🔴 Lead Story
Can a Patent Be Revoked After It Has Already Expired? The Supreme Court Will Decide
Boehringer Ingelheim Pharma GmbH v. Macleods Pharmaceuticals · Supreme Court of India
The Supreme Court issued notice on Boehringer Ingelheim’s challenge to a Delhi High Court ruling that a patent revocation petition under Section 64 of the Patents Act can continue even after the patent has expired and even where an invalidity defence has already been raised in a parallel infringement suit.
The Delhi High Court had drawn a precise and consequential distinction. Revocation proceedings under Section 64 operate in rem, they result in removal of the patent from the register, erasing it as against the world. An invalidity defence under Section 107, by contrast, operates only inter partes, it defeats the claim in that specific suit but leaves the patent on the register, capable of being enforced against others.
That distinction explains why a patentee would want revocation proceedings to end at expiry. A patent removed from the register cannot form the basis of any future claim. A patent that has merely expired but remains on the register may still carry consequences for ongoing royalty obligations, for pending suits, for licensing positions.
Boehringer’s challenge concerns its Linagliptin diabetes drug patent. The matter is listed for final disposal on 25 May 2026. The outcome will clarify whether patent revocation is a remedy that survives the life of the patent itself, a question with direct implications for pharmaceutical litigation strategy, generic entry timing and the value of pending revocation proceedings across sectors.
📡 Radar India
Xiaomi Directed to Furnish ₹272 Crore Security in SEP Suit
Malikie Innovations v. Xiaomi Corporation · Delhi High Court
The Delhi High Court directed Xiaomi to deposit ₹272 crore or furnish an unconditional bank guarantee for the same amount as pro tem security in a standard essential patent infringement suit filed by Malikie Innovations concerning patents covering 3G, 4G and 5G cellular technologies. The court held that Malikie had established a prima facie case on validity, essentiality and infringement of the suit patents, including Indian Patent Nos. IN 283303, IN 317530 and IN 335982. The court took note of Xiaomi’s parallel proceedings before a Chinese court while balancing equities at the interim stage and clarified that failure to comply could expose Xiaomi to an interim injunction application.
Mold-Tek Packaging Patent Injunction Continued
Mold-Tek Packaging v. Pronton Plast Pack · Delhi High Court
The Delhi High Court granted and continued an interim injunction restraining Pronton Plast Pack from manufacturing or selling plastic containers and lids found to prima facie infringe Mold-Tek’s patents covering a tamper-evident leak-proof pail closure system and a tamper-proof lid with spout. The court held that the impugned products fell within the scope of the asserted patent claims relating to locking mechanisms, tamper-evident tear bands and leak-proof spout sealing systems. The court also rejected the Gillette defence, finding that the prior art relied upon did not disclose all features of the suit patents.
BlackBerry Patent Rejection Upheld on Section 3(k) and Lack of Inventive Step
BlackBerry Limited v. Controller of Patents and Designs · Delhi High Court
The Delhi High Court upheld the Controller’s rejection of BlackBerry’s patent application for a feature that colour-coded message recipients before sending. The court held the invention unpatentable under Section 3(k) of the Patents Act as a computer program per se and found it also lacked inventive step. The claimed contribution was held to lie only in an algorithm without any technical advancement in hardware functionality. The court further observed that recipient-selection errors are user-dependent and do not constitute a universal technical problem capable of patent protection.
Reliance Settlement Recorded Against Jioo Organics
Reliance Industries v. Pawan Kumar Gupta · Delhi High Court
The Delhi High Court recorded a settlement between Reliance Industries and a trader operating under the name Jioo Organics in a trademark infringement and passing off suit concerning RELIANCE and JIO formative marks. Under the settlement, the defendant agreed to stop using the Jioo Organics name, transfer the domain jiooorganics.com to Reliance, destroy infringing goods and promotional material, and acknowledge Reliance’s exclusive rights in its trademarks and artistic works. Reliance waived its claims for damages and costs.
