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.
34 results
F. Hoffmann-La Roche AG & Anr. v. Natco Pharma Limited
A credible challenge to patent validity under Section 64(1)(f), showing that the claimed compound is an obvious and predictable structural modification of a compound already disclosed in the patentee's own earlier prior art, can d…
EvergreeningGenus-Species PatentInterim InjunctionInventive StepPatentsF. 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 PatentPolymorphPatentsFerid Allani v. Union of India & Ors.
Section 3(k) of the Patents Act, 1970 excludes only computer programmes per se from patentability, and not inventions implemented through a computer programme which demonstrate a technical effect or technical contribution to the s…
Computer Related InventionsPatentable Subject MatterSection 3(k)Software 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 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 LitigationFRANDPatentsIntra-Cellular Therapies, Inc. v. The Controller of Patents
Although the deuterated compound demonstrated approximately 72% higher parent-drug exposure in the blood, the comparative studies showed substantially similar pharmacological activity between the deuterated and non-deuterated comp…
Deuterated CompoundsHeterocycle-fused Gamma-carbolinesParent Drug ExposurePharmacological ActivityPatentsITC Limited v. Controller of Patents, Designs and Trademarks
Section 3(b) of the Patents Act, 1970 excludes an invention only where its primary or intended use or commercial exploitation is shown, on identifiable evidence, to be contrary to public order or morality or seriously prejudicial …
FER PrinciplesNatural JusticePatent ProsecutionPublic Order And MoralityPatentsKoninklijke 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)PatentsKroll Information Assurance, LLC v. The Controller General of Patents, Designs and Trademarks & Ors.
A computer-related invention overcomes the exclusion under Section 3(k) of the Patents Act, 1970 only where it is shown to produce a specific technical effect or advancement in the functioning of the underlying hardware, going bey…
Claim AmendmentComputer Related InventionsSection 3(k)Software PatentPatentsMicrosoft Technology Licensing, LLC v. The Assistant Controller of Patents and Designs
An invention is not excluded under Section 3(k) merely because it is implemented as an algorithm on a computer; the determinative question is whether the claimed subject matter demonstrates a technical effect or technical contribu…
Computer Related InventionsPatent ProsecutionSection 3(k)Software Patent