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.
106 results
for “Appeal”
Uniply Industries Ltd. v. Unicorn Plywood Pvt. Ltd. & Ors.
Where priority of use rests on disputed evidence such as small sales volumes, and questions of honest concurrent use arise, an interim injunction requires a strong prima facie case; failing that, courts may decline injunctions to …
Interim InjunctionPassing OffPlywoodPrior UsePatentsViacyte Inc v. Deputy Controller of Patents and Designs
A claim that mixes product and process features without defining the structural features of the claimed device, and whose asserted inventive element is only a routinely adjusted process parameter, fails the clarity and sufficiency…
BioreactorClaim DefinitenessMixed-category ClaimsPatent ProsecutionPatentsVifor (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 PatentPatentsVishal Choudhary v. SNPC Machines Private Limited & Ors.
An interim injunction protecting patented machinery will not be lifted in appeal absent a demonstrated error in the trial court's prima facie assessment.
Appeal DismissedBrick-making MachinesInterim InjunctionPatent InfringementTrade MarksWander Ltd. & Anr. v. Antox India P. Ltd.
An appellate court will not interfere with a trial court's discretionary order on an interlocutory injunction unless the discretion was exercised arbitrarily, capriciously or perversely, or contrary to settled principles.
Appellate InterferenceDiscretionInterim InjunctionPassing OffPatentsZydus Lifesciences Limited v. E.R. Squibb and Sons, LLC & Ors.
In interlocutory patent proceedings concerning a life-saving drug, public interest is a pre-eminent consideration. Where infringement or validity turns on complex technical issues that need trial, the patentee should ordinarily be…
BiosimilarInterim InjunctionLife-saving DrugsPatent Infringement