IP Cases — 2026
299 decisions across all jurisdictions
Page 9 of 10 · 299 total
Alfa Laval Corporate Ab v.Clean Earth Energy Solution India Private Limited & Anr.
The Plaintiff filed an application seeking directions for the inspection of heat exchanger plates manufactured by the Defendant and taking on record relevant documents. The Court, relying on Section 115(1) of The Patents Act, appointed a Scientific Advisor to conduct an inspection and provide a detailed report comparing the impugned products with Patent No. 322307.
UPL Limited v.Haryana Pesticides Manufactures Association & Anr.
The petitioner challenged an order rejecting its patent application for 'HERBICIDAL COMBINATIONS' based on pre-grant opposition grounds (lack of novelty/inventive steps). The core grievance was that the respondent authorities failed to provide the appellant with separate opportunities of hearing under Sections 14 and 25(1) of the Patents Act, leading to a violation of natural justice.
Vishal Prafulsingh Solanke v.Controller of Patent and Designs
Vishal Prafulsingh Solanke challenged the refusal of his patent application (No. 879/MUM/2015) by the Assistant Controller of Patent and Designs, which was upheld in a prior appeal. The present Commercial Appeal sought to challenge this order further under Section 13 of the CCA, but the Court found that the statutory provisions did not permit such an appeal.
Huawei Technologies Co. Ltd. v.HMD Global Oy
In a procedural ruling, the UPC Local Division in Mannheim established a comprehensive confidentiality regime for ongoing FRAND negotiations between Huawei and HMD Global. The court recognized that details of confidential license discussions require protection under Rule 262A RoP, extending this shield to future submissions. This order is significant as it provides clear legal certainty regarding the handling of sensitive commercial data within UPC proceedings, balancing the need for transparency with the necessity of protecting proprietary information.
Schneider Electric It Corporation v.Assistant Controller Of Patents And Designs
Schneider Electric It Corporation filed an appeal under Section 117A of the Patents Act, 1970, challenging the Assistant Controller's rejection of its patent application (No. 201617000209). However, the Appellant subsequently sought to withdraw the appeal.
Dr Vinod Bhaskar Rao Njoshi Trading As M/S PUSHKAR PAIN CLINIC AND PHYSIOTHERAPY CENTER SENIOR HOUSE v.Mr Tivender Kumar Kaushik
The Madhya Pradesh High Court addressed an appeal filed by Dr. Vinod Bhaskar Rao Njoshi against the rejection of his interim injunction application. The court recognized the appellant's claim that the respondent, a former employee, was infringing upon his established trademark, 'Pushkar Pain Clinic and Physiotherapy Center.' As an interim measure, the High Court granted a temporary restraint, allowing the respondent to continue operating their clinic but strictly prohibiting the use of the disputed name until further hearing.
Amara Raja Energy And Mobility Limited v.The Registrar of Trade Marks
The appeal challenged the rejection of an application (No. 5547423) by the Registrar of Trade Marks on the ground that it was deemed abandoned due to non-filing of a counter statement against opposition No. 1323716. The appellant argued they were never properly served with the notice of opposition, as proof of actual receipt via email was lacking. The Court held that without proof of actual receipt, the time limit for filing the counter statement does not run, and consequently, the application cannot be deemed abandoned.
F. Hoffmann-La Roche AG v.A. Menarini Diagnostics S.r.l.
In a case involving F. Hoffmann-La Roche AG and A. Menarini Diagnostics S.r.l., the UPC Local Division in Düsseldorf allowed the claimants to withdraw their infringement action concerning EP 1 962 668. This withdrawal was based on an out-of-court settlement reached between the parties, which stipulated that each party would bear its own costs. The court confirmed the termination of proceedings and ordered a partial reimbursement of court fees for Roche.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
Rexcin Pharmaceuticals filed a suit seeking permanent injunction against Rekin Pharma regarding trademark infringement, passing off, and domain name misuse. The core dispute revolved around the similarity between 'REXCIN' (Petitioner) and 'REKIN-SP' (Respondent), particularly concerning pharmaceutical goods in Class 5. The court dismissed the interim injunction application, finding that the Petitioner failed to establish continuous use of REXCIN as a source identifier for Class 5 products.
