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Case Lawsuit Title
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Case / Trial ID Number
Jurisdiction Code
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us
in
upc
eu
Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
ITC Limited
Respondent / Defendant
The Controller of Patents, Designs & Trademark
Dispute Summary
ITC Limited appealed the rejection of its patent application for a novel chemical-based nicotine aerosol delivery device. The Controller had rejected the application, citing public health concerns related to nicotine and referencing various statutes. ITC argued that since the device operates purely through a chemical reaction without electrical components, it should not be classified as an ENDS or e-cigarette. The Calcutta High Court ultimately ruled in favor of ITC Limited, emphasizing international IP principles (TRIPS and Paris Convention) which mandate that patentability cannot be denied merely because commercial exploitation is restricted by domestic law.
Outcome / Ruling
plaintiff_favorable
Verdict Document PDF URL
Full text judgment
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