Case Reviews | Intellepedia

Akebia’s patent for Anemia therapy gets fresh blood from Court

Illustration featuring the headline “Court infuses fresh blood into Patent for Anemia Therapy” alongside an image of a blood bag with a red tube.

In a recent case the Madras High Court upheld Akebia Therapeutics’ appeal on its anaemia treatment patent, interpreting Section 59 to allow claim amendments from treatment methods to compositions, as long as they’re disclosed in the original application. The case underscores the significance of well-documented specifications in pharmaceutical patents.

Isha Foundation Secures Interim Relief in Defamation Case, Next Hearing in September

Illustration showing a YouTube play button, legal gavel, and a calendar marked for September 9.

After securing interim relief in a defamation case involving a viral YouTube video, Isha Foundation awaits further proceedings now adjourned to 9th September 2025. No significant development occurred in the May session, and the interim order continues to apply.

Patent Claim Amendments – Court’s observation of amendments to systems, methods and use claims

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The Calcutta High Court remanded a patent application back to the Controller of Patents, citing infrimities in evaluating claim amendments. The Court stressed that mere change in claim types—method to system—without analyzing technical substance cannot justify rejection under Section 59 of the Indian Patents Act.

Can a Pre-Grant Opposition Survive After Patent Grant?

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The Delhi High Court confirmed that once a patent grant order is signed, a pre-grant opposition under Section 25(1) is no longer valid. This case involving Vertex Pharmaceuticals affirms that the signature date is definitive, regardless of later administrative delays.

AbbVie’s Patent Refusal Upheld over Impermissible Shift from Treatment to Product Claims

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The Delhi High Court has dismissed AbbVie’s appeal regarding the refusal of their patent application for an anti-cMet antibody-drug conjugate. The court found the proposed amendments exceeded permissible scope under the Indian Patents Act.

When Dye Becomes Decisive: Patent Infringement, Equivalence, and Estoppel

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In a patent infringement case, the Delhi High Court denied Crystal Crop Protection’s request for an interim injunction against Safex Chemicals. The dispute in the case centred on a herbicidal formulation containing Clodinafop, Metribuzin, and a dyeing agent. The Court held that the dye was an essential claim element and that Safex’s dye-free products did not infringe, even by equivalence. It also invoked prosecution history estoppel, noting that Crystal’s own claim amendments precluded a broad claim interpretation.

Blackberry’s Patent Refusal Set Aside by Delhi High Court

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The Delhi High Court has set aside the Indian Patent Office’s refusal of Blackberry’s communication patent application. Citing a lack of reasoning and violation of natural justice principles, the Court directed a fresh evaluation of the amendments and remaining objections under the Patents Act.

Compulsory Music License for Events: Delhi HC Rules Against PPL’s Licensing Practices

Image shows corporate event in a banquet hall, where people are dressed in business attire, having drinks and enjoying music.

In a case between Al Hamd Tradenation and PPL, the Delhi High Court ruled that Al Hamd is entitled to a compulsory license because PPL refused to grant a license for a small event at a reasonable fee. The Court stated that Section 31(1)(a) applies to all works, including sound recordings. It observed that demanding an unreasonably high fee constitutes a refusal to license. The Court will now decide the appropriate royalty and licensing conditions.

Captain Morgan Prevails Over Captain Blue in Trade Mark Dispute

Two sailing ships at sea with oversized bottles (blue and amber) on their decks; text reads "Who’s the Real Captain?" with a pirate hat graphic.

The Delhi High Court has ruled in favour of Diageo’s “Captain Morgan” trademark, rejecting the registration of “Captain Blue” due to deceptive similarity and absence of bona fide use. The decision reinforces the importance of prior use and consumer recognition in trademark law.

Trademark Opposition Fails Without Territorial Use Evidence

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The Madras High Court dismissed an appeal by Raghuvar (India) Limited against the registration of the ‘JAI HANUMAN’ trademark, underscoring the importance of territorial use evidence in opposition cases. Despite claiming prior use, the appellant failed to show usage in South India, leading to the Court affirming the Registry’s decision.