GlaxoSmithKline Biologicals SA v.Moderna et al
In this procedural order, the UPC CFI addressed applications regarding claim amendments and late-filed evidence in a high-stakes biotech dispute between GSK and Moderna. The court granted GSK's request to amend its claims to cover new vaccine variants like mNEXSPIKE, recognizing the evolving nature of the technology. Simultaneously, the court rejected Moderna’s attempt to exclude crucial supporting arguments and exhibits from the proceedings, affirming the claimant's right to respond fully to the defense.
Mitsui Chemical Agro Inc v.The Controller Of Patents
Mitsui Chemical Agro Inc appealed regarding the possibility of amending its patent claims. The appellant sought permission to limit the claimed compounds to 52, arguing this would not contravene Section 59 of the Patents Act, 1970. The respondent argued against the amendment based on previous judicial precedents.
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Western Digital Technologies Inc. v.Geonix International Private Limited
The appellants (Western Digital and Seagate) manufacture Hard Disk Drives (HDDs) bearing their registered trademarks. The respondents purchase these HDDs after they reach an 'end-of-life' stage, are extracted from equipment abroad, and imported into India. The court dismissed the appeal, finding that neither trademark infringement nor reverse passing off was established.
VALEO SYSTEMES D’ESSUYAGE v.ROBERT BOSCH DOO, ROBERT BOSCH FRANCE S.A.S., ROBERT BOSCH GmbH, ROBERT BOSCH S.A., ROBERT BOSCH PRODUKTIE S.A., BOSCH AUTOMOTIVE PRODUCTS (CHANGSHA) CO., LTD.
This UPC decision addressed preliminary objections regarding the internal jurisdiction of the Paris Local Division in a complex infringement case involving multiple Bosch entities. The Court clarified that for Article 33(1)(b) AJUB to apply, the commercial link must exist among all defendants, not necessarily individually with the anchoring defendant. Crucially, 'same infringement' only requires violation of the same patent, not identical products. While rejecting the request to dismiss the case, the panel granted permission for an appeal, signaling a significant legal development on jurisdictional scope.
Electronics and Telecommunications Research Institute (ETRI) v.Hisense Gorenje Germany GmbH
In a case involving ETRI against Hisense Gorenje Germany GmbH and associated defendants, the UPC Court of First Instance permitted the withdrawal of the infringement action. This decision followed a settlement reached between the parties, leading to the closure of the proceedings. While all parties agreed to bear their own costs, the court specifically ordered the reimbursement of 60% of the initial court fees to ETRI.
REEL International v.Fives ECL
In this UPC revocation action, REEL International challenged EP 1 740 740 held by Fives ECL. Fives ECL attempted to dismiss the case based on lack of standing and res judicata stemming from national German court decisions. The Central Division rejected these preliminary objections, confirming that such defenses do not preclude the UPC's jurisdiction. This decision ensures the substantive merits of the patent revocation claim will be heard.
Fertin Pharma A/S v.Assistant Controller Of Patents And Designs
Fertin Pharma A/S appealed the Assistant Controller's decision to reject its patent application (no. 202017042442). The High Court found that the rejection order was cryptic, lacked clarity of objection, and failed to provide sufficient reasons for rejecting the claims based on prior art documents D1-D3.
Nord Lock Ab & Anr. v.Gala Precision Engineering Private Limited
The court considered an application filed by the counter claimant seeking leave to place additional public documents on record. These documents included various patents and prior arts related to fasteners, washers, and coating methods. The Court allowed the filing of these documents, noting their relevance despite initial procedural delays.
Global Car Group Pte. Limited v.Vienna IT Solutions Private Limited
Petitioners, owners of the trademark 'Cars24' and domain 'Cars24.com', challenged an arbitral award that dismissed their complaint seeking transfer of the disputed domain name 'cars24.in'. The petitioners argued that the respondent was engaging in domain squatting and lacked bona fide use. However, the Delhi District Court dismissed the petition, finding no grounds to interfere with the original arbitral award.
Fives ECL, SAS v.REEL GmbH
In this UPC decision concerning a damages claim related to aluminum production technology, the court ultimately dismissed the claimant's request for compensation. However, the ruling provided significant commentary on the assessment of lost profits under the UPC framework, particularly when dealing with price reductions and the reasonableness of offers. The case highlights the complex interplay between national law (German) and the Unified Patent Court Agreement regarding damages claims.
Rematec GmbH & Co KG v.Europe Forestry B.V.
This UPC appellate decision involved a complex interplay between patent infringement and revocation proceedings. Although the respondent successfully argued for the invalidity of EP 2 548 648, leading to the dismissal of the infringement claim, the court still awarded the claimant a lump-sum damages payment of €20,000. The ruling also provided important procedural guidance on when an appellate court must render a final judgment in both revocation and infringement cases following an appeal.
