IP Cases — 2025
1,915 decisions across all jurisdictions
Page 48 of 64 · 1,915 total
Visibly Inc. v.Easee Holding B.V., Easee B.V.
This UPC Court of Appeal decision addresses an application for suspensive effect in a complex infringement and revocation case. The core issue was the appeal against a CFI order requiring Easee to provide security for legal costs. Given that the main proceedings had been stayed due to the insolvency of the Easee companies, the Court found that continuing the appeals served no purpose. This ruling emphasizes the practical application of procedural rules when external events, such as corporate insolvency, impact ongoing litigation in the UPC.
Meril Italy S.r.l. v.Respondent 1 / SWAT Medical AB
This UPC Court of Appeal decision addressed a critical procedural issue concerning representation before the court. The Court ruled that self-representation is invalid for lawyers and European Patent Attorneys when they are parties to the case, reinforcing strict due process requirements. Additionally, it clarified limitations on corporate representatives acting for legal entities if they lack independence. Consequently, the Court did not dismiss the access request but instead granted a 14-day grace period for the respondents to appoint proper authorized counsel.
Vifor (International) Ag v.Controller Of Patents
Vifor (International) Ag appealed an order by the Assistant Controller rejecting its patent application for a pharmaceutical composition used to treat iron deficiency. The appellant argued that the rejection based on lack of novelty and inventive step was flawed, as the prior art cited was irrelevant and the Controller ignored technical data provided.
NJOY Netherlands B.V. v.Juul Labs International Inc.
In a revocation action concerning EP 3 504 990, the UPC Court of Appeal granted a stay of proceedings at the request of Juul Labs. This decision was based on the accelerated timeline of parallel opposition appeal proceedings before the EPO Boards of Appeal. The ruling highlights the practical mechanism for coordinating litigation between the UPC and national/EPO bodies when decisions are expected rapidly.
Kunststoff KG Nehl & Co. v.Häfele SE & Co. KG
In a procedural order concerning EP 3 767 151, the UPC granted a stay of proceedings at the joint request of Kunststoff KG Nehl & Co. and Häfele SE & Co. KG. This decision allows both parties to concentrate on ongoing settlement negotiations without the immediate pressure of an oral hearing. The ruling highlights the Court's flexibility in managing litigation when parties seek amicable resolution.
RPG Enterprises Limited v.RPG Industrial Products Pvt Ltd.
The Delhi High Court granted a rectification petition filed by RPG Enterprises Limited against RPG Industrial Products Pvt Ltd., leading to the cancellation of the respondent's trademark registration (No. 2778255). The court found that the impugned mark wrongfully incorporated the petitioner’s well-known 'RPG' brand, which has acquired distinctiveness and secondary meaning through long-standing use across various industries. This decision reinforces the principle that a registered mark cannot be maintained if it is deceptively similar to an established, widely recognized trademark.
M/S.Goldmedal Electricals Pvt. Ltd. v.Mr.Sh.S.Lal Singh
In this appeal before the Madras High Court, M/S.Goldmedal Electricals Pvt. Ltd. challenged the Trade Marks Registry's decision to dismiss an opposition based on the finding that 'GOLDMEDAL' and 'SILVERMEDAL' were different marks. The court noted evidence of prior use by Goldmedal's predecessor since 1987, and crucially, referenced a separate Civil Court decree confirming the deceptive similarity between the two trademarks. Consequently, the High Court ruled that the Registry's finding of difference would not be binding on the appellant in future proceedings related to these marks.
P.Pandian v.The Registrar of Trade Marks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trade Marks to allow the renewal of the trademark 'WAHEED.' The court held that because the Registrar failed to issue the mandatory notice regarding the impending expiry of the registration, the petitioner was entitled to seek renewal despite the lapse of time. This judgment reinforces the principle that administrative failure by the Registry can override strict procedural deadlines.
Atlas Global Technologies GmbH v.TP-LINK CORPORATION PTE. LTD.
