Case Reviews Archives

Computer Programs with Technical Effect such as enhancing speed and efficiency are patentable, reiterates the Delhi High Court

In an appeal decision, the Delhi High Court recently overturned the rejection of two patent applications filed by Ab Initio Technology LLC, concerning data processing methods. These applications, Nos. 6500/DELNP/2011 and 6501/DELNP/2011, were refused by the Assistant Controller of Patents and Designs on the grounds of non-patentability under Section 3(k) of the Patents Act, 1970, as they were deemed to be computer programs per se, and for failing to meet the criteria for divisional applications under Section 16(1). Ab Initio Technology…

August 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 397Views 1Like

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Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”

In a recent ruling, the Delhi High Court granted interim relief to Dr. Reddy’s Laboratories by restraining Rebanta Healthcare from using the ‘REBAHEAL’ trademark. The court found that the use of the identical mark by Rebanta could lead to confusion and potential health risks, highlighting the importance of protecting trademark rights in the pharmaceutical industry. Continue Reading Rebanta Healthcare gets hurt in fight over the mark “REBAHEAL”

August 28, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 363Views 3Likes

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Court Orders Former Employee to Pay Rs. 1 Lakh for Early Resignation

In a significant ruling, the Delhi Civil Court ordered a former employee to pay Rs. 1 lakh for breaching a two-year training agreement by resigning early. The court, however, denied the injunction on the misuse of confidential information due to insufficient evidence. Continue Reading Court Orders Former Employee to Pay Rs. 1 Lakh for Early Resignation

August 27, 2024 BananaIP Reporter Case Reviews, General 0Comment 276Views 2Likes

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DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

The Delhi High Court set aside the refusal order for the ‘DISPOWAY’ trademark after confirming that Disposafe Health And Life Care Limited did not receive the hearing notice. The court remanded the matter to the Registrar of Trademarks, directing the issuance of a fresh notice and restoration of the application. Continue Reading DISPOWAY Trademark Disposal Set Aside: Hearing Notice Not Received

August 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 273Views 2Likes

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A doped order on method of doping, court clarifies

The Madras High Court confirmed the Patent Office’s rejection of IIT Madras’s patent for a method of doping potassium into ammonium perchlorate. The Court agreed with the rejection based on Sections 3(d) and 2(1)(ja) of the Patents Act, but noted procedural shortcomings in the handling of the case. Continue Reading A doped order on method of doping, court clarifies

August 20, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 336Views 2Likes

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Jumbo Tramples Haathi Trademark Registration

The Calcutta High Court ruled in favor of Girnar Food & Beverages Pvt. Ltd., overturning the Registrar’s decision and quashing the registration of a deceptively similar ‘HAATHI’ mark by Bicrampore Tea Estate. This ruling underscores the significance of consumer perception and the potential for deception in trademark disputes. Continue Reading Jumbo Tramples Haathi Trademark Registration

August 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 270Views 1Like

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Green Cross Crosses court’s bridge to win appeal

The Madras High Court has revoked the refusal of Green Cross’ patent application for a Hepatitis B immunoglobulin agent, citing errors in the Controller’s analysis. The court has remanded the matter to the patent office for a fresh examination, ordering a review of the claims within four months. Continue Reading Green Cross Crosses court’s bridge to win appeal

August 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 266Views 0Like

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Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

The Gujarat High Court’s decision in the Unisn vs. Unison case provides critical insights into evaluating trademark infringement. The court emphasized a holistic view of trademarks, considering the distinctiveness of goods and services, thereby ruling out the likelihood of confusion. This case reinforces the importance of product differentiation in trademark disputes. Continue Reading Evaluating Trademark Infringement: Holistic View and Goods Differentiation to Determine Likelihood of Confusion

August 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 509Views 0Like

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Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

The Bombay High Court in Atyati vs. Cognizant emphasized the critical need for full and transparent disclosure in ex-parte injunctions, ruling against Atyati for suppressing material facts. This case highlights the importance of integrity in the judicial process, especially in intellectual property disputes. Continue Reading Full and Transparent Disclosure of Material Facts for Ex-parte Injunctions

August 12, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 328Views 0Like

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Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement. Continue Reading Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