Category: patent infringement

Analysing Prior User Defence Mechanism Against Patent Infringement In India

Introduction “Prior user right” refers to the “legal right of a third party to continue using an invention that was already in use before a patent application for the same invention was filed”. This right is intended to balance the impact of the “first-to-file” principle with the interests of third parties as “prior use prevails … Continue reading Analysing Prior User Defence Mechanism Against Patent Infringement In India

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Karnataka High Court Vacates Temporary Injunction Passed Previously In Favour Of Innoviti Against Pine Labs

Introduction A Patent infringement suit was filed by Innoviti Payment Solutions (“the Plaintiff”) regarding its point-of-sale (POS) terminal technology against Pine Labs (“the Defendant”) in the Addl. City Civil and Sessions Court wherein an interim injunction was granted in their favour. Thereafter, the Defendant moved the matter to the Hon’ble Karnataka High Court challenging the … Continue reading Karnataka High Court Vacates Temporary Injunction Passed Previously In Favour Of Innoviti Against Pine Labs

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Doctrine Of Equivalents: An Approach To Analyse Patent Infringement

Introduction The advancement of new technologies throughout time has led to an unprecedented increase in patent-related conflicts. A patent is granted by a patent office, which is a monopoly right for a novel, useful, and non-obvious innovation. A patent holder has the right to prevent others from using their invention, and they are entitled to reasonable … Continue reading Doctrine Of Equivalents: An Approach To Analyse Patent Infringement

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Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

INTRODUCTION A groundless threat is one when a party threatens another party with legal proceedings without having a basis for the threats. The threat could be produced in the form of either written communication or orally. For instance, if a threat to prosecute for infringement is made where there has been no infringement, or the … Continue reading Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

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Khurana & Khurana Opens Jalandhar (Punjab) Office

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar,  w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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GROUNDLESS THREAT OF PATENT INFRINGEMENT

Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT

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BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW

The once-powerful mobile phone companies BlackBerry and Nokia are in the headlines again, not for their new technological developments but because of their legal battle. The Valentine’s Day card for Nokia was in the form of a complaint entailing 11 items that Blackberry did not like about it. The complaint listed out the 11 patents … Continue reading BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW

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FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA

Everyday, a number of products are being invented all over the world, some cascading over the improvement of existing inventions, and the others, portraying a unique set of methods and products unknown to man at large. Simultaneously, there is an eruption of infringements that remain unnoticed or noticed following an incredulous load of proceedings and … Continue reading FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA

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Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. (hereinafter referred to be as Defendants/Appellants/Teva) Vs. Eli Lilly & Co. (hereinafter referred to as Plaintiff/Appelle/Eli Lilly) decided by United States Court of Appeals for the Federal Circuit (CAFC) on January 12, 2017, Plaintiff had filed … Continue reading Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

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Does Focusing on Single Embodiment Limits the Patent Specification?

This issue was handled by the United States Court of Appeals for the Federal Circuit in the SCRIPTPRO LLC, SCRIPTPRO USA, INC., Plaintiffs-Appellants v. INNOVATION ASSOCIATES, INC., Defendant-Appellee decided on August 15, 2016. This was an appeal from the United States District Court for the District of Kansas in No. 2:06-cv-02468-CM, Judge Carlos Murguia. United … Continue reading Does Focusing on Single Embodiment Limits the Patent Specification?

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