In a case involving TP-LINK and Atlas Global Technologies, the Düsseldorf Local Court issued an order suspending the ongoing infringement and revocation proceedings concerning EP 3 353 901 and EP 3 186 937. The suspension was reached by mutual agreement between all parties involved in the litigation. This procedural step allows both sides to pause the UPC action while awaiting final decisions from the European Patent Office (EPO) or the conclusion of opposition appeals.
Vennootschap v.The Controller General Of Patents And Designs And Anr
The petitioner appealed against an order rejecting its patent application, which was based on a lack of inventive steps. The petitioner argued that the rejection was mechanically passed and violated natural justice because new prior art (D-2) was introduced at the hearing stage without being mentioned in the initial examination report. The Court agreed, finding no reasons in the impugned order.
The Football Association Premier League Limited v.Sportshub.Stream & Ors.
The Football Association Premier League Limited filed a suit against various defendants and websites alleging widespread copyright infringement through unauthorized streaming of its content. The court addressed several procedural applications, granting the plaintiff exemption from pre-litigation mediation and advanced service requirements concerning regulatory authorities like DoT and MEITY. Furthermore, the court registered the plaint as a formal suit, allowing the plaintiff to proceed with seeking permanent injunctions against infringing websites and domains.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
S Chand And Company Ltd v.Kaushal Kumar And Ors
The Delhi High Court addressed several applications in the copyright and trademark infringement suit filed by S Chand And Company Ltd against various booksellers and e-commerce platforms. The court granted the plaintiff exemption from pre-litigation mediation, recognizing the urgency of interim relief. Crucially, the court issued an ad interim injunction directing Defendant No. 5 (Flipkart) to immediately take down listings of counterfeit books infringing on S Chand's registered trademarks and copyrighted works. Furthermore, the court provided procedural directions for serving summons and verifying the addresses of the various defendants.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA), Kinexon Sports & Media GmbH, Kinexon GmbH
This UPC Court of Appeal decision addresses the critical procedural issue of an action becoming 'devoid of purpose' when a claimant withdraws its urgent requests for provisional measures. The case involved Ballinno B.V., patent holder, and UEFA/Kinexon companies regarding offside detection technology. The court clarified that claimants who take the inherent risk of basing their strategy on temporary events must accept the consequence of bearing costs if the interest expires before a final ruling.
University College London v.The Assistant Controller of Patents and Designs
University College London appealed an order rejecting its divisional patent application concerning 'A Delayed Release Drug Formulation.' The core dispute centered on whether the complete specification of the parent application related to more than one invention, which was the basis for rejection. The appellant argued that their claims were distinct and did not constitute double patenting. The Madras High Court set aside the impugned order and remanded the matter back to the Controller for reconsideration.
Amazon.com, Inc. v.Nokia Technologies Oy
This UPC Board of Appeal decision addressed a request by Amazon to impose additional confidentiality restrictions on documents within the ongoing appeal proceedings against Nokia. The core issue was whether new, stricter protection was needed beyond what had already been established by the Local Division in the main infringement case. The Board ultimately denied Amazon's request, finding that the existing court orders were sufficient and that Amazon's requests lacked necessary specificity regarding the information to be protected.
DISH Technologies L.L.C. v.BROCKWELL GROUP LLC
This UPC procedural order in Mannheim addresses an infringement action brought by DISH Technologies and Sling TV against several defendants, including Brockwell Group. The court has not yet ruled on the merits but has meticulously outlined the complex technical and legal issues for the upcoming oral hearing. Key points include interpreting the scope of 'server' and 'bitrate' within the patent claims, clarifying whether infringement is cumulative across various streaming services, and addressing the procedural implications of the patent's impending expiration.
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.
FUJIFILM Corporation v.Kodak GmbH, Kodak Graphic Communications GmbH, and Kodak Holding GmbH
This UPC decision addresses a procedural request for simultaneous interpretation in a complex infringement case involving Fujifilm and Kodak. The Mannheim Local Division ruled that while ensuring fair trial rights necessitates allowing the Claimant to use an interpreter, it firmly rejected the request for the Court to fund these services. The court clarified that since Japanese is not an official language of the division, the financial burden rests solely with the party requesting the interpretation.
