Delhi High Court | Intellepedia

Cancerous Battle: Novartis and NATCO clash over Eltrombopag

The Delhi High Court Division Bench set aside an injunction against Natco Pharma in the Novartis Eltrombopag patent dispute. The judgment provides key guidance on patent validity challenges and the requirements under Section 3(d) of the Patents Act in pharmaceutical cases.

The Court refuses to remove names of Trademark Officers from the order

The Delhi High Court refused to remove trademark officers’ names from an order regarding delayed opposition filings. The judgment emphasises the need for transparency and adherence to limitation periods in trademark matters.

Sufficiency of Disclosure – Ericsson vs Lava – Part X

The Delhi High Court’s decision in Ericsson vs Lava addresses sufficiency of disclosure under the Patents Act. The Court found Ericsson’s patents to be sufficiently disclosed, rejecting Lava’s revocation claims.

Lights out for “Everyday” Lighters : Injunction in favour of EVEREADY

The Delhi High Court has issued an interim injunction against KSC Industries, restraining them from using the EVERYDAY mark, which was found similar to Eveready’s well-known EVEREADY trademarks. The Court considered visual, structural, and phonetic similarities and recognised the potential for consumer confusion.

Transparency Triumphs : Patent Refusals must elucidate clear grounds

The Delhi High Court has reiterated the need for transparency in patent refusal orders, stating that clear grounds must be provided. The judgment highlights the importance of detailed reasoning and independent assessment of each claim in patent applications.

A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII

The Delhi High Court analysed the validity of eight Ericsson patents under Section 3(k), following Lava’s challenge. Except for the first patent, the Court upheld the remaining patents, finding them to involve technical advancements beyond mere algorithms or mathematical methods.

Premier Injunction for the Premier League : Viacom18 knocks out IPL Pirates with Dynamic+ Injunction

The Delhi High Court granted Viacom18 a dynamic+ injunction to proactively block rogue websites infringing IPL media rights. This order strengthens copyright protection by enabling real-time enforcement against illegal streaming during live events.

Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI

The Delhi High Court in Ericsson vs Lava clarified that revocation of a patent on the ground of misrepresentation requires strong, clear evidence of intentional deceit. In this case, Lava failed to meet the legal threshold, resulting in rejection of its revocation claim.

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

The Delhi High Court has restrained several parties from selling cigarettes using deceptively similar marks to ITC’s Gold Flake brand, citing clear infringement and passing off. This decision underscores the judicial approach to protecting well-known trademarks in India.

Non-use of trademark is not a valid defense against injunction

The Delhi High Court ruled that non-use of a trademark does not automatically bar injunctive relief if deceptive similarity and consumer confusion are present. The Court emphasized that trademark protection persists despite periods of non-use, provided legal criteria for an injunction are satisfied.