Delhi High Court | Intellepedia

Delhi High Court Remands Trademark Applications for Re-Examination

A warning sign with a yellow background and black border displaying the text "WARNING: PROCEDURE LAPSES AHEAD" under a triangular caution symbol, indicating potential procedural errors or issues.

In the case of M/s Kamdhenu Limited v. Union of India & Ors., the Delhi High Court exercised suo moto jurisdiction under Article 226 to address procedural lapses by the Trade Marks Registry in accepting trademark applications. The Court found omissions in the Search Reports and noted the lack of application of mind by the Registry, prompting remand of the applications for fresh examination.

Squibb Secures Interim Injunction Against Zydus in Nivolumab Patent Dispute

Laboratory pipette with DNA and molecular structures representing biotech research

The Delhi High Court has issued an interim injunction restraining Zydus from launching its Nivolumab biosimilar, siding with Squibb’s claim of imminent patent infringement.

Refusal without Effective Hearing? Not Valid: Delhi High Court on technical glitches in trademark hearings

In the case of Impresario Entertainment & Hospitality Pvt. Ltd. v. Registrar of Trademarks, the Delhi High Court set aside a refusal of a Class 16 application. In simple terms, the Court said that an order passed without an effective hearing, and without dealing with the documents on file, cannot stand.

Trademark Application Alone Not Enough for Infringement Suit

Comic-style image illustrating a courtroom scenario. On the left panel, a judge asks a person, "Have you used the trademark?" The person responds, "No, but I intend to!" In the right panel, the word "DENIED" appears boldly in red letters on a bright yellow background.

In Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Delhi High Court held that filing a trademark application does not amount to trademark infringement. The Court dismissed the suit in limine, reiterating that infringement under the Trade Marks Act arises only from use in trade – not from proposed registration.

No Injunction After Patent Expiry, Holds Delhi High Court

An elderly woman in traditional clothing operates a spinning wheel in a dimly lit room. The word "EXPIRED" is prominently overlaid across the image in bold white letters.

In the case of Kabushiki Kaisha Toyota Jidoshokki v. LMW Limited, the Delhi High Court refused to grant an interim injunction after the expiry of the patent in suit. The Court held that patent rights lapse with expiry and cannot be enforced thereafter.

Delhi HC Remands Oxidation Process Patent Rejection, Cites Invalid Section 2(1)(j) and 59 Findings

Green chalkboard with various hand-drawn organic chemistry structures and chemical equations, including benzene rings, hydroxyl groups, and molecular formulas like N₂ + 3H₂ → 2NH₃, representing chemical reactions and compounds.

In the case of Treibacher Industrie AG v. Assistant Controller of Patents, the Delhi High Court set aside the refusal of a patent application for a catalytic oxidation process. It held that the amended claims qualified as a process invention and were within the permissible scope of amendment under Section 59.

Sweet victory and Sweeter rewards – court declares NUTELLA well-known Trademark

Delhi HC grants Ferrero ₹30 lakh in damages, declaring ‘NUTELLA’ a well-known trademark in a major counterfeit case against M.B. Enterprises.

Court Awards ₹50 Lakh to GSP Crop Science in Patent Infringement Case Over Agrochemical Formula

Wooden letter tiles arranged to spell "SELLER LIABILITY," highlighting the concept of seller liability in Patent infringement cases

Delhi HC orders ₹50 lakh in damages to GSP Crop Science for patent infringement in agrochemicals, affirming seller liability under Indian patent law.

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

An image with the title "Biosimilars & Section 104A" written in a mixed-font, ransom-note style on a blue background. To the right, various colorful pills and tablets are spilling out of an orange prescription pill bottle.

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.