Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?
This article relates to a recent judgement of IPAB on 12’th July 2012 on revocation of an Indian Patent IN 195937, wherein certain interesting aspects relating to developing standards for revocation under Section 8 of the Indian Patent Act, 1970 have been discussed and put forth, quite strongly!! Case Summary: In summary, the case relates … Continue reading Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?
Read more »Inherent Anticipation: In re Montgomery
The Federal Circuit in this case addressed the issue of anticipation by inherency in the context of method of treatment claims. The panel affirmed that a claim to ‘a new use for a known compound’ was inherently anticipated by a reference which disclosed a plan for a proposed clinical trial that had not been carried … Continue reading Inherent Anticipation: In re Montgomery
Read more »Patent laws on Genes and Gene Sequences
Advancement in science and genetic application, with enhanced knowledge of Human Genome has been the main focus in the field of medicine and biotechnology areas. Continuous and ongoing researches in genome project, identifying specific target genes and their respective response and functional activities, have evolved genetic therapeutics in treatment of multifactor disorders such as heart … Continue reading Patent laws on Genes and Gene Sequences
Read more »Nokia & IPCOM
The claimant, Nokia Corporation, seeks revocation of European Patent (UK) No. 1 841 268 (“the patent” or “268”) which belongs to the defendant IPCom. This action is yet another stage in the litigation which is pending in a number of jurisdictions in relation to the mobile telephony patent portfolio which IPCom purchased from Robert Bosch … Continue reading Nokia & IPCOM
Read more »ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)
This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and is setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what … Continue reading ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)
Read more »Clear and Convincing …Says US Apex
This blog is just an update of the US Supreme Court hearing in the case “Microsoft Vs. i4i”. For more details about the initial proceedings. The patent act indicates that issued patents are “presumed valid.” 35 U.S.C. § 282. In this case, Microsoft challenged the strength of that presumption — arguing that a low “preponderance” … Continue reading Clear and Convincing …Says US Apex
Read more »BRUCE N. SAFFRAN Vs. JOHNSON & JOHNSON and CORDIS CORPORATION
Introduction A patent infringement suit filed by Bruce N. Saffran, a New Jersey Radiologist (“Plaintiff”) against Johnson & Johnson (J&J) and Cordis Corporation (“Defendants”) claiming that defendants directly infringed U.S. Patent No. 5,653,760 (filed Aug. 9, 1995) (the `760 patent;) entitled “Method and Apparatus for Managing Macromolecular Distribution”. Defendants’ accused products are the Cypher drug-eluting … Continue reading BRUCE N. SAFFRAN Vs. JOHNSON & JOHNSON and CORDIS CORPORATION
Read more »Microsoft Corp V/s TiVo, Inc
The present case relates to an infringement petition filed by Microsoft Corp against TiVo, Inc. in California Northern District Court, for infringing its two patents, Patent No. US 6,008,803, (‘803) and Patent No. 6,055,314, (‘314). The case was filed on January 19, 2010. The case is still waiting for its decision and its next hearing … Continue reading Microsoft Corp V/s TiVo, Inc
Read more »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
Read more »“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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