IP Cases — 2025
1,915 decisions across all jurisdictions
Page 57 of 64 · 1,915 total
Torrent Pharmaceuticals Ltd v.Indorbit Pharmaceuticals P. Ltd. & Anr.
The Delhi High Court rejected Torrent Pharmaceuticals' oral request to pass a permanent injunction and decree against Indorbit Pharmaceuticals based on passing off and copyright infringement. Although the defendants failed to file written statements, the court found that the plaintiff had not sufficiently established its prior adoption and usage of the new trade dress (SHELCAL-500) since September 2022. The judgment emphasizes that while a party's failure to respond can lead to a default decree, the threshold for such an order is high, especially in complex IP matters like pharmaceutical products, necessitating full evidence and trial.
Hewlett-Packard Development Company, L.P. v.Andreas Rentmeister e.K.
HP Development Company successfully obtained provisional measures against Andreas Rentmeister e.K. in the UPC regarding alleged infringement of its 'Logic circuitry' patent (EP 3 835 965 B1). The court granted a preliminary injunction and imposed significant penalty payments, demonstrating the immediate enforcement power available under the UPC system for interim relief. This case underscores the importance of timely action when seeking protection against counterfeit or infringing components in the fast-moving printer cartridge market.
Incyte Holdings Corporation v.Metrochem Api Private Limited
The Plaintiffs filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds used in JAKAVI tablets. The court passed an order granting various exemptions and appointing Local Commissioners to execute the interim injunction.
Pfizer Inc. v.GlaxoSmithKline Biologicals SA
In a procedural order concerning EP4183412, the UPC Central Division allowed Pfizer (the claimants) and GlaxoSmithKline Biologicals SA (the defendant) to withdraw their respective revocation action and counterclaim. The parties reached an agreement that rendered the patent amendment applications moot. This case highlights how mutual consent can lead to the swift closure of complex litigation in the UPC, even when significant value is at stake.
Tandem Diabetes Care Europe B.V. v.Roche Diabetes Care GmbH
This UPC Court of Appeal decision addressed a procedural matter concerning the reimbursement of court fees following a settlement in a revocation action. Tandem Diabetes, which had appealed a dismissal by the Central Division Paris, successfully applied for a refund of 60% of its appeal costs. The ruling confirms that if an action is settled before the written procedure concludes, the party responsible for the initial costs is entitled to this partial reimbursement under UPC Rules of Procedure.
3Sk Innovations Private Ltd v.Equitas Small Finance Bank Ltd Esfbl
The parties appeared before the Delhi High Court for case management proceedings. The court framed several issues concerning territorial jurisdiction, patent infringement, ownership rights, and the validity/revocation of two specific patents (IN'627 and IN'730). Furthermore, the Confidentiality Club was constituted to manage the exchange of sealed data between the parties.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
In this preliminary objection case, Sun Patent Trust successfully defended its infringement action against Vivo Mobile Communication Co., Ltd. The core dispute centered on whether the UPC had jurisdiction to rule on FRAND terms alongside patent infringement of an SEP. The Court decisively rejected VIVO's argument, establishing that determining FRAND compliance is not a standalone claim but rather a necessary condition precedent for granting relief in an infringement action under Article 32(1)(a) UPCA. This ruling reinforces the integrated nature of SEP litigation within the UPC framework.
Johnson And Johnson Consumer Companies Inc v.The Controller Of Patents
Johnson And Johnson Consumer Companies filed an application seeking to amend and file an auxiliary claim set in their patent appeal. The core legal question was whether such amendments were permissible at the appellate stage and if they complied with Section 59 of the Patents Act, 1970. The Court analyzed precedents regarding amendment powers and found that the proposed changes narrowed the scope of the original claims by adding specific agents. Consequently, the court allowed the amendments and took the auxiliary claims on record.
Honasa Consumer Limited v.Cloud Wellness Private Limited & Anr.
Honasa Consumer Limited sought an interim injunction against Cloud Wellness Private Limited, alleging infringement of its trade dress and passing off. The Delhi High Court dismissed the application, noting that the issues of originality, prior use, and distinctiveness of the 'Subject Trade Dress' are complex factual questions requiring a full trial. Given the prolonged market co-existence between both parties, the court found no compelling case for granting an immediate injunction.
Harpal Singh Gulati v.Registrar Of Trademarks
This Delhi High Court order addresses an appeal filed by Harpal Singh Gulati challenging the rejection of his trademark application for 'Martban -MAA KE HAATH SA'. The core dispute revolves around the appellant's claim of prior use. Crucially, M/s Martbaan, proprietor of similar marks, was impleaded as a respondent to participate in the proceedings. The Court set out a detailed schedule for filing pleadings and listing the matter before the Joint Registrar.
