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.
10 results
for “Patent Infringement”
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 InfringementPatentsDr. Aloys Wobben & Anr. v. Yogesh Mehra & Ors.
Section 64(1) of the Patents Act, 1970 grants alternative, not cumulative, remedies for seeking revocation of a patent: a petition before the Appellate Board, or a counter-claim in an infringement suit. Once a person interested el…
Counter-claimElection of RemediesPatent LitigationPatent RevocationPatentsE.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 ArtPatentsInterDigital Technology Corporation & Ors. v. Xiaomi Corporation & Ors.
An Indian court may grant an anti-enforcement or anti-anti-suit injunction restraining a party from giving effect to a foreign anti-suit order that seeks to prevent litigation of patent infringement claims properly within the Indi…
Anti-Anti-Suit InjunctionComity Of CourtsCross-Border LitigationFRANDPatentsKoninklijke 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)PatentsMonsanto Technology LLC & Ors. v. Nuziveedu Seeds Ltd. & Ors.
Revocation of a patent on a counter-claim under Section 64 of the Patents Act, 1970 cannot be decided summarily; it presupposes a full trial in accordance with the Code of Civil Procedure, particularly where patent exclusion under…
Biotechnology PatentCounter-claimInterim InjunctionPatent EligibilityPatentsTelefonaktiebolaget 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