IP Cases — 2025
2,122 decisions across all jurisdictions
Page 6 of 71 · 2,122 total
Esko-Graphics Imaging GmbH v.XSYS Germany GmbH; XSYS Prepress N.V.; XSYS Italia S.r.l.
In a procedural order, the UPC Court of First Instance granted a request by both parties to stay ongoing infringement and revocation proceedings related to EP 3 742 231. This decision allows Esko-Graphics Imaging GmbH and XSYS entities to engage in settlement negotiations without the immediate pressure of litigation. The stay is tied to the timeline of parallel opposition appeal proceedings at the EPO, highlighting how UPC procedures can be managed alongside national/EPO actions.
Dasaprakash Restaurant And Ice Cream Parlour Pvt.Ltd. v.The Deputy Registrar of Trademarks
The Madras High Court dismissed an appeal filed by Dasaprakash Restaurant and Ice Cream Parlour Pvt.Ltd., which sought to record its rights as a subsequent proprietor of the 'Dasaprakash' trademark. The court upheld the Trademark Registry's rejection, ruling that the transfer agreement was void ab initio because it was executed while the original proprietor, Balakrishna Rao, was legally incompetent due to insolvency proceedings. Furthermore, the court emphasized that since the mark was a family mark jointly owned by legal heirs, no single proprietor could unilaterally transfer rights.
M/S Prakash Pipes Limited v.Registrar Of Trademarks & Ors.
The Delhi High Court allowed a Rectification Petition filed by M/S Prakash Pipes Limited against the Registrar of Trademarks. The petition sought the cancellation and removal of the trade mark 'PARKASHPOWER' (Registration No. 4798175) from the register. With no objection from certain respondents, the court directed that the impugned mark be removed, thereby rectifying the trademark registry.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed the refusal of its patent application (No. 201717045317), titled 'Material comprising a stack of thin layers', by the Assistant Controller of Patents and Designs. The refusal was based on lack of inventive step and non-patentability under Section 3(d). The High Court upheld the Controller's decision, finding that the claimed invention lacked technical advancement over prior art.
Honeywell Control Systems Ltd. v.Sovex Systems B.V., Solvest Participatie V B.V., Solvest Participatie VI B.V., Solvest Participatie VII B.V., Solvink B.V., De Kleine Beuk B.V., Hemtech d.o.o.
In this preliminary objection case, Honeywell challenged jurisdictional and competence arguments raised by multiple defendants against its infringement suit concerning EP 2 563 695 B1. The Local Division Mannheim rejected all objections, clarifying key aspects of UPC jurisdiction. The court held that the requirements for local division competence under Art. 33(1)(a) UPCA are met without needing an extra 'connection,' and affirmed that liability can extend to instigators even if they are not domiciled in the EU.
M/S Jagran Prakashan Ltd v.Dainik Jagran News Papers Pvt Ltd & Ors
In this trademark dispute, the Delhi High Court addressed multiple applications seeking to bring new parties into the suit. The court dismissed two separate applications for impleadment, finding that the applicants were neither necessary nor proper parties to defend against the use of the impugned mark by Defendant No. 1. Crucially, the court clarified that these dismissals do not prejudice the underlying claims regarding proprietary rights in the 'Dainik Jagran' trademark, which remain sub judice in other proceedings.
NJOY Netherlands B.V. v.VMR Products LLC
NJOY Netherlands B.V. initiated a revocation action against VMR Products LLC challenging European patent EP 3 626 092, which covers vaporizer devices (electronic cigarettes). The core argument centered on the lack of inventive step regarding features like a translucent cartomizer body. The UPC Central Division ultimately dismissed the revocation action, upholding the validity of the patent. This decision reinforces the high bar for demonstrating non-obviousness in technical fields, particularly when addressing perceived design improvements.
Rajiv Mukul & Anr. v.Goutam Chand
In this ongoing trademark dispute, the court facilitated a potential settlement between the parties. The defendant indicated willingness to resolve the matter amicably while confirming the use of its registered trademark. The plaintiff agreed to review the defendant's new packaging and trademark before taking further action. Both sides were directed to meet within two weeks to discuss resolution, alongside procedural directions regarding proof of service.