Dura-Line India Pvt Ltd v.Jain Irrigation Systems Ltd.
Dura-Line India Pvt Ltd filed a suit against Jain Irrigation Systems Ltd., alleging infringement of its patent and design related to non-metallic pipes embedded with tracer cables for leak detection. The defendant challenged both the infringement and the validity of the patent itself. After extensive proceedings, the Delhi High Court ruled in favor of Dura-Line, upholding the validity of the Suit Patent and decreeing the suit.
FAST IP, LLC v.Skechers USA Deutschland GmbH; Skechers S.a.r.l; Skechers U.S.A., Inc.; Skechers EDC SPRL; Skechers USA Italia Srl; Skechers USA France SAS (collectively, Skechers)
This procedural decision addressed an application to change the language of proceedings in a UPC infringement case from German to English. The Court sided with the defendants, Skechers, who argued that their global corporate structure and the patent's original grant language favored English. The ruling reinforces the principle that the defendant's position is decisive when assessing fairness under Article 49(5) UPCA, even if the claimant initially chose a different official language.
SSAB Swedish Steel GmbH v.Tiroler Rohre GmbH
This UPC decision addresses a cost assessment application filed by SSAB Europe Oy and SSAB Swedish Steel GmbH against Tiroler Rohre GmbH following the withdrawal of an interim measures request. The court found the claim admissible and granted the recovery of costs for the first instance, totaling 84,033.76 EUR. While the respondent argued that the fees were excessive, the court allowed minor reductions based on specific objections but ultimately upheld the majority of the claimed expenses.
M/S Avriva Solutions & Ors. v.Avriva Skintech Private Limited & Ors.
The Gujarat High Court dismissed petitions filed by defendants against the trial court's orders in a trademark infringement suit. The court upheld the grant of an interim injunction, finding that the defendants were actively infringing the plaintiff's 'AVRIVA' trademark. Furthermore, the court rejected the defendant's attempt to have the plaint rejected on procedural grounds related to directorial authority, confirming the validity of the suit.
Centripetal Limited v.Keysight Technologies, Inc.
In a procedural order, the Local Division in Mannheim rejected Keysight Technologies' request to stay infringement and revocation proceedings related to EP 3 821 580. The defendant sought a stay based on a preliminary EPO opinion suggesting the patent suffered from added matter. However, the UPC court determined that the case was ripe for hearing and that waiting would cause undue delay, preferring to proceed with its own decision-making process.
Vinod Kumar Lakhotiya v.The Registrar Of Trade Marks, (Govt. Of India)
In this writ petition, Vinod Kumar Lakhotiya sought judicial intervention to expedite the pending registration of his trademark 'LAKHOTIA DURGA' in Class 29. The petitioner argued that previous opposition had been resolved through a compromise and there was no longer any impediment to registration. The Rajasthan High Court agreed with the prayer, issuing a mandamus-like direction to the Registrar of Trade Marks to decide the application expeditiously, preferably within eight weeks.
Ona Patents SL v.Google Ireland Limited
In a procedural ruling, the Düsseldorf Local Division of the UPC issued an order clarifying confidentiality obligations in the ongoing infringement and revocation proceedings involving Ona Patents SL and Google Ireland Limited. The court explicitly classified certain contract documents and internal company information as confidential under UPCA rules. This decision reinforces the strict handling requirements for sensitive commercial data within the unified patent litigation framework, ensuring that proprietary information is protected during the legal process.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the rejection of his earlier appeal, which had been rejected on both maintainability grounds (Section 117A) and merits. The petitioner argued that patent errors existed in the interpretation of Sections 10(4) and 3(k), specifically concerning technical effect and best mode. The Madras High Court dismissed the review application, finding no error apparent.
QUANTIFICARE S.A. v.Canfield Scientific, Inc., Canfield Scientific GmbH, Canfield Scientific Europe B.V., Canfield Scientific s.r.l., ESTHETEC SAS
In UPC case UPC_CFI_559/2024, the Local Chamber of Düsseldorf issued a procedural order regarding EP 3 156 843 B1. The court utilized its discretion to streamline the litigation process by deciding early that it would handle both the infringement claim brought by QUANTIFICARE S.A. and the counterclaim for revocation filed by Canfield Scientific and others simultaneously. This decision aims to ensure a unified legal interpretation of the patent claims while maximizing procedural efficiency.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The review petition was filed by Respondent No. 2 challenging the original judgment dated January 15, 2025. The core dispute revolved around whether raising a defense of invalidity in an infringement suit (Section 107) prevents the patentee from filing a separate revocation petition (Section 64).
