Case Reviews Archives

Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.

The Delhi High Court in Kudos Pharma v. Natco Pharma addressed a patent infringement lawsuit concerning the anti-cancer drug Olaparib. To counter a patent infringement claim, the defendant needs to raise a plausible challenge to the patent’s validity. Patent coverage (what the patent protects) is distinct from the specific details disclosed in the patent document. This case involved a species patent (Olaparib) claimed within the scope of a broader genus patent. Continue Reading Kudos Pharma v. Natco Pharma: A case…

March 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 979Views 0Like

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The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

This blog post summarizes four recent trademark cases from various High Courts across India, and provides important takeaways relating to trademarks. In one of the cases, the Karnataka High Court pointed out that a trademark infringement suit can be stayed if a rectification is pending against the same trademark, although it was filed by another party. In another suit, the Delhi High Court, allowed the Defendant in the suit to conduct business under a modified name during the pendency of…

March 14, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 717Views 0Like

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Patent refusals: The need for clarity and details beyond mere objections.

The Delhi High Court recently highlighted the importance of clear and detailed reasoning in patent office rejections. In this case of Calm Water Therapeutics LLC’s patent application, the court found the initial rejection order by the patent office to be flawed as the revised claim was not considered and no detailed explanation was provided in the rejection. The court emphasized the need for the Patent Office to provide clear explanations and conduct thorough examinations before rejecting applications. Continue Reading Patent…

March 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 412Views 0Like

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Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court recently ruled in favour of Sterling Agro Industries, protecting their “NOVA” trademark for dairy products from a deceptively similar mark “NOVYA” used by ASR Trading Company. The Court noted the similarity in marks and packaging, the abandoned trademark application by ASR, and their its to prove otherwise, leading to a permanent injunction and penalty against the defendant. Continue Reading Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

March 11, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 463Views 0Like

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Delhi High Court issues injunction against Software Piracy

Software giant Bentley Systems successfully obtained an injunction from the Delhi High Court against a company for copyright infringement of its software programs. This case highlights the legal recourse available to software companies in India to protect their intellectual property. Continue Reading Delhi High Court issues injunction against Software Piracy

March 9, 2024 BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Open Source Licensing, Software 0Comment 717Views 0Like

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Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

The Delhi High Court recently ruled that the Indian Patent Office (IPO) must clearly and unambiguously articulate objections to patent applications. This case involved Microsoft’s patent application for “Discovery of Secure Network Enclaves,” which was rejected by the IPO for lacking inventive step and violating disclosure requirements. The Court found the IPO’s objections to be ambiguous and procedurally irregular, thereby stressing on fair hearings and proper communication during the patent examination process. Continue Reading Objections regarding insufficiency of disclosure in…

March 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 342Views 0Like

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Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

Delhi and Madras High Courts overturned patent refusals for ‘Theta Defensins’ and due to a 6-year delay, setting precedents on amendments and timely decisions. Continue Reading Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

March 7, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 340Views 0Like

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PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

The Madras High Court has overturned a Patent Office decision that rejected Microsoft’s patent application for “Message Communication of Sensor and other Data.” The Court clarified that the “person skilled in the art” (PSITA) used to assess the inventive step is not omniscient and cannot be presumed to possess the inventive solution claimed in the patent. Continue Reading PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

March 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 501Views 0Like

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Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Kalyan Jewellers successfully defended its trademarks ‘Kalyan’ and ‘Kalyan Jewellers’ against cybersquatting through a recent Madras High Court ruling. The Court ordered the transfer of the infringing domain name “kalyanjewellers.com” to Kalyan Jewellers after the WIPO arbitration panel couldn’t decide on the case due to the requirement of proving bad faith. Continue Reading Injunction against use of Kalyan and Kalyan Jewellers Trademarks

March 5, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 636Views 0Like

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Court orders Meesho to display Seller Information and comply with Ecommerce Rules

The Delhi High Court recently ordered Meesho, a popular e-commerce platform, to display full seller information and comply with E-Commerce rules. This decision comes after a copyright infringement case filed by a clothing brand, Abhi Traders, against Meesho and several unknown sellers who were using Abhi Traders’ copyrighted designs and images without permission. The Court highlighted the importance of e-commerce platforms taking responsibility to prevent copyright infringement and ensuring transparency by displaying seller information. Continue Reading Court orders Meesho to…

March 5, 2024 BananaIP Reporter Case Reviews, Copyrights, e-Commerce Law, Intellectual Property 0Comment 1111Views 0Like

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Celebrating 20 Years of IP Excellence

Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.

The changing dynamics of Infringement, Stay of Suit and damages in Trademark Cases

Patent refusals: The need for clarity and details beyond mere objections.

Use of mark “NOVYA” for selling ‘Ghee’ amounts to passing off and infringement of the mark “NOVA”

Delhi High Court issues injunction against Software Piracy

Objections regarding insufficiency of disclosure in patent applications must be clear and unambiguous

Courts Weigh on Inordinate Delay in Patent Orders and Scope of Claim Amendments

PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.

Injunction against use of Kalyan and Kalyan Jewellers Trademarks

Court orders Meesho to display Seller Information and comply with Ecommerce Rules

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