IP Cases — 2025
1,915 decisions across all jurisdictions
Page 44 of 64 · 1,915 total
JingAo Solar Co., Ltd. v.Chint Solar Netherlands B.V.
This UPC decision addresses a motion for security for costs in an infringement proceeding involving solar technology. The Court ultimately granted the request, despite the Claimant's argument that non-EU domicile alone should not be grounds for such an order. The ruling hinged on practical difficulties faced by European courts when serving documents in China, specifically citing issues related to the Hague Service Convention. This case highlights how procedural enforcement challenges can override general principles of jurisdiction and cost allocation within the UPC framework.
Stäubli Tec-Systems GmbH v.ehemalige Patentinhaber
This UPC appellate decision addresses a complex issue regarding cost allocation in patent litigation where one party initiates an invalidity action and the other subsequently waives their rights to the patent. The court ruled that equitable considerations can override strict procedural requirements concerning the timing of a waiver and revocation request under Art. 105a EPC. This provides significant relief for patentees who may have delayed formalizing their withdrawal due to complex legal circumstances.
ITW GSE APS v.Dabico Airport Solutions Pvt Ltd
Plaintiffs sought leave to inspect documents filed by Defendant No. 4 under Section 30 CPC, which related to disclosure of turnover concerning patented PCA units. The Court constituted a Confidentiality Club to facilitate this inspection, subject to prescribed rules.
Novo Nordisk As v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk appealed an order passed by the learned Single Judge regarding an interim application in a patent dispute. The respondents argued they had a license to manufacture but not sell the impugned drug in India, reserving the right to export. The High Court disposed of the appeal, advancing the date for further consideration on the issue of export.
Dolby International AB v.Beko Germany GmbH, Arçelik A.Ş
This UPC Local Division decision addressed a procedural application concerning public access to court documents in the ongoing infringement and revocation proceedings (UPC_CFI_135/2024). The claimant sought extensive access to all filed exhibits and pleadings. The Court partially granted this request, allowing access to specific redacted versions of key documents while rejecting broader requests for further redaction or disclosure.
Insulet Corporation v.A. Menarini Diagnostics s.r.l.
This UPC Court of Appeal decision addressed a procedural request for an extension of time, rather than the merits of the underlying patent dispute. Menarini sought an extension to file its statement of response due to technical difficulties with the Case Management System (CMS). The Court dismissed the request, clarifying that automatic extensions under R.301.2 RoP apply when electronic filing is temporarily impossible, making a discretionary order superfluous.
Master Capital Services Limited & Anr. v.John Doe & Ors.
The Delhi High Court granted crucial interim relief in favor of Master Capital Services Limited regarding the misuse of its 'Master Trust' trademark. The court recognized that unidentified individuals were using the brand name on messaging platforms like WhatsApp for fraudulent investment schemes. Consequently, the court issued directions to block specific WhatsApp accounts and permanently freeze bank accounts linked to the alleged infringers, safeguarding the plaintiff's goodwill and reputation.
Samsung Electronics Co., Ltd v.ZTE Deutschland GmbH, ZTE France SASU, ZTE Netherlands B.V.
In a procedural order concerning an infringement action, the UPC Local Division in Mannheim addressed the varying service dates of three related ZTE entities. The court ruled that to ensure procedural fairness and efficiency, all parties agreed to harmonize the deadlines for submitting defenses and revocation counterclaims. This decision establishes a uniform timeline across the group defendants, streamlining the ongoing litigation.
Boehringer Ingelheim Pharma Gmbh And Co Kg v.The Controller Of Patents & Anr.
This Delhi High Court order addresses complex procedural issues arising from concurrent litigation between Boehringer Ingelheim Pharma and The Controller of Patents. Specifically, the court examined whether a revocation petition remains maintainable even if the patentee has already raised an invalidity defence in an infringement suit. Furthermore, the bench deliberated on the highly arguable question of whether a patent can be revoked after its term has expired by efflux of time. The court decided to list the matter for further hearing and stayed the impugned order.
Super-Max Ipr Holdings Ag Through Its Authorized Representative Mr. Chirag Haresh Shah v.Suresh Kumar Garg And Ors
The Delhi High Court addressed a non-compliance issue where defendants failed to adhere to an earlier undertaking regarding the withdrawal of a specific trade mark application. The court directed the Registrar of Trademarks to process the withdrawal of trademark no. 4336864 in respect of 'SUPERMAC' within two weeks, provided all legal formalities are met. This order sets clear compliance timelines and mandates status reporting by the Trademark Registrar.
