Category: Legal Issues

Federal Circuit Affirms Patent-Ineligibility Of Diagnostic Method Claims

On April 1, 2019, the Court of Appeals for the Federal Circuit (CAFC) issued a decision in Cleveland Clinic Foundation v. True Health Diagnostics LLC affirming a decision by the U.S District Court for the Eastern District of Virginia that held claim 1 of U.S. Patent No. 9,575,065 and claims 1 and 2 of U.S. … Continue reading Federal Circuit Affirms Patent-Ineligibility Of Diagnostic Method Claims

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Development In Technology And Its Impact On Law

Case In The Area Of Social Media We never know what is going to come before us. Before the advent of internet, people used to believe that physical world is what the world is. At that time we had all our laws in accordance with the physical world. But then came the concept of “Social … Continue reading Development In Technology And Its Impact On Law

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U.S. jury upheld validity of two patents for Amgen Inc’s cholesterol-lowering drug Repatha® (evolocumab)

US healthcare giant Amgen has successfully defended two of its patents related to cholesterol-lowering drug Repatha® (evolocumab). Amgen announced on February 25, 2019 that a U.S. District Court jury in Delaware delivered a verdict in the company’s favor upholding the validity of two patents related to its anti-cholesterol drug, Repatha®. The patent challenge was brought … Continue reading U.S. jury upheld validity of two patents for Amgen Inc’s cholesterol-lowering drug Repatha® (evolocumab)

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Case analysis: Whatman International Limited V. P Mehta & Ors.

The Delhi High Court, in a recent trademark matter before it, awarded exemplary compensation to the U.K. based plaintiff, Whatman International Limited in lieu of damage caused to its various intellectual property rights by the defendants since a period stretching over 25 years. The defendants had continually and persistently infringed trademark, copyright and trade-dress, while … Continue reading Case analysis: Whatman International Limited V. P Mehta & Ors.

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Case Study: Tea Board of India Vs. ITC Ltd.

What is GI? A Geographical Indication (GI) is defined in the TRIPS Agreement. The mark of GI acts as an indicator which identifies a good as which originates in the territory of a Member country, or a regional locality in that territory, which has a quality, reputation or other characteristic of the good because of … Continue reading Case Study: Tea Board of India Vs. ITC Ltd.

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Simmba Vs Simba: A Trademark Tussle

Context Before the release date, Rohit Shetty’s much-appreciated film ‘Simmba’ got into trademark squabble with ‘Sona Beverages Co. Ltd’. In November, the makers of Simmba were slammed with the allegation of trademark infringement of a beverage company in Delhi High Court. Chhattisgarh-based Company named Sona Beverages Co. Ltd owned the trademark ‘SIMBA’ for selling a … Continue reading Simmba Vs Simba: A Trademark Tussle

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Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

Case comment: M/S Allied Blenders and Distillers Pvt. Ltd. v. Govind Yadav & Anr. The Hon’ble Delhi High Court has recently held that there is no deceptive similarity between the marks “Officer’s Choice” and “Fauji” and has rejected Allied Blenders and Distillers Pvt Ltd’s trademark infringement suit for its mark ‘Officer’s Choice’ against the owner of … Continue reading Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

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Admissibility of a Composite Suit For Design Infringement And Passing Off

Background Trademark and designs are two distinct branches of IP law however often said to be overlapping. Besides logo, slogans, and other marks, a trademark also covers the shape of goods, their packaging and color combinations and on the other hand a product or container shape can also be a design under Designs Act, 2000. … Continue reading Admissibility of a Composite Suit For Design Infringement And Passing Off

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Looking Into The Deal Between GSK – Hindustan Unilever And What Ensues From The Same

INTRODUCTION Recently,  in the first week of  December 2018, Hindustan Unilever announced  a merger with the local unit of GlaxoSmithKline.  The said deal is estimated to be of around $ 3.8 Billion and is anticipated to bolster the FMCG company’s (Fast Moving Consumer Goods)  (HUL ) position in the Indian market  significantly.  The deal involves … Continue reading Looking Into The Deal Between GSK – Hindustan Unilever And What Ensues From The Same

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Sports Law in India

Introduction India is a place that is known for umpteen games. While sports like cricket have been pursued like a religion, present occasions have achieved a dynamic and numerous different games are being pursued currently more than ever. As the type of amusement has developed significantly and India has turned into an overflowing scene for … Continue reading Sports Law in India

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