Avago Technologies International Sales Pte. Limited v.Realtek Semiconductor Corporation
This UPC decision addresses a procedural gap regarding the reimbursement of court fees when an application for interim measures is withdrawn. The Court ruled that despite the strict wording of the Rules of Procedure, the principle allowing fee recovery upon withdrawal could be analogously applied to interim measure applications. This provides clarity and predictability for practitioners dealing with early-stage litigation in the UPC.
M/s Prominal Electric Vehicle Private Limited v.The State of West Bengal
Petitioners, e-rickshaw manufacturers, challenged the non-issuance of registration certificates due to concerns about patent holder's exclusive rights. The Court reviewed previous orders and directed the Registering Authority to proceed with registrations, provided the vehicles are distinct from those subject to a pending title suit.
Jan Aushadhi Sangh v.M/S. Pharmaceuticals And Medical Devices Bureau of India (PMBI)
The Delhi High Court addressed an appeal filed by Jan Aushadhi Sangh challenging a lower court's judgment that granted injunction and damages to PMBI for trademark infringement. While the core dispute over the injunction was maintained, the High Court provided relief regarding the financial aspect of the ruling. The appellant was permitted to stay the execution of the Rs. 10 lakh damage award upon depositing Rs. 5 lakhs with the court, though the injunction against further alleged infringement remains in force.
Meril GmbH v.SWAT Medical AB and Respondent 1 (Helsingborg)
This UPC Court of Appeal decision addresses critical procedural issues, specifically concerning public access to the register and the rules governing representation in court. The court established that an individual holding a high-level management position within a party cannot simultaneously act as their authorized representative before the UPC. Additionally, it firmly ruled against awarding compensation for costs related to requests for public access to pleadings, setting clear boundaries on procedural expenses.
Devdarshan Dhoop Industries & Anr v.Adhyatmik Technologies Pvt Ltd & Ors
The Delhi High Court allowed the Plaintiffs' review petition, significantly modifying a previous order to strengthen their intellectual property protections. The court clarified that the injunction against the Defendants must cover not only traditional goods but also digital services like virtual worshipping and darshan under the 'DEVDARSHAN' trademark. Furthermore, the judgment reinforced the specific performance of the prior Settlement Agreement and mandated the removal of all related listings.
Kei Industries Limited v.M/S Sanayai Hardware & Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Kei Industries Limited against M/S Sanayai Hardware & Ors. The court granted exemptions from pre-institution mediation and advance service, recognizing the urgent need for protection. Crucially, the court allowed the Plaintiff to proceed with seeking an ad-interim injunction and appointed Local Commissioners to inspect the premises, allowing the Plaintiff to gather evidence of alleged trademark infringement related to 'KEI' and 'HOMECAB-FR'.
Lindal Dispenser GmbH v.Rocep-Lusol Holdings Limited
Lindal Dispenser GmbH initiated a revocation action against Rocep-Lusol Holdings Limited concerning the pressure pack dispenser patent (EP 3 655 346 B1). The claimant argued for invalidity based on lack of industrial application and novelty. However, the UPC Central Division rejected the revocation action, maintaining the patent as amended by the defendant's auxiliary requests. This decision underscores the procedural complexities within the UPC, particularly concerning claim amendments and the interpretation of patentability requirements.
Ona Patents SL v.Apple Inc.
In a complex infringement and revocation action involving Ona Patents SL against Apple Inc., the Düsseldorf Local Division issued a critical Procedural Order on May 6, 2025. The ruling focused not on the merits of the patent dispute but on establishing strict confidentiality protocols for sensitive information submitted during the proceedings. This decision highlights the UPC's robust mechanisms for managing trade secrets and proprietary data within high-stakes litigation.
MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v.Zhejiang Nurotron Biotechnology Co., Ltd.
In this UPC case, MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. initiated infringement proceedings against Zhejiang Nurotron Biotechnology Co., Ltd. and Nurotron Global SARL regarding EP 4 074 373. The parties subsequently reached a settlement agreement to resolve the dispute. The Hamburg Local Division confirmed this settlement, allowing it to be treated as a final, enforceable decision while ensuring that the confidential details of the agreement remained protected in the public register.
M/S.Sri Narasu'S Coffee Company Pvt. v.M/S.Shri Lakshmi Agro Agencies & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by M/S.Sri Narasu's Coffee Company Pvt. Ltd. against M/S.Shri Lakshmi Agro Agencies. The petitioner had sought to cancel the trademark registration 'Udhaiyam' in Class 30, citing grounds for invalidity. However, both parties subsequently entered into a Memorandum of Compromise and filed an additional joint memo requesting withdrawal. Consequently, the court accepted the request and dismissed the petition as withdrawn.
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