosures. The High Court upheld the Controller's decision.
Moti Insecticides Private Limited v.Gsp Crop Science Limited & Anr.
Moti Insecticides Private Limited filed a petition seeking the revocation of Indian Patent IN 394568. The court issued notice to the respondents and directed them to file their reply within four weeks.
Cilag GmbH International v.RiVOLUTiON GmbH
Cilag GmbH International and Ethicon LLC sought provisional measures against German distributor RiVOLUTiON GmbH regarding the alleged infringement of their staple cartridge patent EP3689262. The UPC Court of First Instance ultimately dismissed the application for provisional measures, meaning no immediate injunction was granted. However, the court concurrently confirmed a preliminary confidentiality order and established a confidentiality club, setting procedural groundwork for future litigation.
NJ DIFFUSION SARL v.GISELA MAYER GmbH
In this procedural ruling, the UPC Court addressed a request by GISELA MAYER GmbH seeking security for costs against NJ DIFFUSION SARL. Despite concerns raised regarding NJ DIFFUSION's financial stability, the court found that the company provided sufficient documentation, including positive expert accounts and annual reports, to counter the insolvency risk claim. Consequently, the request for a cost guarantee was rejected, allowing the main infringement proceedings to continue.
Nicoventures Trading Limited v.NJOY Netherlands B.V.
This UPC Court of Appeal decision clarifies the strict rules governing access to written pleadings and evidence in ongoing proceedings. The court ruled that while blanket requests are inadmissible, immediate access can be granted if a member of the public demonstrates a direct interest in the patent's validity—as Nicoventures did due to its prior opposition efforts. Crucially, this access is conditional, preventing the recipient from filing or distributing the documents with other judicial instances like the EPO Boards of Appeal until the UPC appeal concludes.
Washtower IP B.V. v.INDUSTRIEBETEILIGUNGS- UND BERATUNGS GMBH
Washtower IP B.V. sought provisional measures against several defendants regarding the patent EP3522755B1 covering ergonomic washing machine cabinets. The court issued an order on September 11, 2025, focusing primarily on costs and interim relief. Although the application for preliminary measures was partially addressed, the ruling established a significant cost award of EUR 62,600 against Defendants 2-5.
PHOENIX CONTACT GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
In this UPC case, the respondents challenged the court's jurisdiction over alleged infringement acts that occurred before the UPC Agreement came into force. The court decisively rejected this objection, affirming its competence to hear claims concerning pre-UPC period activities. This ruling is significant as it clarifies the temporal scope of the UPC's jurisdiction, providing certainty for claimants pursuing historical infringement claims.
Dabur India Limited v.Patanjali Ayurved Limited And Anr.
Dabur India Limited filed a suit seeking permanent and mandatory injunction, alleging that Patanjali Ayurved Limited disparaged Dabur Chyawanprash and the entire market class through its advertisements (TVC and Print Advertisements) for 'Patanjali Special Chyawanprash'. The court heard interim applications regarding these ads.
Edwards Lifesciences Corporation v.Meril GmbH; Meril Life Sciences Pvt Ltd.; Meril Italy S.r.l.
This procedural order from the UPC Local Division Munich relates to an ongoing infringement action involving Edwards Lifesciences Corporation and Meril entities concerning European patent EP 3669828. The claimant sought an authentic paper copy of a prior decision for enforcement purposes, which was granted by the court. This ruling is significant as it streamlines the administrative process necessary to move from judgment to execution within the UPC framework.
Rajat Sharma & Anr. v.Tamara Doc & Ors.
The Delhi High Court issued an interim order in a suit concerning alleged infringement of personality and publicity rights, registered trademarks, and copyright. The court directed the plaintiff to serve advanced copies of their pending applications on the counsel representing proposed defendant no. 17 (Google LLC). This procedural step moves the litigation forward as the court prepares for further hearings regarding the injunction and impleadment requests.
Fujifilm Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
In a procedural order, the UPC Local Division Mannheim separated the infringement proceedings related to the UK national part of EP 3 511 174. This decision was necessitated by an outstanding ECJ ruling concerning international jurisdiction under the Brussels Ia Regulation. The court aimed to prevent undue delay in enforcement while ensuring all parties had a fair opportunity to comment on the pending European law question.
The Ritz Hotel Limited & Ors. v.Mr Shahjahan Khan & Anr.
The Delhi High Court granted an ad-interim injunction in favor of The Ritz Hotel Limited and its subsidiaries against Mr. Shahjahan Khan and others. The court found a prima facie case for trademark infringement, recognizing the established goodwill and reputation associated with the 'Ritz' mark. Consequently, the defendants were immediately restrained from using deceptively similar marks like 'RITZ RIVERIA' across various media, pending further hearings.
InterDigital VC Holdings, Inc. v.Amazon.com, Inc.
This Local Division Mannheim decision addressed procedural requests regarding the access and transcription of an oral hearing in a dispute between InterDigital and Amazon. The Court partially granted the defendants' request, allowing them to listen to the confidential audio recording at another UPC location. However, the core request for a complete, independently produced transcript was rejected. The ruling emphasizes the strict interpretation of procedural rules (R. 115 RoP) regarding hearing records, balancing the need for party access against maintaining confidentiality and preventing misuse outside the UPC framework.
