Tag: infringement

Question of claim amendments by patentee in India

We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further this Article would examine as to when and when not the patent amendment should be allowed during pendency of patent infringement suit. The Author, at the end, presents a hypothetical case to raise … Continue reading Question of claim amendments by patentee in India

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How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

Here I present another Practice Pointer series, useful for Indian API manufacturers (or to that matter for any country) who are innovating and patenting new and economical processes and novel intermediates thereof and want to capitalize on US Market. The Article will discuss the infringement under the United States Process Patent Legislation and judicial decisions … Continue reading How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

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Cookie “Companies” sued by University and Exclusive Licensee thereof

Infringement suit was filed on September 7th 2011 in Western District of Wisconsin by Brandeis University, USA (Brandeis) along with its exclusive licensee GFA brands (“Plantiffs”), against a dozen of cookie companies including Nestle USA, Inc., The Pillsbury Company, LLC, Keebler Co., Famous Amos Chocolate Chip Cookie Company, LLC, East Side Ovens, Inc., Murray Biscuit … Continue reading Cookie “Companies” sued by University and Exclusive Licensee thereof

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Gevo – Butamax back and forth Ongoing Infringment Lawsuits

It looks like a never ending infringement lawsuits between Gevo Inc. and Butamax Advanced Biofuels LLC on IP rights of bio-isobutanol, a well known biofuel. On September 13, 2011, Gevo Inc. was granted two patents by USPTO that involved technologies enabling low-cost, high-yield production of bio-based isobutanol. Gevo’s patent 8,017,375 (‘375), “Yeast Organism Producing Isobutanol … Continue reading Gevo – Butamax back and forth Ongoing Infringment Lawsuits

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ESPN SOFTWARE INDIA FILES FIR AGAINST VARNAM CABLE NETWORK (KERALA)

ESPN Software India, the sole licensee of TV channels ESPN, Star Sports and Star Cricket in India, has filed an FIR against Mr. Pradeep.P, representing Varnam Cable Network (a franchise of Asianet Satellite communications Ltd.) in Konni, Kerala under the Indian Copyright Act 1957. The cable network was alleged to be illegally broadcasting unauthorised feeds … Continue reading ESPN SOFTWARE INDIA FILES FIR AGAINST VARNAM CABLE NETWORK (KERALA)

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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

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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

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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

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Trademark tiff between Masculine drink makers and its challengers!

Just days after I bought my first bottle of the ‘must have’ “Knock-out” pepper spray, I came across a trademark dispute between the makers of this product and manufacturers of the beer brand “Knock-Out”. What came next were a series of interesting case laws, and evidences, and finally the verdict of Delhi High Court Justice … Continue reading Trademark tiff between Masculine drink makers and its challengers!

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India refuses to nod…for Noddy

 For the first time, I was forced by my friends to include pictures in my blog.  No wonder, the reason is that they all love the famous character ‘Noddy’.  Well, my reason for writing the blog is to share a very recent and an interesting Trade Mark case in the Delhi High court. The … Continue reading India refuses to nod…for Noddy

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