Delhi High Court Sets Aside Refusal Of Patent For Cancer Drug Combination, Orders Fresh Review

The Delhi High Court has set aside the refusal of a US company's patent application for a pharmaceutical combination used to treat proliferative diseases, including colorectal cancer.Holding that the Deputy Controller's findings on inventive step and patentability under Sections 3(d) and 3(i) of the Patents Act could not be sustained, the court remanded the matter for fresh consideration. Justice Tushar Rao Gedela rejected the objection under Section 3(i), observing, "It is clear that claim 1...

Delhi High Court Bars Unity Small Finance Bank From Considering Share Capital Increase Without BharatPe's Consent

The Delhi High Court on Friday held that Unity Small Finance Bank could not place before its board a proposal to increase its authorised share capital and amend its Memorandum of Association without the prior written consent of BharatPe, which owns a 49% stake in the bank. Justice Tushar Rao Gedela granted interim relief to BharatPe (Resilient Innovations Private Limited), holding that the proposal fell within "Reserved Matters" under the parties' Shareholders' Agreement (SHA)."If the SHA...

Requiring AI Companies To Obtain Multiple Licences For LLM Training Would Be Economically Unviable: Delhi High Court

The Delhi High Court has observed that requiring artificial intelligence (AI) companies to obtain licences from multiple sources to train Large Language Models (LLMs) would make their development economically unviable, while refusing to grant an interim injunction sought by ANI Media against OpenAI in its copyright infringement suit over ChatGPT. "The key to success of an AI model is to access the information in public domain. The development of LLMs and their success depends on availability of...

Delhi High Court Sets Aside Arbitral Award Rejecting Spectrum Power's GST Refund Claim Against GAIL

The Delhi High Court has set aside an arbitral award rejecting Spectrum Power Generation Limited's claim for refund of GST reimbursed to GAIL (India) Limited under a Gas Sale Agreement, holding that the award suffered from patent illegality.The court held that GAIL was required to independently establish that it had deposited GST and that the arbitral tribunal could not rely on disputed tax payment receipts without first deciding their admissibility.Justice Avneesh Jhingan observed, "In the...

Delhi High Court Restrains Copyright Holders From Issuing Groundless Infringement Threats Against TVS

The Delhi High Court on Thursday restrained the holders of two copyright registrations from issuing any further groundless threats of copyright infringement proceedings against TVS Motor Company over allegations that its engines, two-wheelers and three-wheelers used features covered by their registered literary works. Justice Jyoti Singh passed the ad interim order in a suit filed by TVS seeking, among other reliefs, a declaration that a cease-and-desist notice issued by Ram Chandra Maurya and...

OpenAI's Use Of ANI Content To Train ChatGPT Is Not Prima Facie Copyright Infringement: Delhi High Court

The Delhi High Court on Friday dismissed Asian News International's (ANI) plea for an interim injunction against OpenAI in its suit alleging copyright infringement over the alleged use of ANI's content to train ChatGPT. Justice Amit Bansal held that "ANI has failed to make out a prima facie case for grant of interim injunction." Ruling on four issues framed in the suit, with findings on the first and third issues delivered together, the Court upheld its territorial jurisdiction to hear the case...

Settled Disputes Cannot Be Revived Without Express Reservation Of Future Claims: Delhi High Court

The Delhi High Court on 23 July held that parties cannot reopen issues settled through a settlement agreement after acting upon the settlement without reserving any future claims, as such a course would undermine certainty, consistency and finality in disputes. Justice Tushar Rao Gedela upheld an arbitral award granting Atlanta Infra Assets Limited a 53-day extension of the concession period for the Nagpur-Kondhali section of National Highway-6 in Maharashtra, including an additional 28 days...

SEBI Reference Alone Does Not Make Writ Petition Against Stock Broker Maintainable: Delhi High Court

The Delhi High Court on 22 July held that merely marking a representation or complaint to the Securities and Exchange Board of India (SEBI) does not make a writ petition maintainable when the dispute is essentially between an investor and a private stock broker and alternative statutory remedies are available. A Single Bench of Dr. Justice Swarana Kanta Sharma dismissed a petition filed by Sushil Kumar Verma against SEBI and Indiabulls Securities Limited, holding that the petitioner had...

NFAC Must Provide Video Conferencing If Assessee Seeks Personal Hearing: Delhi High Court

The Delhi High Court has held that a taxpayer who seeks a personal hearing during appellate proceedings before the NFAC is entitled to such a virtual hearing.“There are various issues which can be better explained with the help of personal or virtual assistance by assessee or its authorised representative. Mere written submissions or memo of appeal are not sufficient for proper adjudication,” division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta observed.The court thus set aside an...

Delhi High Court Restrains 14 More Websites From Using 'BETWAY' Trademark

The Delhi High Court has recently restrained 14 more websites from using the trademark "BETWAY" or any deceptively similar mark in a trademark infringement suit filed by Merryvale Limited, the proprietor of the registered BETWAY trademark.BETWAY is an online sports betting and gaming brand owned by Merryvale Limited.The latest order extends interim protection granted earlier against similar allegedly infringing websites. Justice Jyoti Singh held that Merryvale had established a prima facie case...

Report Of Expert Board Constituted By Consent Cannot Be Executed As Arbitral Award: Delhi High Court

The Delhi High Court has held that an expert board constituted through consent orders to determine service charges cannot be treated as an arbitral tribunal merely because the parties agreed to its constitution. It ruled that the Board's report, which contained recommendations, could not be treated as an arbitral award, decree or any other executable instrument. Justice Harish Vaidyanathan Shankar dismissed an execution petition filed by the South Delhi Municipal Corporation (SDMC), which...

Delhi High Court To Hear Vedanta's Appeal Against Refusal Of Gujarat Offshore Oil Block PSC Extension On Monday

The Delhi High Court on Thursday agreed to hear on Monday Vedanta Ltd.'s plea for interim relief in its appeal challenging the July 22 judgment upholding the Union Government's decision rejecting the company's application for a ten-year extension of the Production Sharing Contract (PSC) for an offshore oil and gas block in Gujarat. After briefly hearing the parties, a division bench of Justices Dinesh Mehta and Rajneesh Kumar Gupta posted the matter for Monday, when it will consider Vedanta's...