Case Reviews | Intellepedia

Patented Biologics and Section 104A: No Process Disclosure Without Proving Product Identity

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Roche sued Zydus for infringing its process patent on Pertuzumab. The Delhi High Court held that Roche had not shown Zydus’s biosimilar was identical to its product. Without identity, Section 104A did not apply, and the Court refused to compel Zydus to disclose its manufacturing process.

Dolby v. Lava: INR 20 Crore Deposit Ordered in SEP patent infringement case

Delhi HC directs Lava to deposit ₹20 crore as pro tem security in Dolby’s SEP infringement suit involving AAC audio tech patents.

ORSL vs ERSI: Delhi Court’s Juicy ruling in Johnson & Johnson ORSL Trademark Infringement Case

Delhi HC awards Rs. 1.21 cr to J&J in the ORSL trademark case against ERSI & ElectroORS for deceptive similarity and injunction violations.

Delay in Copyright Lawsuit Costs Plaintiff Urgent Relief and Mediation Exemption

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In the case of Inreco Entertainment Pvt. Ltd. v. Nav Records Pvt. Ltd., the Calcutta High Court held that a copyright suit filed without genuine urgency could not bypass pre-institution mediation under Section 12A of the Commercial Courts Act. The Court revoked the exemption and dismissed the suit.

Who Bears the Patent Credibility Challenge Burden?

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Mold Tek filed a case for infringement of its patents relating to tamper-proof plastic lids, and secured an interim injunction. The Commercial Court vacated the injunction, placing the burden of establishing validity on the patentee. The Delhi High Court reversed this, clarifying that it is the defendant’s burden to raise a credible invalidity defence under Section 107.

PAAKASHALA Brand Wins Trademark Injunction: Karnataka HC Rules Against Descriptive Use Defense

An artistic and colorful image of various fruits, vegetables, and food items flying or exploding outward from the center. The composition includes items like tomatoes, bell peppers, onions, broccoli, pineapple, bread rolls, and leafy greens, all suspended mid-air. There are also stylized humanoid food figures interacting with the scene, creating a lively and surreal food battle effect against a bright background.

In a dispute over the restaurant brand PAAKASHALA, the Karnataka High Court restrained a Mysuru outlet from using a similar name. The Court found that the plaintiff, a registered trademark owner, had made out a prima facie case of infringement.

Delhi High Court Revives Crocs’ Passing Off Suits Against Bata, Liberty Over Shape Trademark

A lineup of various footwear styles including sneakers, loafers, and a distinctive green clog resembling a Crocs shoe with cartoonish crocodile teeth, symbolizing Crocs amid competitor brands.

Delhi HC revives Crocs’ passing off suits, affirming coexistence of design and common law rights. Bata, Liberty among accused in shape trademark dispute.

Delhi High Court Allows Claim Amendment During Appeal in Albemarle Patent Case

The Delhi High Court allowed Albemarle Corporation to amend claims at the appellate stage, and remanded the matter back to the Patent Office for re-examination.

Technical Delay Cannot Lead to Trademark Opposition Abandonment

The Delhi High Court held that procedural lapses, such as failing to file an original affidavit on time, cannot justify abandonment of trademark opposition if there is clear intent to comply. The judgment underscores the primacy of substantive rights over minor technicalities in Indian trademark law.

Pisco Grape Spirit GI Battle: Delhi High Court Rules in Peru vs Chile Case

Two bottles and two glasses of Pisco labeled "Peruvian Pisco" and "Chilean Pisco" are displayed on a table set against a scenic vineyard backdrop at sunset, symbolizing the geographical indication dispute between Peru and Chile.

In a case involving competing claims over the geographical indication (GI) “Pisco” for grape spirit, the Delhi High Court recently upheld Chile’s registration and dismissed Peru’s challenge.