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IP Lex · Indian IP case law

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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.

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Patents

T-Mobile International AG and Co. KG. v. The Controller General of Patents, Designs and Trademarks and Anr.

Delhi High Court · C.A.(COMM.IPD-PAT) 149/2022

Section 3(m) contains four disjunctive exceptions: a mere scheme, rule, or method of performing a mental act, and a method of playing a game. The word 'mere' qualifies the first three limbs, confining the exclusion to claims that …

Computer Implemented InventionGuidelinesMental ActMethod of Playing Game
Patents

Tapas Chatterjee v. Assistant Controller of Patents and Designs & Anr.

Delhi High Court · LPA 836/2023

A rejection for lack of inventive step under Section 2(1)(ja) must be supported by a structured, reasoned analysis identifying the skilled person, the inventive concept, and the specific differences from the cited prior art and wh…

Inventive StepKnown ProcessObviousnessPatent Prosecution
Patents

Telefonaktiebolaget LM Ericsson (Publ) v. Intex Technologies (India) Ltd.

Delhi High Court · 2023:DHC:2243-DB

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
Patents

Vifor (International) Ltd. & Anr. v. MSN Laboratories Pvt. Ltd. & Anr.

Delhi High Court · FAO(OS)(COMM) 159/2023

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
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