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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”
Read more »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
Read more »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
Read more »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
Read more »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…
Read more »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
Read more »Is Section 3(k) losing its significance?
It wasn’t long back when section 3(k) defined as “A mathematical or business method or a computer programme per se or algorithms are not patentable” was under heavy discussions as regards the standards based on which patentability of a computer implemented invention alias software invention would be examined. A computer implemented invention was defined as … Continue reading Is Section 3(k) losing its significance?
Read more »EMERGING IP LANDSCAPE FOR GENERIC PHARMA COMPANIES: A CASE STUDY
IP Issues that concern generic pharma companies generally center on ANDA filing, Patent Litigation, Patent Outlicensing and Brand Acquisitions. It has been very rare for an Indian generic player to be involved into all the four aspects in a single case involving a common drug molecule. One such case with India headquartered Sun Pharma as … Continue reading EMERGING IP LANDSCAPE FOR GENERIC PHARMA COMPANIES: A CASE STUDY
Read more »Research in motion vs Motorola
Research in motion vs Motorola This time Research In Motion (RIM) was “put in trouble” by Motorola for infringing the latter’s patent “Beletic”. Research In Motion’s BlackBerry Enterprise solution “BES” and BlackBerry Internet Solution “BIS” are alleged to infringe the Motorola’s patent. This time Research In Motion was well prepared and ready to revocate the … Continue reading Research in motion vs Motorola
Read more »Asian Electronics Ltd. vs. Havells India Ltd.
Working of the invention playing a role in deciding Balance of convenience This time Asian Electronics Ltd., referred to as Asian hereinafter, owner of the Indian Patent Application No. 193488 titled “Conversion Kit to change the fluorescent lighting units inductive operation to electronic operation” claimed injunction and consequential reliefs including damages against the Defendant, also … Continue reading Asian Electronics Ltd. vs. Havells India Ltd.
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