Blogs

Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications

When Patent experts advise to Large and Small Corporations and Institutes to focus on Due-Diligence before filing patent application, it’s not without any substantive motive. What is the point of having a patent, even though it gets a grant, if the same is not enforceable? It’s almost like having a piece of paper with no … Continue reading Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications

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Soy Meal a “Dead Material”- No Functional DNA

A Patent Infringement suit was filed by Monsanto Technology LLC against Cefetra, Vopak Agencies and Alfred C. Toepfer International GmbH, for exporting soy meal from Argentina to European Community. The judgement was carried out by the court of justice of European Communities “Grand Chamber”. Preliminary ruling under Article 234 EC from the Rechtbank’s’Gravenhage (Netherlands). Introduction: … Continue reading Soy Meal a “Dead Material”- No Functional DNA

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“Clear and Convincing Evidence”

Case “Microsoft Vs i4i” interests me as I saw the recent Supreme Court decision to hear this case again. Long story in short, i4i filed a patent in 1994 and gets granted on 07/98 (US 5,787,449). ‘449 relates to a system and method for the separate manipulation of the architecture and content of a document, … Continue reading “Clear and Convincing Evidence”

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Claim Construction – Interpretation to Determine Obviousness

The present case relates to reexamination (Reexamination No. 90/008,482) of US Patent No. 5, 236, 503, referred to as ‘503 hereinafter. The concerned Applicant GLATT AIR TECHNIQUES, INC. (referred to as Glatt hereinafter) appealed against the order of the Board of Patent Appeals and Interferences, which was decided on 5’th Jan 2011. As an introduction, … Continue reading Claim Construction – Interpretation to Determine Obviousness

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Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting

A remarkable latest change in the Patentability has risen from the decision of the Federal Circuit in the case Sun Pharmaceuticals v. Eli Lilly, over the later’s patent that claimed the use of gemcitabine (GEMZAR), a drug to treat cancer. Sun Pharma moved to lower court to invalidate this patent on the grounds of obviousness-type … Continue reading Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting

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International Patent Protection in Electronics & It (Sip-Eit) Scheme by Dit

It is enriching to hear and read so much of focus going these days into Innovation at Grass Root and Startup level. With initiatives being taken at all levels by Stakeholders including FICCI, MSME, DIT, and NASSCOM, the next wave of the so called Start-up innovation can really be envisioned. As has correctly been stated … Continue reading International Patent Protection in Electronics & It (Sip-Eit) Scheme by Dit

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Trademark tiff between Masculine drink makers and its challengers!

Just days after I bought my first bottle of the ‘must have’ “Knock-out” pepper spray, I came across a trademark dispute between the makers of this product and manufacturers of the beer brand “Knock-Out”. What came next were a series of interesting case laws, and evidences, and finally the verdict of Delhi High Court Justice … Continue reading Trademark tiff between Masculine drink makers and its challengers!

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Greif & Technocraft

The case is all about a mech. patent granted in Europe in 2008.  The Proprietor (Applicant) Grief International Holding B.V is holding the Patent EP 1467922 (‘922).  The Patent relates to an improved container closure plug having a unique gasket retaining feature.  Interestingly, Technocraft Industries, a company based out of India filed an Opposition in … Continue reading Greif & Technocraft

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The Bilski Battle Ends…still the war of Patenting Business Method is on…

Introduction:- Do you need one? I am sure by this time you would have read or heard about the Bilski case somewhere. Well it’s not too late to know about it. Petitioner filed a patent application that claims a Business method @ USPTO. The claim included a subject matter that explains how commodities buyers and … Continue reading The Bilski Battle Ends…still the war of Patenting Business Method is on…

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Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

The struggle between innovator pharmaceutical companies (mostly in the Western world) and developing world Generic companies has been lately played out in India and especially for the last 2-3 years in the form of litigations and oppositions. Here I would be discussing the specific case of Roche (a Swiss Pharma Company) showcasing its journey of … Continue reading Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

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