Network System Technologies LLC v.Qualcomm Incorporated, Qualcomm Technologies, Inc., Qualcomm Germany GmbH
In this UPC case, Network System Technologies LLC sued Qualcomm entities for patent infringement concerning EP 1 552 399. The Defendants raised a preliminary objection arguing that an opt-out had not been validly withdrawn, thereby limiting the Court's jurisdiction. The Local Division Munich rejected this objection, establishing a clear precedent regarding the formal requirements of opting out and withdrawing from the UPC system. This ruling confirms that proper registration and adherence to procedural rules are sufficient for withdrawal, even without explicit proof of representation authority.
Apex Laboratories Pvt. Ltd. v.Ethichem Biotech
Apex Laboratories Pvt. Ltd filed a suit against Ethichem Biotech and others, alleging infringement of its registered trademarks and copyright related to the product ZINCOVIT. The plaintiff sought permanent injunctions against using deceptively similar marks like ZINCOVITA and for passing off. Despite the initial claims of trademark and copyright violations, the parties ultimately reached an amicable settlement.
Regeneron Pharmaceuticals Inc. v.Amgen Inc.
This UPC decision addressed a complex infringement and revocation dispute concerning the PCSK9 inhibitor evolocumab (Repatha®). While the case involved detailed arguments regarding second medical use claims, the court ultimately dismissed both the infringement action and the counterclaim for revocation. The ruling served to clarify procedural aspects of patent litigation within the UPC, particularly emphasizing that pleading ignorance is not recognized under the Rules of Procedure.
Atomberg Technologies Private Limited v.Eureka Forbes Limited
Atomberg Technologies filed a suit in Bombay against Eureka Forbes regarding groundless threats of patent infringement. Eureka Forbes subsequently filed an infringement suit in Delhi, alleging that Atomberg's 'Atomberg Intellon' water purifier infringed their patented technologies. The Supreme Court addressed the competing transfer petitions to consolidate the proceedings.
Vivo Mobile Communication Iberia SL v.Sun Patent Trust
This UPC Procedural Order addressed a critical timing issue in an infringement action concerning EP3407524, specifically regarding the commencement of deadlines for filing Preliminary Objections and Statements of Defense. The Court confirmed that the final confidentiality regime established the procedural starting point, despite subsequent appeals. Recognizing the parties' voluntary cooperation on information access, the Judge-rapporteur granted a strictly limited extension to ensure fair trial rights while maintaining procedural efficiency.
PAPST LICENSING GmbH & Co. KG v.Beijing Roborock Technology Co., Ltd.
This procedural order in the UPC case involving PAPST LICENSING GmbH & Co. KG against Roborock entities concerns a request for deadline extensions related to patent EP 3 030 943. The court granted the extension, allowing defendants more time to file their responses and opposition due to the complexity of the matter and coordination with foreign parties. This decision highlights the UPC's flexibility in managing procedural timelines while maintaining process economy.
Nitin Maheshwari And Anr v.Patanjali Foods Limited
The Delhi High Court addressed a procedural matter in an ongoing trademark infringement suit filed by Patanjali Foods Limited. The petitioners sought to challenge a previous dismissal order, which was related to their application under Section 151 CPC. Recognizing the core dispute involves trademark rights (infringement and passing off), the court directed that the petition be re-registered as CM(M)-IPD to ensure proper classification within the Intellectual Property Division of the High Court.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
Edwards Lifesciences sued Meril entities for infringing its prosthetic heart valve patent (EP 3 669 828 B2). The UPC Local Division Munich issued a comprehensive decision, granting provisional damages of EUR 663,000 and ordering the defendants to cease infringement. Beyond the merits, the court provided important procedural guidance on suing multiple related entities under UPCA rules and applying EPO's problem-solution approach in litigation.
AIM Sport Development AG v.TGI Sport Suomi Oy, TGI Sport Virtual Limited, Supponor SASU, TGI Sport Italia S.r.l., Supponor España SL (jointly referred to as TGI)
This UPC Court of Appeal decision addresses procedural motions concerning the amendment of claims and the addition of a defendant in an infringement action. The court upheld the Local Division's decision to allow AIM Sport Development AG to amend its claim and add TGI UK as a party, despite objections from the defendants (TGI). The ruling emphasizes the balance between claimant's needs for comprehensive relief and procedural efficiency, confirming that such amendments are permissible if they do not unduly hinder the defense.
