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.
8 results
· Section 48 · patents-act-1970
Communication Components Antenna Inc. v. Ace Technologies Corp. & Ors.
In assessing infringement at the interim stage, patent claims are to be given a purposive construction covering the substance of the claimed technical solution, and a defendant's unexplained refusal to disclose technical data pecu…
Adverse InferenceClaim ConstructionInterim InjunctionPatent InfringementPatentsCrystal 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 PatentPatentsF. Hoffmann-La Roche Ltd. & Anr. v. Cipla Ltd.
A patent claim for a chemical compound is not to be narrowed to a specific polymorphic or crystalline form merely because the specification discusses particular polymorphs, where the claim itself is drafted broadly to cover the co…
Claim ConstructionPatent InfringementPharmaceutical PatentPolymorphPatentsFMC 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 PatentPatentsVifor (International) Ltd. & Anr. v. MSN Laboratories Pvt. Ltd. & Anr.
A product-by-process claim protects the novel product itself where the product cannot otherwise be defined by its structural features, and obtainable by language in such a claim is descriptive rather than limiting; infringement is…
Claim ConstructionInterim InjunctionNoveltyPharmaceutical Patent