Maxeon Solar Pte. Ltd. v.Aiko Energy Germany GmbH a. o.
In a procedural decision, the UPC Local Division allowed Maxeon Solar to withdraw its infringement action against Aiko Energy and related parties, while simultaneously allowing the Defendants to withdraw their counterclaims for revocation. Although the case was settled by mutual agreement, the Court firmly rejected all requests for reimbursement of court fees from both sides. This ruling underscores that procedural agreements must align with strict UPC rules regarding timing and necessity, even in cases of amicable settlement.
Neurocrine Biosciences, Inc. v.Spruce Biosciences, Inc.
In this UPC cost decision concerning EP 3 784 233, the Court confirmed that once a patent has been definitively revoked by the EPO's Opposition Division, any parallel revocation action before the UPC becomes redundant. The panel ordered the disposal of the proceedings and ruled on costs, awarding Neurocrine substantial compensation for its legal efforts. This case underscores the importance of monitoring opposition proceedings when pursuing invalidity claims in the UPC.
Merchint Foods and Hospitality Pvt. Ltd. v.Samtani Brothers Pvt. Ltd. & Ors.
The petitioner filed a Leave Petition seeking permission under Clause XII of the Letters Patent Act to institute a suit against the respondent. The petitioner argued that despite the respondents residing outside the court's jurisdiction, the transactions and effects of trademark infringement and passing off were felt within Mumbai. The Court granted leave for the proposed suit.
Novartis Ag & Anr v.Controller General Of Patents, Designs, Trademarks And Geographical Indications & Ors.
Petitioners filed a writ petition seeking directions to expedite the consideration of their Indian Patent Application No. 1014/DELNP/2011, which had been pending for over 15 years despite multiple pre-grant oppositions being filed. The Court noted the unacceptable delay and directed the Respondents to decide the application and all related oppositions as expeditiously as possible within four months.
NJOY Netherlands B.V. v.VMR Products LLC
In this UPC Court of Appeal decision, the court permitted the withdrawal of an appeal filed by VMR Products LLC against a partial revocation ruling. The key factor enabling the withdrawal was the consent of NJOY Netherlands B.V., which negated any claim that NJOY had a legitimate interest in the ongoing litigation. While the appeal was withdrawn, the Court upheld the general principle that the unsuccessful party (the appellant) must bear the costs of the appeal proceedings.
Sun Patent Trust v.Vivo Mobile Communication Co., Ltd.
This UPC Court of Appeal decision addresses the complex issue of confidentiality in patent litigation, specifically within a FRAND licensing context. The court provided extensive guidance on balancing the protection of sensitive information with the fundamental rights to an effective remedy and fair trial for the parties. Key takeaways include allowing access for party employees and mitigating risks through measures like barring involvement in negotiations.
Canon Kabushiki Kaisha v.Katun Germany GmbH, Katun (E.D.C.) B.V., Katun Corporation, General Plastic Industrial Co., Ltd.
In this UPC decision, the Court addressed both an infringement action and a counterclaim for revocation concerning EP 3 686 683 B1, which covers developer replenishing systems. While the core claims were dismissed, the ruling provided significant guidance on procedural fairness. The court held that defendants who use their websites to mislead the public about patent status may be compelled by Article 80 UPCA to publish the operative parts of the judgment themselves.
People Interactive India Private Limited v.Ammanamanchi Lalitha Rani And 3 Ors.
The Plaintiff, owner of the well-known matrimonial platform 'Shaadi.com', filed a suit alleging infringement of its registered trademarks and passing off against the Defendants who used the similar mark and domain name 'getshaadi.com'. The court found in favor of the Plaintiff, decreeing the suit and awarding substantial costs due to the Defendants' non-participation.
M/S Shri Bajrang Power And Ispat Limited v.Mr. Mukesh Goyal and others
The Chhattisgarh High Court admitted an appeal challenging a lower court's rejection of an interim injunction application concerning trademark infringement and passing off. The appellant, M/S Shri Bajrang Power And Ispat Limited (owner of GOEL), argued that the respondents were deceptively using 'GOYAL GLOBAL' in the steel goods market to capitalize on its goodwill. While directing the Commercial Court to decide the main suit expeditiously, the High Court maintained an interim restraint order preventing the named respondents from using the disputed marks until the final judgment.
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