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Patents Act, 1970

11 judgments · newest first · showing 1–11

IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMICversus.

2021 INSC 302Directions issued

The Supreme Court, hearing a suo motu writ petition concerning the management of the COVID‑19 pandemic, examined the Central Government's Liberalised Vaccination Policy, which shifted free vaccination for the 18‑44 age group to State/UT governments and private hospitals and introduced differential …

IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMICversus.

2021 INSC 280Directions issued

The Supreme Court, exercising suo motu jurisdiction under Article 32, examined the humanitarian crisis caused by the COVID-19 pandemic and issued directions to the Union and State governments on the supply of oxygen, essential drugs, and vaccines, as well as on hospital admission policies and …

SHARAT BABU DIGUMARTIversusGOVT. OF NCT OF DELHI

2016 INSC 1131Appeal(s) allowed

The appellant, Sharad Babu Digumarti, was charged under IPC Sections 292 and 294 and IT Act Section 67 for alleged possession of obscene material in electronic form. He was discharged of the IT Act charge but the trial court framed a charge under IPC Section 292, which the High Court upheld. The …

DR. ALOYS WOBBEN & ANR.versusYOGESH MEHRA & ORS.

2014 INSC 416Disposed off

Dr. Aloys Wobben, holder of several wind‑turbine patents, sued Yogesh Mehra and others for patent infringement in the Delhi High Court. The respondents filed revocation petitions before the Intellectual Property Appellate Board under s.64(1) of the Patents Act and also raised counter‑claims in the …

NOVARTIS AGversusUNION OF INDIA & OTHERS

2013 INSC 198Disposed off

Novartis AG sought a product patent in India for the beta‑crystalline form of imatinib mesylate (Gleevec). The patent office rejected the application on grounds of lack of novelty, obviousness and failure to satisfy the enhanced‑efficacy requirement of section 3(d) of the Patents Act, 1970. Novartis …

CIPLA LTD.versusUNION OF INDIA & ORS.

2012 INSC 542Disposed off

Sugen Inc. and Pharmacia & Upjohn were granted Indian Patent No. 209251 for a pharmaceutical invention. Cipla Ltd. filed an opposition under Section 25(2) of the Patents Act, 1970, and the Controller revoked the patent on 24 September 2012 relying on the Opposition Board’s recommendation, but …

GLAXO SMITH KLINE PLC AND ORS.versusCONTROLLER OF PATENTS & DESIGNS AND ORS.

2008 INSC 1028Appeal(s) allowed

Glaxo Smith Kline PLC and others applied for a patent and an Exclusive Marketing Right (EMR) in 1998‑2000. The Controller of Patents rejected the EMR in 2002; the applicants filed writ petitions and a Calcutta High Court Single Judge set aside the rejection and remanded the matter. The Controller …

J. MITRA & CO. PVT. LTD.versusASST. CONTROLLER OF PATENTS & DESIG. & ORS.

2008 INSC 958Disposed off

J. Mitra & Co. Pvt. Ltd. applied for a patent which was opposed by Span Diagnostics Ltd. (respondent No.3). The opposition was initially a pre‑grant opposition under Section 25(1) of the Patents Act, 1970. The Controller rejected the pre‑grant opposition on 23‑Aug‑2006 and the respondent filed …

S.M. DYECHEM LTD.versusCADBURY (INDIA) LTD.

2000 INSC 312Dismissed

S.M. Dyachem Ltd. (plaintiff) claimed that its registered trademark “PIKNIK” for food products was infringed by Cadbury (India) Ltd.’s use of “PICNIC” on chocolates and sought a temporary injunction. The High Court set aside the trial court’s injunction, holding that the marks differed in essential …