M/S. Arvind Laboratories v.Mr. Pawan Kumar Singhania And Anr
In this trademark dispute, the Calcutta High Court issued an interim direction requiring the respondents to modify the get-up and trade dress of their product, 'Pearl Eyeflax Kum Kum Bindi.' The respondents were mandated to forward copies of these proposed changes to the petitioner's advocates by March 13, 2025. This order allows both parties time to adjust the disputed branding while keeping the litigation moving toward a resolution.
Ona Patents SL v.Google Ireland Limited, Google Commerce Limited
In a recent procedural order, the Düsseldorf Local Division of the UPC decided to consolidate the infringement action brought by Ona Patents SL against Google entities with the counterclaim for revocation. This strategic decision was made at the request and consent of both parties. By combining these two complex issues into one hearing, the court aims to enhance efficiency and ensure that any determination of patent validity is applied uniformly when assessing infringement.
Ms Jagat Agro Commodities P Ltd v.Union Of India & Ors.
The Delhi High Court ruled in favor of Ms Jagat Agro Commodities P Ltd, directing the respondents (Union of India) to renew and restore its registered trademark 'JAGAT(DEVICE)'. The court found that the mandatory statutory notice (Form O-3) regarding the approaching expiry was not properly issued or served on the petitioner, thereby upholding the principle of natural justice. This decision emphasizes that a trademark proprietor should not be penalized for procedural lapses by the Registry.
Sri Narasu's Coffee Company Pvt. Ltd. v.M/S.Shri Lakshmi Agro Foods Pvt. Ltd.
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company against M/S.Shri Lakshmi Agro Foods Pvt. Ltd. The dispute, which sought to cancel the 'Udhaiyam' trademark registration in Class 30, was resolved amicably between the parties. Both sides entered into a Memorandum of Compromise, leading the petitioner to withdraw the original petition.
Sanofi SA as successor of Sanofi Mature IP v.STADAPHARM GmbH a.o.
In a significant ruling, the UPC Local Division Munich revoked European Patent 2 493 466 in its entirety. The patent, which covered a novel anti-tumoral use of cabazitaxel (marketed as JEVTANA), was found invalid across several key member states. Consequently, all associated infringement actions brought by Sanofi against generic manufacturers like STADAPHARM were dismissed. This case highlights the vulnerability of patents facing prior national challenges and underscores the UPC's role in enforcing or nullifying IP rights.
Wow Momo Foods Private Limited v.Wow Burger & Anr.
The Delhi High Court allowed the appeal filed by Wow Momo Foods Private Limited, quashing a single judge's order that had dismissed an application for an interlocutory injunction. The court found that the respondent's proposed mark, 'WOW BURGER', was highly likely to cause confusion with the appellant's established marks like 'WOW MOMO' and 'WOW DIMSUMS'. Despite arguments regarding common usage or descriptive nature of 'WOW', the court held that the combination of the exclamation with the food item created a distinctive association in the mind of the average consumer, thereby establishing a prima facie case of infringement.
Gsp Crop Science Pvt Ltd v.Mikado Crop Science Pvt Ltd
Gsp Crop Science Pvt Ltd filed a suit seeking permanent injunction against Mikado Crop Science Pvt Ltd for infringing Indian Patent No. 394568, which covers a specific suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. Although the defendant conceded to the grant of permanent injunction, the court also directed notice to an e-commerce website (AgriBegri) regarding the listing of the infringing product 'DYNA' to investigate commercial sales.
Hologic, Inc. v.Siemens Healthineers AG
This UPC Local Division decision addressed a request for security for costs filed by Siemens Healthineers against Hologic in an infringement and revocation action. Siemens argued that enforcing potential cost orders would be unduly burdensome due to Hologic's US domicile, citing lack of international judgment recognition treaties. The Court rejected this argument, emphasizing that the burden lies on the applicant to prove undue burden with specific evidence regarding foreign law application. This ruling reinforces the high evidentiary threshold required for security for costs applications in UPC proceedings.
Hamdard National Foundation (India) v.Klm Pharma Seema Aggarwal Proprietor
The plaintiffs, part of the Hamdard Group, sued KLM Pharma for infringing their well-known Unani medicine trademark 'SAFI' and its associated trade dress. The defendant was found to be using a deceptively similar mark, 'SAIFI,' for identical goods (blood purifier).
STADAPHARM GmbH v.Novartis AG, Accord Healthcare B.V., Accord Healthcare S.L.U., Accord Healthcare Limited
This preliminary order addressed a request by STADAPHARM GmbH, an applicant in a non-infringement action, seeking access to the main proceedings documents. The Court clarified the scope of Rule 262.1 b), stating that such requests are limited to existing filings and cannot preemptively cover all future submissions. The ruling underscored the importance of maintaining procedural integrity over general public visibility when interests conflict, a key principle for transparency in UPC litigation.
LiNA Medical AG v.Schultz Medical (UK) Ltd.