R.V.Vinoth Kumar v.M/s.Kallal Hospitalities Private Limited; The Registrar of Trademarks
The Madras High Court intervened in a trademark dispute concerning 'MANJAL RESTAURANT' by directing the Registrar of Trademarks to expedite proceedings. The petitioner, R.V.Vinoth Kumar, sought judicial intervention due to the prolonged delay in disposing of Opposition No.1350081 and Trade Mark Application No.5982440. The Court allowed the writ petition, mandating that the Registrar dispose of both matters within three months from the date of the order.
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.
Aethlon Medical, Inc v.Controller General Of Patents, Designs and Trademarks & Anr.
Aethlon Medical, Inc appealed an order refusing to grant its patent application for a medical device used in extracorporeal removal of microvesicular particles. The initial refusal was based on lack of novelty and non-patentability under Section 3(i) of the Patents Act, 1970. The Delhi High Court examined the matter, accepting the auxiliary claims as permissible amendments within the specification. Ultimately, the court found that the merits had not been fully examined and remanded the case back to the Controller General for fresh consideration, granting the appellant a hearing.
Apollo Pipes Ltd v.Nirmal Polymers
Apollo Pipes Ltd filed a commercial suit seeking permanent injunction against Nirmal Polymers for infringing its well-known trademarks ('APOLLO', 'APL APOLLO'). The plaintiff alleged that the defendant was using deceptively similar marks like 'A ONE APOLLO' in relation to PVC pipes and building material products, causing financial loss and damaging goodwill. The court passed an ex-parte decree in favor of Apollo Pipes Ltd.
Syngene International Limited v.The Assistant Controller of Patents and Designs & The Controller of Patents
Syngene appealed the rejection of its patent application for a method predicting organ toxicity. The Controller rejected the application, citing lack of novelty and inventive step, particularly regarding the requirement of novel hardware for CRIs. The High Court set aside the impugned order, finding that the contribution lies in software and directing reconsideration based on updated guidelines.
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.
Hero Investcorp Pvt Ltd And Anr v.Ashok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
Topsoe A/S v.SYPOX GmbH a.o.
Topsoe A/S sought an order for inspection and evidence preservation against SYPOX GmbH and two other entities in anticipation of a main infringement lawsuit concerning EP 3 802 413 B1, which covers hydrogen production via steam methane reforming. The Düsseldorf Local Division ultimately dismissed the application for provisional measures. This decision highlights the strict procedural requirements under the UPC Agreement for obtaining evidence preservation before commencing full litigation.
Innoviti Payment Solutions Private Limited v.Pine Labs Private Limited
The Original Suit filed under Section 104 of the Patents Act, 1970, was listed for an interlocutory application. The plaintiff subsequently submitted that they were withdrawing the suit, which the court accepted and dismissed it as withdrawn. Additionally, the counter claim filed by the defendant was dismissed due to the prior revocation order.
Tractors And Farm Equipment Limited v.Standard Corporation India Limited
Tractors And Farm Equipment Limited filed a suit against Standard Corporation India Limited alleging infringement of its copyright and passing off. The plaintiff asserted ownership over the copyrighted drawings for its popular MF 245 DI tractor model and alleged that the defendant's Standard 348 tractor was an identical copy, either through direct copying or reverse engineering. The defense challenged the originality of the drawings and raised issues regarding the applicability of copyright law versus design registration.
bellissa HAAS GmbH v.Windhager Handels GmbH (and Johann Windhager, Stefan Windhager)
This UPC decision addresses a complex infringement case involving interlocking metal strips used for garden edging. The court issued significant legal guidance, establishing that merely offering or supplying components designed to assemble easily constitutes direct patent infringement. While the claimant secured an injunction and damages against the main defendant, the overall infringement claim was partially dismissed, highlighting the nuanced application of component supply rules in UPC litigation.
HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P v.LAMA FRANCE
In a significant case involving HPDC and LAMA, the UPC Court of Appeal addressed simultaneous requests to withdraw claims in an ongoing infringement and revocation dispute. Following mutual agreements and the absence of final judgments, the court granted both parties' withdrawals. This decision highlights the procedural flexibility within the UPC framework, allowing cases to be closed amicably before a definitive ruling is reached.
Lmw Limited v.Marzoli Machines Textile S. R. L & Anr.
Lmw Limited filed a petition before the Delhi High Court seeking the revocation of Indian Patent number IN 496349. The court issued notice and directed both parties to file necessary pleadings, setting future dates for listing.
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