Delhi High Court | Intellepedia

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.

No more ‘Social’izing for Social chai

The Delhi High Court has restrained Social Chai from using the “SOCIAL” mark, finding trademark infringement and a likelihood of consumer confusion. The dispute highlights the importance of trademark protection in the restaurant industry.

Well-known mark not a pre-requisite for grant of relief against infringement

This post discusses a Delhi High Court decision on trademark infringement involving the mark “PEBBLE” used by V Guard and Crompton. The Court held that a well-known mark is not necessary for relief under Section 29(4) if reputation in India is proven.

SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

This post discusses the Delhi High Court’s approach to awarding actual costs in the Ericsson v Lava standard essential patent litigation. It outlines the legal principles applied and analyses the Court’s reasoning, focusing on party conduct and litigation strategy in determining cost awards.

Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4

This post discusses how the Delhi High Court assessed infringement of standard essential patents in Ericsson v. Lava, evaluating claim charts and the two-step infringement test. The court’s structured approach clarifies key aspects of SEP litigation in India.