Supreme Court Dismisses Challenge to GERMINATOR Trademark Injunction
Anannya Agro Products v. Dr. Bawaskar Technology (Agro) · Supreme Court of India
The Supreme Court dismissed a Special Leave Petition challenging the Bombay High Court’s interim injunction in the GERMINATOR trademark and trade dress dispute, finding no error of law in the impugned order. The court clarified that the trial in the underlying suit shall proceed expeditiously and independently, without being influenced by any observations made by the High Court.
PPL Restrained From Coercing Restaurant to Obtain Music Licence
Dark Horse Hospitality and Events v. Union of India · Telangana High Court
The Telangana High Court restrained Phonographic Performance Limited from coercing Hyderabad-based Babylon Bar and Kitchen to obtain a music licence pending the next date of hearing on 19 June 2026. The court recorded the petitioner’s submission that PPL had compelled it to obtain licences through allegedly illegal means, caused registration of a criminal case and relied on police communications to pressure compliance. Notice was issued to PPL and the Union of India.
ALPHARD Trademark Registrations Ordered Removed in Favour of Toyota
Toyota Jidosha Kabushiki Kaisha v. Tech Square Engineering · Delhi High Court
The Delhi High Court allowed Toyota’s appeal and ordered removal of Tech Square Engineering’s ALPHARD trademark registrations from the Trade Marks Register. The court held that Toyota had established prior adoption, spill-over reputation and goodwill in India and that the registrations violated Section 11 of the Trade Marks Act and were wrongly remaining on the register under Section 57. The court found that ALPHARD qualified as a well-known trademark at the time of the defendant’s applications and that the adoption lacked bona fides.
XX-Rib TMT Bar Design Cancellation Challenge Revived
ARS Steels and Alloy International v. Souvik Steels · Calcutta High Court
The Calcutta High Court set aside an order rejecting ARS Steels’ application seeking cancellation of Souvik Steels’ registered XX-Rib TMT bar design. The court held that the Deputy Controller’s finding that there was no scope of enquiry into similar products already existing in the market was perverse. Documentary evidence relating to prior publication and market availability had not been properly considered. The matter was remanded to a different officer for fresh adjudication within three months.
Vodafone Idea Requires IPRS Licence for Caller Tunes
Vodafone Idea v. Indian Performing Right Society · Calcutta High Court
The Calcutta High Court held that Vodafone Idea cannot use songs as caller tunes and ringtones solely on the basis of licences obtained from sound recording companies and must separately obtain permission from the Indian Performing Right Society for use of the underlying musical and literary works. The court observed that licences from owners of sound recordings do not by themselves authorise exploitation of the underlying lyrics and musical compositions, recognising the separate and distinct rights vested in authors and composers.
Ahmed Perfumes Arabic Logo Protected as Artistic Work, Passing Off Relief Refused
Ahmed Perfumes LLC v. Mohammed Faisal Rehman Sultan Ahmed Shamsi · Bombay High Court
The Bombay High Court granted interim copyright protection to Ahmed Perfumes over its Arabic calligraphic logo, restraining the defendants from using the impugned logo and holding it to be a protected artistic work that had been slavishly reproduced. The court declined to grant interim passing off relief, finding insufficient evidence of transborder reputation and commercial goodwill in India to sustain the claim.
Dhurandhar Character Dispute Settled, Third Party Takedowns Ordered
Reliance Industries v. MasterChow Foods · Bombay High Court
The Bombay High Court recorded a settlement between Jio Studios and MasterChow Foods in a dispute concerning the use of the Dhurandhar character Jameel Jamali and behind-the-scenes footage in an advertisement. MasterChow acknowledged Jio Studios’ and B62 Studios’ intellectual property rights in the film and agreed not to use related material without prior permission. The court directed unidentified third parties to remove and disable access to the advertisement and behind-the-scenes clips circulating online.
Plagiarism Challenge Against Dhurandhar-2 Dismissed
Santosh Kumar R.S. v. Aditya Dhar · Karnataka High Court
The Karnataka High Court dismissed a writ petition alleging that Dhurandhar-2 plagiarised the petitioner’s script D-Saheb, holding that copyright infringement disputes involving questions of access, originality and substantial copying must be adjudicated in civil proceedings under the Copyright Act. The court held that the CBFC’s certification powers under the Cinematograph Act do not extend to deciding private copyright disputes and observed that film certification is a safety and morality filter, not a plagiarism adjudication mechanism. Liberty was granted to approach a civil court.
