Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
5 results
· Section 108 · patents-act-1970
Crystal Crop Protection Limited v. Safex Chemicals India Limited & Ors.
Where a complete specification and the patentee's own conduct during prosecution treat a claimed element as necessary to achieve the invention's stated technical effect, that element cannot later be characterised as non-essential …
Claim ConstructionDoctrine Of EquivalentsInterim InjunctionPatent InfringementPatentsE.R. Squibb and Sons, LLC & Ors. v. Zydus Lifesciences Limited
In a quia timet action under Sections 48 and 108, a strong prima facie apprehension of imminent infringement, evidenced by the defendant's own regulatory and manufacturing conduct, can justify an interim injunction; and a biosimil…
BiotechnologyInterim InjunctionPatent InfringementPharmaceutical PatentPatentsFMC Corporation & Ors. v. Natco Pharma Limited
In a quia timet action under Sections 48 and 108 concerning a soon-to-expire patent, where the defendant has raised a substantial, non-frivolous challenge to validity through a pending revocation petition and has already commenced…
Interim InjunctionNoveltyPatent InfringementPrior ArtPatentsKoninklijke Philips N.V. v. Maj. (Retd.) Sukesh Behl & Anr.
A defendant cannot avoid liability for infringing a standard essential patent by pointing to the existence of obligations to license on fair, reasonable and non-discriminatory terms; once essentiality and infringement are establis…
DamagesFRANDPatent InfringementSection 3(k)PatentsTelefonaktiebolaget LM Ericsson (Publ) v. Intex Technologies (India) Ltd.
In disputes over standard essential patents, an implementer who negotiates without genuine intent to license while continuing to exploit the patented standard is an unwilling licensee, and courts may order interim security, includ…
FRANDInterim InjunctionPatent InfringementStandard Essential Patent