Category: Patent Litigation

Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”

2nd April, 2015 - 10:04 am Categories: India IP Litigation IP Practice in India News & Updates patent infringement Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

Reportedly, Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015. The Delhi high court on dated 20th March 2015 set aside an order of single judge bench of Delhi High Court which … Continue reading Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”

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

26th December, 2014 - 4:19 am Categories: Hi Tech Patent Litigation India IP Litigation IP Practice in India News & Updates Patent Litigation Patents

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

24th December, 2014 - 1:49 pm Categories: India IP Litigation News & Updates patent infringement Patent Litigation Patent Opposition

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

17th December, 2014 - 8:25 am Categories: India IP Litigation IP Practice in India News & Updates Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

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?

15th December, 2014 - 11:09 am Categories: Hi Tech Patent Litigation India IP Litigation IP Practice in India News & Updates Patent Litigation Patents

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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Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

1st November, 2014 - 5:27 pm Categories: India IP Litigation IP Practice in India News & Updates Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

It has been recently reported in Economic times that Cipla has filed representation with the government (Department of Industrial Policy & Promotion) seeking revocation of five patents of Novartis on indacaterol, a respiratory drug for the treatment of chronic obstructive pulmonary disease (COPD) and marketed as Onbrez by Novartis. The central government, under section 66 … Continue reading Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

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Practice of Patent Asserting Entities: Boon or Bane: Global Innovations

20th October, 2014 - 8:55 am Categories: patent infringement Patent Litigation Patents

Introduction Patent troll relates to a person or company that enforces its patents against one or more alleged infringers in an opportunistic and unduly aggressive manner, often with no intention to manufacture or market the patented invention. Various terms such as patent trolls, patent monetization companies, or patent assertion entities are used for such entities; … Continue reading Practice of Patent Asserting Entities: Boon or Bane: Global Innovations

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Vacation of injunction upon invalidation of patent by USPTO ePlus. v. Lawson Software

22nd August, 2014 - 11:55 am Categories: IP Litigation News & Updates Patent Litigation Patents USPTO

In a recent judgment, The U.S. Court of Appeals for the Federal Circuit on July 25, 2014, vacated the U.S. District Court’s decision on injunction and contempt orders against Lawson Software and instructed the lower court to dismiss the patent litigation case brought by ePlus, Inc. This decision mainly pertains totwo main issues. Firstly, whether … Continue reading Vacation of injunction upon invalidation of patent by USPTO ePlus. v. Lawson Software

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Patent Trolling and Fee-Shifting

27th May, 2014 - 10:06 am Categories: News & Updates Patent Litigation Patents

Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had discretion of awarding reasonable attorney fees to the prevailing party … Continue reading Patent Trolling and Fee-Shifting

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Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

22nd May, 2014 - 10:34 am Categories: India IP Litigation News & Updates Patent Litigation Patents Pharma/Biotech Patent Litigations

Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

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