Suppressed Fact Must be Material to allow revisitation of interim injunction
In the case of Novartis AG & Anr. v Natco Pharma Limited, the Delhi High Court dismissed an application by the defendant, Natco Pharma Limited (Natco), an Indian pharmaceutical company, seeking vacation of the interim injunction granted to Novartis AG (Novartis) in 2023 in the ongoing patent infringement suit against...
Delhi High Court Backs Microsoft for Clarity & Global Standards in Patent Cases
In Microsoft Technology Licensing LLC v The Assistant Controller of Patents & Designs, The Patent Office, the Delhi High Court highlighted the necessity for procedural fairness and clarity in the patent examination process to align with principles of natural justice and international patent standards....
Concerns over handling of personal data by foreign-owned/funded entities
In a recent Public Interest Litigation (PIL) addressed by the Delhi High Court, Ashwini Kumar Upadhyay v Union of India, a critical spotlight was cast on the practices of foreign-owned companies that collect personal information through travel booking platforms in India.
This judgment underscores the significant...
Bombay HC: Complete Responses must for Patent Examination Reports
In the case of Sonalkumar Sureshrao Salunkhe & Ors. v The Assistant Controller of Patents, the Bombay High Court underscored the importance of diligently addressing all objections in the First Examination Report (FER) sufficiently, to avoid the risk of a patent application being deemed ‘abandoned’.
Sonalkumar...
Asserting Patent Infringement with the help of Doctrine of Equivalence
The overarching issue in SNPC Machines Private Limited & Ors. v. Mr. Vishal Choudhary revolves around the application of the doctrine of equivalents to determine patent infringement, focusing on whether functional similarities between two competing brick-making machines constitute a violation of patent rights, despite differences in their physical...
Delhi HC Grants Injunction to Falcon Autotech on Sortation System
In the case, Falcon Autotech Private Limited v Kengic Intelligent Technology Co. Ltd, the Delhi High Court passed an ex-parte ad-interim injunction to stop Kengic Intelligent Technology Co. Ltd (Kengic) from manufacturing, selling, importing, exporting, and/or offering for sale, advertising, exhibiting, and/or promoting, in any manner, products...
Google penalized by Delhi High Court for misrepresenting disclosures
In a notable judgment in early April, the IP Division of Delhi High Court dismissed Google LLC’s (Google) appeal against the rejection of its patent application by the Assistant Controller of Patents and Designs (Controller), and imposed a fine of Rs 1 lakh (~USD 1,200) on the tech giant for presenting incorrect information and failing to disclose...
Delhi High Court awards Ericsson $29 million in SEP case
K&S’ latest article written by Pramod Kumar, Naveen Suriya, and Partner & Sanjeev Kumar Tiwari which analyses the Delhi High Court’s landmark decision to award Ericsson USD 29 million in damages, the highest SEP-related damages awarded in India, for the Patent Lawyer’s newsletter.
Read...
Madras HC Rescues TVS’s Patent: IPO Overlooked Innovation in Braking
In the case of TVS Motor Company Limited v The Assistant Controller of Patents, TVS Motor Company Limited (TVS) filed a patent application at the Indian Patent Office (IPO) for a user-selectable regenerative braking system designed for electric or hybrid vehicles.
This would enable multiple braking modes based on...
HP High Court: SBB cannot levy access & benefit-sharing fees
In a recent case, Hygienic Research Institute Private Limited v H.P. State Biodiversity Board and others, the High Court of Himachal Pradesh (Court) held that Indian entities covered under Section 7 of the are not required to seek “prior approval” or to pay the Access and Benefit Sharing Fee (ABS) to the State Biodiversity Board (SBB) for...