Infringement Suit Against David Davidar’s Novel Dismissed
Sivasundari Bose v. David Davidar · Delhi High Court
The Delhi High Court dismissed a copyright infringement claim against David Davidar’s novel The House of the Blue Mangoes, holding that the alleged similarities with the plaintiff’s manuscript Golden Stag arose from shared historical setting, cultural references and common elements of multi-generational family sagas, none of which are protectable under copyright law. The court found no evidence that Davidar had access to the plaintiff’s manuscript and restated the foundational principle that copyright protects expression, not ideas or historical facts.
Unauthorised Broadcast of Pati Patni Aur Woh Do Restrained
Super Cassettes Industries v. BSNL · Madras High Court
The Madras High Court granted ad interim injunction restraining internet service providers and cable TV operators from facilitating unauthorised broadcast of the film Pati Patni Aur Woh Do ahead of its 15 May 2026 release. The court found that irreversible injury would result from unlawful broadcast and granted interim protection to the producer, while directing indemnification of respondents whose legitimate business interests may be affected by enforcement of the injunction.
Zee Sues Nykaa Over Unlicensed Use of Songs in Instagram Reels
Zee Entertainment Enterprises v. FSN E-Commerce Ventures (Nykaa) · Delhi High Court
Zee Entertainment filed suit against Nykaa alleging unauthorised commercial use of Zee-owned songs in Instagram reels promoting Nykaa products. Zee contended that while its agreement with Meta permits non-commercial use of music on Instagram, Nykaa’s use was commercial and required separate licensing. The suit seeks ₹2 crore in damages and identifies 12 allegedly infringing reels, which Nykaa informed the court have since been taken down.
Delhi High Court Moves to Protect Shashi Tharoor Against AI Deepfakes
Shashi Tharoor v. John Doe · Delhi High Court
The Delhi High Court indicated it would pass interim orders protecting Shashi Tharoor’s personality rights in a suit seeking removal of AI-generated deepfake videos allegedly depicting him praising Pakistan and making politically sensitive statements. The plea alleges misuse of Tharoor’s name, likeness and voice through AI-generated and manipulated content circulating online. The court issued summons to social media platforms and the Union Government while considering interim relief against further dissemination of the impugned material.
Disparagement of AI Smartphones Restrained on YouTube
NxtQuantum Shift Technologies India v. John Doe · Delhi High Court
The Delhi High Court granted ex parte ad interim injunction restraining TechWiser, TechBar and unknown parties from publishing or circulating content allegedly disparaging AI Smartphones and its founder Madhav Sheth. The court held that the impugned videos appeared capable of discouraging consumers from purchasing the plaintiffs’ products and noted the absence of credible technical evaluation or verified data supporting the statements made. The court observed that untested and unverified analysis constitutes prima facie disparagement capable of causing financial loss.
🌍 Radar Global
Samsung Ordered to Pay $392 Million in UK SEP Dispute
Samsung Electronics v. ZTE Corporation · UK High Court
The UK High Court directed Samsung to pay a $392 million lump sum to ZTE following a patent trial concerning standard essential patents in telecommunications. The dispute involved global FRAND licensing terms, with the court determining the payment due under the parties’ licensing framework.
Zara Contests Estée Lauder’s Jo Malone Trademark Claims
Zara v. The Estée Lauder Companies · UK High Court
Zara denied trademark infringement allegations in UK proceedings brought by Estée Lauder over references to perfumer Jo Malone in Zara fragrance collaborations. The dispute concerns packaging and promotional descriptions using phrases such as Created by Jo Malone CBE. Zara argued that its use complied with naming principles communicated by Estée Lauder’s lawyers and denied that consumers would be misled into believing any association with Jo Malone London. The case raises the question of how far personal names tied to sold luxury brands may continue to be commercially used.
USPTO Director Flags PTAB Divergence From $170 Million GoDaddy Verdict
Express Mobile v. GoDaddy · USPTO / PTAB
USPTO Director John Squires ordered review of a PTAB decision invalidating a patent tied to Express Mobile’s $170 million infringement verdict against GoDaddy. The review follows concerns that the PTAB failed to adequately explain why it reached a conclusion inconsistent with the Delaware jury’s findings on validity and infringement. The patent challenge had been backed by Meta Platforms and Google. The development has intensified debate around PTAB review standards and the relationship between administrative invalidation proceedings and jury verdicts in US patent litigation.