This Düsseldorf Local Division order addresses procedural issues arising from an application to preserve evidence in a medical device patent case. The court emphasized that defendants must actively utilize provided CMS access codes and appoint representatives promptly if they wish to comment on confidentiality interests related to expert reports. Since the respondent failed to log into the CMS, the court proceeded with disclosing the unredacted expert description to the applicant while simultaneously revoking the evidence preservation measures unless the main infringement proceedings were quickly initiated.
Swarco Futurit Verkehrssignalsysteme Ges.m.b.H. v.Chainzone Technology (Foshan) Co., Ltd.
In a procedural ruling within the UPC Local Division, the court addressed Chainzone Technology's request for access to case files related to EP2643717. Despite initial delays and considerations regarding ongoing proceedings, the court ultimately granted the requested file access. This decision underscores the importance of transparency in UPC proceedings, even when preliminary measures like evidence preservation are involved.
Celagenex Research India Pvt Ltd v.Pharmak & Anr.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its suit patents. The court examined the composition of the impugned products and found that they used exactly the same salt compositions as the plaintiffs' patented formulations. Consequently, the court granted an ex parte ad-interim injunction.
Sanofi SA as successor of Sanofi Mature IP v.Zentiva France
In a significant pharmaceutical case, the UPC Local Division Munich revoked European Patent 2 493 466 concerning the anti-tumoral use of cabazitaxel. The revocation decision effectively dismissed the concurrent infringement actions brought by Sanofi against generic manufacturers like Zentiva. This ruling underscores the power of the UPC to enforce patent validity across multiple jurisdictions, even when national court decisions regarding invalidity are involved.
Parth Formulation Pvt Ltd v.Paam Biotech Private Limited
In a passing-off dispute concerning pharmaceutical packaging, the Delhi High Court found prima facie that the defendants' packaging was deceptively similar to the plaintiff's. While the court noted the parties were open to settlement, it directed Paam Biotech to change its packaging color away from red and mandated Parth Formulation to submit sales data for the past three years.
NJOY Netherlands B.V. v.VMR Products LLC
This UPC Court of Appeal decision addressed an appeal against a revocation action concerning EP 3 456 214, a patent covering vaporizer technology. The court confirmed the initial finding that several claims lacked inventive step due to anticipation by prior art (Pan). Furthermore, the judgment provided important procedural guidance on how parties must manage new evidence and arguments when responding to applications to amend under the UPC's strict front-loaded system. This case is significant for practitioners navigating complex revocation proceedings in the unified patent court.
Pstgems Private Limited v.Active Ayurvedic Life Private Limited & Ors.
The Delhi High Court granted the plaintiff, Pstgems Private Limited, an ex parte ad-interim injunction in a suit alleging infringement and passing off related to its trademark 'BRAMPIUM' and associated copyrights. The court recognized the urgency of the matter concerning counterfeit products and ordered the appointment of a Local Commissioner. This commissioner is tasked with accessing Defendant No. 1's premises, reviewing CCTV footage, and examining account books and stock registers to gather evidence of infringement.
Huawei Technologies Co. Ltd. v.TP-Link Systems Inc., TP-Link Deutschland GmbH, TP-Link Enterprises France SARL, TP-LINK Enterprises Netherlands B.V., TP-Link Italia S.R.L., TP-LINK Enterprises Nordic AB, Lianzhou International Co., Ltd.
This UPC Board of Appeal decision addresses a procedural motion regarding document access in ongoing infringement and revocation proceedings involving Huawei and TP-Link concerning patent EP 3 678 321. TP-Link sought access to confidential documents, which the Local Division partially granted with a deadline. Huawei appealed this order, arguing against the disclosure. The Board of Appeal ultimately granted suspensive effect to Huawei's appeal, effectively halting the document disclosure until further review.
M/s. Sreedevi Video Corporation v.M/s.TKP Pictures
The Madras High Court heard an appeal regarding the ownership and infringement of copyrights related to the film 'MALLU VETTY MINOR'. The court found that the petitioner, M/s. Sreedevi Video Corporation, was the absolute owner of the copyrights. Consequently, a permanent injunction was granted against Respondent No.1 (TKP Pictures) for infringing these rights.
Danone And Pacific Holdings Pte Ltd v.Alvo Life Sciences And Ors & Ors
The Delhi High Court addressed a complex trademark infringement suit involving Danone And Pacific Holdings and Alvo Life Sciences. The court formally decreed the suit against defendants 1 through 7 based on a previously executed Memorandum of Compromise, which included payments and undertakings to cease infringing use. Furthermore, the court accepted an offer from defendant 11 to settle the dispute, directing them to deposit damages, thereby facilitating a resolution for all parties involved.
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