Puducherry Body Builders & Fitness Association v.The Government of India
This writ petition was filed by the Puducherry Body Builders & Fitness Association seeking to prevent private associations from conducting bodybuilding competitions using names like 'Mr. India' and 'Open Mr. South India'. The petitioner argued that such usage violated Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. However, the High Court ultimately dismissed the petition, holding that these titles are common terminology specific to bodybuilding competitions and do not constitute an improper use of national emblems or names for trade purposes.
The Football Association Premier League Limited v.Yoghurt Tv & Ors.
The Football Association Premier League Limited filed a suit seeking permanent injunction for the infringement of its copyrighted content by various 'Rogue Apps' like Yoghurt TV. The court initially granted procedural exemptions sought by the plaintiff regarding pre-litigation mediation and advance service upon regulatory bodies (DoT/MEITY). Crucially, the court also passed a significant temporary injunction order, granting a 'Dynamic+' relief to protect its works against ongoing infringement across various platforms.
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 appeal challenged the rejection order, citing exceptional delays in the patent process. The court allowed the appeal, setting aside the impugned order.
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.
Amycel LLC v.PL
In a default judgment case concerning mushroom strains, the UPC confirmed infringement of EP 1 993 350 B2 held by Amycel LLC. The court specifically addressed patentability issues, ruling that the subject matter (a specific mushroom strain) is not excluded from protection under Art. 53(b) EPC. This decision reinforces the enforceability of plant-related patents within the UPC territory and confirms significant remedies, including permanent injunctions and interim damages.
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.
Maxell, Ltd. v.Samsung Electronics Co., Ltd. Et al.
In this procedural order, the UPC Local Division in The Hague addressed a dispute over the number of conditional amendments (Auxiliary Requests or ARs) filed by the claimant Maxell against Samsung. Samsung argued that 44 ARs were excessive and requested an extension to respond. The Court rejected both arguments, finding that the complexity was justified by the extensive invalidity attacks raised by Samsung and that the ARs effectively covered a limited set of core features. This ruling confirms the court's discretion in managing complex cases while maintaining procedural efficiency.
M/s.Purva Metal Sections Pvt. Ltd. v.The Registrar of Trade Marks
The Madras High Court intervened in a matter concerning the delay in processing an opposition petition against a trade mark application. M/s. Purva Metal Sections Pvt. Ltd. sought judicial intervention to expedite the disposal of Opposition No. 1176324 related to Trade Mark Application No. 4853565. The Court, noting the prolonged delay despite complete pleadings, issued a directive mandating the Registrar of Trade Marks to resolve the matter within three months, ensuring both parties receive adequate opportunity to be heard.
Asustek Computer Inc & Anr. v.Nokia Technologies Oy & Anr.
Asustek Computer Inc filed petitions seeking the revocation or removal of Indian Patents Nos. 356246 and 397206 from the Register of Patents. The court noted that these patents are part of Respondent No. 1's H.265/HEVC patent portfolio, and accordingly listed the petitions for further hearing.
R.Dilip Kumar v.The Registrar of Trademarks, M/s. Sun Pharma Laboratories Limited
The Madras High Court allowed a writ petition filed by R.Dilip Kumar against the Registrar of Trademarks, quashing an order that deemed his trademark application 'PIRALEX' abandoned. The court emphasized that the statutory right of the applicant is at stake and ruled that service of opposition via email alone, without proof of receipt, does not satisfy the legal requirement for initiating the response period. Consequently, both the trademark application and the opposition were restored to the file, allowing the petitioner a fresh opportunity to respond on merits.
Lincoln Pharmaceuticals Private Limited v.Registrar of Trade Marks & Anr.
The Gujarat High Court allowed Lincoln Pharmaceuticals' appeal against the rejection of its trademark registration for 'Glypanta'. The court ruled that despite initial objections under Section 11(1) of the Trade Marks Act, 1999, the applicant was entitled to proceed with the advertisement of the mark. This decision underscores the importance of following procedural steps like publication even when substantive objections exist.
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