Paramount and Spyglass Settle Ghostface Mask Rights Dispute
Paramount Skydance Corp. v. Alterian · US District Court, Central District of California
Paramount and Spyglass Media Group settled their copyright dispute with special-effects studio Alterian over ownership rights in the Ghostface mask from the Scream franchise. Alterian’s founder had claimed authorship of the mask design dating back to 1991, while the studios maintained they had validly licensed the rights from costume company Fun World. Both sides agreed to dismiss their claims following settlement.
Behr Settles Copyright Suit Over Use of Paint It Black in Instagram Ad
ABKCO Music & Records v. Behr Paint · US District Court, Central District of California
Paint company Behr settled a copyright infringement suit brought by ABKCO Music and Records over the alleged unauthorised use of the Rolling Stones’ 1966 recording Paint It Black in a 2022 Instagram advertisement. ABKCO had alleged commercial use of the song without a licence. The parties informed the California federal court that the dispute had been resolved and the case would be dismissed.
Avatar Face-Likeness Suit Filed Against Disney and James Cameron
Q’Orianka Kilcher v. James Cameron & Disney · US District Court, Central District of California
Actor Q’Orianka Kilcher filed suit against James Cameron and Disney alleging that her facial features were used without consent as the basis for the character Neytiri in the Avatar franchise. The suit claims Cameron used promotional images from Kilcher’s role as Pocahontas in The New World while developing the Na’vi character design and commercially exploited her likeness without permission or compensation.
Publishers Sue Meta and Zuckerberg Over AI Training on Pirated Books
Hachette Book Group v. Meta Platforms & Mark Zuckerberg · US District Court, Southern District of New York
Five major publishers and author Scott Turow filed a class action against Meta and Mark Zuckerberg alleging large-scale copyright infringement through use of pirated books and journal articles to train Meta’s Llama AI models. The complaint claims Meta illegally torrented millions of copyrighted works, removed copyright management information and used unauthorised internet scrapes to build its generative AI systems. The suit further alleges that Zuckerberg personally approved the conduct and argues that AI-generated summaries and reproductions threaten the commercial market for books and publishing. Meta indicated it would contest the claims, maintaining that AI training on copyrighted works may qualify as fair use.
Apple Settles Siri AI Features Lawsuit for $250 Million
Landsheft v. Apple · US District Court, Northern District of California
Apple agreed to settle a consumer class action for $250 million over allegations that it misled buyers by advertising AI-powered Siri upgrades that were not available when new iPhones launched in 2024. Plaintiffs claimed consumers paid a premium for devices marketed with Apple Intelligence features that were significantly delayed. Apple denied wrongdoing and said the settlement was intended to resolve the dispute.
Interpol Operation Seizes $15.5 Million in Counterfeit Pharmaceuticals
Operation Pangea XVIII, coordinated by Interpol across 90 countries and territories, resulted in seizure of 6.42 million doses of counterfeit and unapproved pharmaceuticals valued at approximately $15.5 million. The operation led to 269 arrests and the dismantling of 66 criminal groups involved in illicit pharmaceutical trade. Authorities reported a surge in illegal sales of antiparasitics, steroids and lifestyle drugs through online channels.
Patent Expiry Pressure Drives 2026 Biopharma M&A Surge
Biopharma M&A activity reached $84 billion in the first quarter of 2026, nearly doubling from the same period in 2025, as major pharmaceutical companies race to strengthen pipelines ahead of looming patent expiries on blockbuster medicines. Analysts estimate more than $300 billion in pharmaceutical revenue faces patent expiry over the next five years. Oncology, obesity, neurology and AI-driven drug discovery companies have emerged as the primary acquisition targets, with acquirers favouring mid-sized transactions under $10 billion to rapidly offset future revenue erosion.
Canada Approves Second Generic Version of Ozempic
Health Canada approved a second generic version of semaglutide, the active ingredient in Ozempic, marking a further step toward broader competition in the GLP-1 diabetes drug market. The approval is expected to intensify pricing pressure on Novo Nordisk as generic manufacturers continue to enter a market long dominated by the originator product.
