Decathlon Sues Pentathlon for Trademark Infringement

Decathlon, a French-based company, one of the largest sporting goods retailer in the world with 1647 stores in nearly 1000 cities in 57 countries and regions (Jan 2020) including many stores spread across states in India has filed a trademark infringement suit against NCR-based Pentathlon Sports. Decathlon alleges that the Pentathlon infringes the registered trademark of Decathlon, visually and phonetically […]

Delhi HC ruled in favour of “MakeMyTrip”- Temporary ad-interim injunction continues

MAKE MY TRIP (INDIA) PRIVATE LIMITED (hereinafter Plaintiff) sought  permanent injunction restraining  MAKE MY TRAVEL (INDIA) PRIVATE LIMITED (hereinafter Defendant)  from adopting and using  the trade mark/trade name ‘Make My Travel’ (word per se), MMT (letter mark) and the tag line ‘Dreams Unlimited’ and MakeMyTravel Logo. Plaintiff submitted that the infringement and passing off of Plaintiff‟s marks is proved by […]

Burden of Proof in case of Process Patent

Judgement Date: Aug 14, 2019 Shogun Organics Limited (the plaintiff), has filed the present suit seeking a permanent injunction restraining infringement of its Patent IN-236630 (IN‘630) against Defendants (Solex Chemicals Pvt. Ltd, Director of the Solex, Orachem Pvt. Ltd (Trading partner of Solex), Manaksia Ltd, and  Endura SPA. The IN’630 patent relates to a “Process for manufacturing D-trans Allethrin”. Allethrin […]

Patent infringement actions are maintainable only in respect of granted and live patents

On Aug. 20, 2019, High Court of Delhi Passed order that “Patent infringement actions are maintainable only in respect of granted and live patents.” Plaintiff: Novartis AG & ANR.      . Defendant: Natco Pharma Ltd. The suit concerns the Plaintiff’s patent number IN 276026 titled ‘Novel Pyrimidine Compounds and Compositions as Protein Kinase Inhibitors” relating Ceritinib drug for treating non-small cell […]

Erlotinib Judgement Cipla Vs Roche

A division bench (judgement dated 27th Nov 2015) of the Delhi High Court sided with Roche against Indian firm Cipla, upholding the Swiss drug maker’s patent claims on key lung cancer drug erlotinib hydrochloride, branded Tarceva. Cipla’s Erlocip was launched in 2008 it cost around Rs 1,600 per tablet, as compared to Roche’s Tarceva which cost around Rs 4,800 per tablet. […]

Delhi University Photocopy Case Verdict

The Delhi high court on September 16, 2016 dismissed the suits by three international publishers against the sale of photocopied books and pages in Delhi University, a landmark verdict likely to have a wide-reaching impact on copyright laws in India. Claiming that “copyright is not a divine right,” Justice Rajiv Sahai Endlaw observed that photocopying material for educational purposes was […]

Offering Wi-Fi network free of charge to the public is not liable for copyright infringements committed by users of that network

Background: Mr Tobias Mc Fadden Defendant, runs a lighting and sound system shop in which he offers access to a Wi-Fi network to the general public free of charge in order to draw the attention of potential customers to his goods and services. In 2010, a musical work was unlawfully offered for downloading via that internet connection. The Landgericht München […]

Federal Circuit court says it cant review PTAB Reconsideration of IPR Institutions

On October 20, 2016 federal court in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc. addressed the effect of the supreme court decision in Cuozzo Speed, on the issue of whether termination of instituted inter partes review (“IPR”) proceedings based on a failure to meet the statutory filing requirements for a petition would be barred from review by 35 U.S.C. § 314(d) [under Cuozzo […]