Patent cases Archives

Madras High Court criticizes inconsistent patent examination in Industeel France case, emphasizing fair and thorough evaluation for inventors.

Patent examination should not kill the scientific temper of an inventor

The Madras High Court criticized inconsistent patent examination practices in Industeel France’s case, emphasizing the need for a fair and thorough evaluation process. The court ordered a de novo examination by a different Controller and stressed the importance of maintaining scientific temper. Continue Reading Patent examination should not kill the scientific temper of an inventor

June 6, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 530Views 0Like

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High Court remands Patent Office’s Legally Infirm and Unreasoned Order

In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The Petitioner in this case, Best…

July 11, 2022 BananaIP Reporter Case Study, Intellectual Property, Patents 0Comment 1957Views 0Like

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Latest Patent Cases in 2021 – Part 2

Merck Sharp And Dohme Corp & ANR vs YMS Laboratories Private Limited In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the plaintiff made out a prima facie case. The plaintiff in the case submitted evidence to show that…

July 11, 2021 BananaIP Reporter Intellectual Property, Patents 0Comment 4063Views 2Likes

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Latest Patent Cases in 2021 – Part 1

H. Lundbeck A/S & Anr. vs Symed Labs Limited In this case, the patent holder (plaintiff) and the defendant settled a patent suit even before notice was served, and filed an application asking the Court to decree the suit as per the terms of the settlement agreement, which the Court did. The Court also refunded the Court fee payed by the plaintiff in the case. This settlement agreement between the parties is interesting because it dealt with use of the…

June 14, 2021 BananaIP Reporter Intellectual Property, Patents 0Comment 3296Views 0Like

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Indian Patent Cases and Judgments of 2020

Dhaval Diyora vs. Union Of India And Ors Decided on 5 November, 2020 by Bombay High Court WRIT PETITION (L) NO.3718 OF 2020 In this case, the Bombay High Court dealt with the question of whether a pre-grant representation can be filed while the decision of the Controller of Patents to reject a patent application is on appeal before the IPAB. The Court held that pre-grant representation cannot be filed while the decision of the Controller is on appeal because the time…

November 16, 2020 BananaIP Reporter Intellectual Property, Patents 0Comment 10958Views 1Like

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Summary of Indian Patent Cases of 2019

2019 has been an important year for IP in India. In this series of posts, we have attempted to provide short summaries of IP cases decided in India. This post focuses on patent cases decided by Indian Courts in 2019. Both interim orders and final judgments are included in the post. Supreme Court Case Monsanto Technology LLC and Ors. Vs. Nuziveedu Seeds Ltd. and Ors., MANU/SC/0027/2019. Decided On: 08.01.2019 Court: Supreme Court of India The patented invention in the case related to a…

February 24, 2020 BananaIP Reporter Intellectual Property, Patents 0Comment 5796Views 1Like

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The image depicts the cover of the presentation with title of Patent Infringement Presentation by Dr. Kalyan C Kankanala

Laxmi Dutt Roop Chand Vs. Nankau

First Publication Date: 18th December 2009 In this case, the Appellant, Laxmi Dutt Roop Chand, was the patent holder of a patent relating to the process of manufacture of hollow wares, such as 'lotas', 'batwas', 'degchis', 'batlois' and so on. The Appellant filed a patent infringement suit against the Respondents, Nankau and others, claiming that their process of manufacturing hollow wares violates the patents held by the Appellant and prayed for a permanent injunction restraining the Respondents from…