Month: December 2014

Belly Fireman! Rescued by Delhi High Court

In the recent decision of Delhi  High Court in the case of Reckitt Benckiser(India) Ltd v Dabur India Ltd, the Hon’ble court decided on the issue of deceptive similarity between the  television advertisement of Pudin Hara lemon fizz drink and Gaviscon Facts of the case: The plaintiffs is a member of  Reckitt Benckiser Group PLC … Continue reading Belly Fireman! Rescued by Delhi High Court

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Gentle Update on Khurana & Khurana: Acquisition of Closer2Patents and Opening Up of Mumbai Branch Office

We are very glad to announce Khurana & Khurana, Advocate and IP Attorneys (K&K) ‘s acquisition of Closer2Patents, a growing IP Consulting Practice based in Mumbai, effective 1’st Jan 2015. With a practice currently spread across three offices, Delhi, Pune, and Bangalore in India, K&K is among the leading IP and Commercial Law Practices with … Continue reading Gentle Update on Khurana & Khurana: Acquisition of Closer2Patents and Opening Up of Mumbai Branch Office

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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‘Pro Tem’ Relief to Xiaomi for importing and selling of Qualcomm based Handsets in India

Reportedly, a bench of Delhi High Court temporarily allowed Xiaomi to sell few of its devices in India about a week after the suspension of its sales in the third largest smart phone market of the world. Xiaomi as well as online seller Flipkarthave been injuncted by Delhi High Court in its order dated 8th … Continue reading ‘Pro Tem’ Relief to Xiaomi for importing and selling of Qualcomm based Handsets in India

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Revocation Application/ Proceeding Summary: Improved Diffuser for an Air Conditioning System

Applicant in this case is M/s Air Master Equipments India (P) Ltd and Respondents are: Mr. Ramesh Nana Mhatre, who is the inventor and Applicant of the granted patent application being discussed, and Controller of Patents who granted the patent post examination and prosecution. Title of the application is ‘An improved Centre Core, Intermediate Core … Continue reading Revocation Application/ Proceeding Summary: Improved Diffuser for an Air Conditioning System

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News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”

In a latest update, Novartis has sued Cipla for infringing its patents on “Onbrez” (Indacaterol) after Cipla lunched its generic version for Indacaterol in October claiming “urgent unmet need” for the drug in India. Earlier, as we have reported here, Cipla approached Govt. of India to exercise its statutory powers to revoke the five patents … Continue reading News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”

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CIPLA’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

As reported in TOI, the Indian Government has found very little merit in Cipla’s plea for waiver and cancellation of Patent rights for chronic obstructive pulmonary disease (COPD) drug over which Novartis has exclusive rights. We have reported on Cipla’s plea here. Background: Cipla, previously approached the Department of Industrial Policy and Promotion (DIPP) to … Continue reading CIPLA’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

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Xiaomi Injunction: Yet another injunction given too soon?

In CS(OS)  3775/2014, as we understand from multiple sources, Xiaomi has been injuncted from manufacturing its line of smart phones for it has been prima-facie found to be infringing on certain standard essential patents of Ericsson. Although the order is not uploaded as yet, we understand that the patents used against Xiaomi, by Ericsson, are the same … Continue reading Xiaomi Injunction: Yet another injunction given too soon?

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OMNIBUS CLAIMS

Omnibus is a Latin word meaning ‘For all, for everyone’. The dictionary defines omnibus as ‘A printed anthology of the works of one author or of writings on related subjects’. The key discussion in this article will be pertaining to omnibus claims as relevant to a Patent application, their significance, scope and current status of … Continue reading OMNIBUS CLAIMS

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Business Method Patents

During the recent visit of Indian Prime Minister to USA, one of the issues that figured prominently in talk agenda was IP related issues. American business community especially those from pharmaceutical industry had been lobbying with their government to pressurize India to bring Indian Patent Act and its provisions in aligned with global systems so … Continue reading Business Method Patents

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