Tag: delhi high court

Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

26th December, 2017 - 10:40 am Categories: Intellectual Property News & Updates Trademark

Time for Considering Territoriality Principle over Universality Principle Courts are gradually shifting their focus to territorial nature of Trade Marks. The same was also quite evident in the Exide case, that has been discussed in the previous blog (here). However, no conclusion was drawn in the case due to ‘out of court settlement’. But, the … Continue reading Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

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Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

18th December, 2017 - 11:19 am Categories: India Intellectual Property News & Updates Trademark

The case Exide India v Exide US brings into effect the perplexing issue of Trademark law. The dispute dates back to 1997 when the US based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under the … Continue reading Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

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Establishment of Commercial Courts Division at Delhi High Court

24th November, 2015 - 1:23 pm Categories: India News & Updates

Pursuant to the Promulgation of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 the Hon’ble the Chief Justice vide orders dated 15.11.2015 has declared the constitution of Commercial Division at Delhi High Court with Six Benches, consisting of a Single Judge each, under Section 4(1) of The Commercial Courts, … Continue reading Establishment of Commercial Courts Division at Delhi High Court

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Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)

27th July, 2015 - 7:22 am Categories: India IP Litigation News & Updates patent infringement Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

The High Court of Delhi has passed an interim order wherein the Justices have made it clear that the appellant (Glenmark) may use any other process which may be a development of Glenmark process / Upjohn process so long as it does not infringe the patented processes of the respondent (Symed). Background: Symed Laboratories Ltd. … Continue reading Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)

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Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”

2nd April, 2015 - 10:04 am Categories: India IP Litigation IP Practice in India News & Updates patent infringement Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

Reportedly, Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015. The Delhi high court on dated 20th March 2015 set aside an order of single judge bench of Delhi High Court which … Continue reading Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”

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Recent decision of Delhi High Court in the case of GILEAD PHARMASSET, LLC V. UNION OF INDIA & ANR

23rd February, 2015 - 7:46 am Categories: IP Practice in India News & Updates Patents pharma Section 3(D)

Recently, the Delhi high court on dated 30th January 2015 set aside an order of the Deputy Controller of Patents and Designs. The impugned order rejected a patent to US drug maker Gilead for its hepatitis C drug “Sovaldi” on dated 13th January 2015. Facts of the case: M/S GILEAD PHARMASSET, INC, USA, filed a … Continue reading Recent decision of Delhi High Court in the case of GILEAD PHARMASSET, LLC V. UNION OF INDIA & ANR

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News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”

22nd December, 2014 - 6:27 am Categories: India IP Litigation IP Practice in India News & Updates patent infringement Patents pharma

In a latest update, Novartis has sued Cipla for infringing its patents on “Onbrez” (Indacaterol) after Cipla lunched its generic version for Indacaterol in October claiming “urgent unmet need” for the drug in India. Earlier, as we have reported here, Cipla approached Govt. of India to exercise its statutory powers to revoke the five patents … Continue reading News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”

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Roche v Cipla: Part 2: Infringement

14th November, 2012 - 5:11 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

In continuation of the last piece over here, let’s now discuss the actual issue of infringement of IN ‘774 patent by Cipla crisply. My apologies for a long delay in writing this piece due to long travelling schedule and back-to-back heavy projects thereafter. Nevertheless, it is better to be late than never. Here it goes. … Continue reading Roche v Cipla: Part 2: Infringement

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ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)

18th June, 2011 - 7:02 am Categories: IP Practice in India Patent Litigation

This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and is setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what … Continue reading ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)

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Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

25th May, 2011 - 3:12 am Categories: Trademark Litigation

The present case had been filed by plaintiff (Pine Labs Pvt. Ltd) against defenders (Gemalto Terminals Pvt. Ltd & others) for a decree of declaration, perpetual injunction and rendition of accounts. The suit was listed before High Court of Delhi on 7th October, 2009. Injunction was granted by court restraining the defendants, their assigns, licensees, … Continue reading Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others

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