Fresenius Medical Care Deutschland GmbH v.Controller General Of Patents, Designs And Trademarks and Anr
Fresenius Medical Care Deutschland appealed a decision by the Controller General of Patents refusing to grant its patent application concerning microvesicles derived from adult stem cells for tumor treatment. The core legal dispute centered on whether the appellant could amend the claims at the appellate stage to overcome objections regarding novelty and inventive step. The Delhi High Court ultimately allowed the amendments, finding that they were merely explanatory or disclaimers and did not broaden the scope of the original claims. Consequently, the refusal order was set aside, and the matter was remanded back to the Patent Office for fresh examination.
S Birpal Singh v.Pawandeep Singh Walia Trading As Pawandeep Singh and Company & Ors.
The Delhi High Court addressed a preliminary objection raised by the respondent regarding the procedural form of a petition seeking cancellation of four registered trademarks (AKALI PATRIKA). The respondent argued that Section 57 of the Trade Marks Act requires separate petitions for each mark. The petitioner countered, offering to deposit additional court fees or file multiple petitions. The Court found the petitioner's suggestions reasonable and directed the respondent to take instructions before listing the matter again.
Shroff Geeta v.Asst. Controller Of Patents And Design
The appellant challenged the rejection of a patent application for 'Composition comprising human embryonic stem cells and their derivatives' based on Section 3(b) of the Patents Act, 1970. The respondent argued that deriving these stem cells requires the destructive use of human embryos, making the invention contrary to public order or morality. The High Court upheld the rejection.
Sun Patent Trust v.Roku Inc.
In this UPC case, Sun Patent Trust sued Roku Inc. and Roku International B.V. for infringement of EP 2 903 267. The defendants raised significant jurisdictional challenges, arguing that the EPCG was incompatible with EU law (AEUV/EUV). The court decisively rejected these arguments, affirming the UPC's jurisdiction over both current and past acts of alleged infringement. Consequently, the opposition was dismissed, and the main infringement proceedings will proceed.
Iconic Ip Interests Llc and The Hershey Company v.Dukes Consumer Care Limited and The Registrar of Trademarks
Iconic IP Interests LLC and The Hershey Company successfully petitioned the Madras High Court for the rectification of a trademark registration, specifically targeting the mark 'TWO MUCH'. The petitioners argued that the respondent's mark had not been used continuously for five years from its date of registration. Given the lack of evidence of use by Dukes Consumer Care Limited, the court allowed the petition and directed the Registrar to remove the impugned entry from the register.
Mohanlal U.Jain Trading As M/s.Master Marketing v.M/S.Lkb Engineering Pvt. Ltd.
The Madras High Court allowed appeals filed by Mohanlal U.Jain, setting aside the Trademark Registry's decision to abandon his applications for 'Rallison APPLIANCES.' The core issue was whether the opposition notice served by M/S.Lkb Engineering Pvt. Ltd. had been properly served on the appellant as required under Section 21(2) of the Trade Marks Act, 1999. The Court found that despite evidence of communication from the respondent, there was no proof presented by the Registry confirming service upon the appellant. Consequently, the appeals were allowed, and the Registry was directed to grant a fresh opportunity for the matter.
Vineet Kapur v.Registrar Of Trade Marks
The Delhi High Court allowed Vineet Kapur's appeal against the Registrar of Trade Marks' refusal to register the numerical mark '2929' for cosmetics. The court held that a combination of numbers can function as an inherently distinctive and arbitrary trademark, provided it is not descriptive or common in trade. By setting aside the rejection, the Court directed the application to proceed to advertisement, reinforcing the principle that numerals are capable of serving as effective source identifiers.
Powermat Technologies, Ltd. v.Anker Innovations Technology Co., Ltd.
In a procedural order concerning EP 2 481 141, the UPC Local Division in Mannheim addressed a request by Anker Innovations and associated entities to stay infringement proceedings. The defendants sought a stay pending a decision on their FRAND counterclaim before the Munich LD. The Court determined that this request must be decided after the oral hearing because the applicability of the FRAND defense depends entirely on the outcome of the main infringement and validity arguments.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors, Dolutegravir and Cabotegravir. The court found the rejection order unsustainable due to misinterpretation of previous orders and noted an exceptional delay in the process. Consequently, the appeal was allowed, directing fresh adjudication by another Controller.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute arising from a family arrangement, involving the use of the trade name 'Sindharam Sanwarmal', constituted a 'Commercial Dispute'. The plaintiff argued that the matter was purely familial and not commercial. However, the court found that the reliefs sought—specifically perpetual injunctions restraining the defendant from using or permitting others to use the trademark—manifestly demonstrated an intellectual property dispute. Consequently, the High Court held that the suit must be triable exclusively by a Commercial Court under the Act of 2015.
TRUMPF Laser- und Systemtechnik SE v.IPG Laser GmbH & Co. KG
In this procedural order from Düsseldorf Local Chamber, the court addressed the claimant's attempts to introduce late amendments to the scope of patent EP 2 624 031 B1. The claimant sought permission to modify its claims based on new arguments raised by the defendant in a counterclaim for revocation. However, the court rejected these applications, emphasizing that merely claiming 'surprise' is insufficient justification. The ruling reinforces strict procedural requirements under the UPC Rules of Procedure (R. 30.2 VerfO), requiring applicants to demonstrate a clear link between the opponent's arguments and the necessity of the late claim amendments. This decision serves as a strong warning against using procedural maneuvers to circumvent established timelines in patent litigation.
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