Vietnam Launches Anti-Piracy Crackdown Amid US Tariff Pressure
Vietnam announced a renewed crackdown on online piracy and counterfeit goods following pressure from the United States over alleged failures in IP enforcement. The government directed authorities to increase detection of copyright infringement and counterfeit imports by at least 20% during May 2026. The move follows the US designating Vietnam as a priority foreign country for IP violations in its annual Special 301 review and warning of possible tariff action.
Dua Lipa Files $15 Million Suit Against Samsung Over Alleged Unauthorised Use of Image
Dua Lipa v. Samsung Electronics America Inc. & Samsung Electronics Co. Ltd. · US District Court, Central District of California
Dua Lipa has filed a $15 million lawsuit against Samsung Electronics alleging unauthorised use of her image on Samsung television packaging used to promote Samsung TV Plus products The complaint alleges copyright infringement, trademark infringement and violation of publicity rights arising from Samsung’s alleged use of a backstage photograph taken before her 2024 Austin City Limits Festival performance. Dua Lipa claims the packaging falsely suggested an endorsement relationship and seeks damages along with injunctive relief restraining further use of her likeness.
📡 Radar Blip
CGPDTM Extends Copyright E-Services Timelines Due to Maintenance Downtime
The CGPDTM issued notice that all copyright e-services including e-filing, public search and e-register facilities remained unavailable due to scheduled maintenance commencing 9 May 2026. Affected timelines have been extended to 13 May 2026 at 11:30 PM. Stakeholders experiencing payment failures should email screenshots and application details to the Copyright Helpdesk at copyright@nic.in.
CGPDTM Invites Comments on Draft Policy for Recording VC Hearings
CGPDTM Invites Comments on Draft Policy for Recording VC HearingsThe CGPDTM released a draft policy governing video recording and management of video conferencing proceedings conducted by the Patent and Trade Marks Office. The proposed framework covers storage, retention, access, issuance and handling of VC recordings along with a standard operating procedure for managing such records. Stakeholders may submit comments within 30 days to cgoffice.in@gov.in with a copy to support.ipo@gov.in.
IP India Launches Stamp Duty Portal for Powers of Attorney
The CGPDTM launched a dedicated Stamp Duty for POA portal on the IP India website to streamline compliance relating to powers of attorney filed before IP offices. The portal provides state and union territory-wise stamp duty requirements, relevant statutory provisions and links to applicable acts, rules, amendments and notifications. The move is aimed at reducing filing defects and procedural delays arising from incorrect stamp duty compliance.
USPTO Open Data Portal to Require Account Registration From 18 June 2026
The USPTO announced that users will require a USPTO.gov account to access its Open Data Portal from 18 June 2026. The move is part of the agency’s initiative to strengthen protection of publicly accessible federal data and curb unregistered bot traffic. Existing USPTO.gov account holders will automatically be able to access the portal after signing in.
EUIPO and EIF Launch IP-Backed Finance Initiative for SMEs
The European Union Intellectual Property Office and the European Investment Fund announced a collaboration aimed at expanding access to IP-backed financing for European SMEs and startups. The initiative seeks to help businesses leverage patents, trademarks and designs as collateral or value drivers in securing funding, with a focus on improving valuation tools, investor awareness and financing mechanisms tied to intangible assets.
EUIPO Launches New Cooperation Board to Strengthen EUIPN Framework
The EUIPO launched a new Cooperation Board to reinforce governance and collaboration within the European Union Intellectual Property Network. The board is intended to deepen coordination between EUIPO and national and regional IP offices across Europe on digitalisation, convergence of practices, enforcement cooperation and development of common IP tools and services, in alignment with EUIPO’s Strategic Plan 2030.
Agorateka Network Expands Across All 27 EU Member States
The EUIPO announced that the Agorateka network, the EU-wide portal directing users to authorised sources for legal digital content, now covers all 27 EU Member States. The platform links more than 5,300 legal content services across participating countries covering films, music, e-books, sports broadcasts and video games, as part of broader EU anti-piracy efforts.
