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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
Read more »First Compulsory License Grant in India to Natco
The Controller General of India passed an order of compulsory license (CL) against Bayer’s patent on drug Nexavar on March 09, 2012, which is India’s first compulsory license and is resulting from India’s first CL application filed by Natco last year which was reported and discussed by us. The complete CL order is available at … Continue reading First Compulsory License Grant in India to Natco
Read more »Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety
Dr. Vandana Shiva, an Indian Environmental Activist has lent her support to “No Patent on Seeds”, a European coalition, in opposing the European Patent EP1962578 granted to Monsanto in May 2011. The Patent claims a melon variety having resistance to Curcurbit Yellow Stunting Disorder Virus (CYSDV) with virus resistance traits taken from melon varieties found … Continue reading Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety
Read more »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
Read more »Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)
It is needless to say that one core mandate of protecting one’s intellectual property is to promote the progress of science for the benefit of humankind. At the same time, it is also important to ensure that a patentee’s right of excluding others from making, selling, using, offering to sell, and importing the protected subject … Continue reading Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)
Read more »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
Read more »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
Read more »Adams Respiratory Therapeutics, Inc. Vs. Perrigo Co.- Dispute Related to Pharmacokinetic Claim Terms
Adams Respiratory Therapeutics, Inc. Vs. Perrigo Co.- Dispute Related to Pharmacokinetic Claim Terms Adams Respiratory Therapeutics, Inc. (Adams)-“Plaintiff” holds patent 5,372,252 (‘252 patent), which covers an extended release formulation containing guaifenesin (an expectorant used to thin, loosen, and helps expel mucus that causes congestion). Adams markets Mucinex® which is the preferred embodiment of the ’252 … Continue reading Adams Respiratory Therapeutics, Inc. Vs. Perrigo Co.- Dispute Related to Pharmacokinetic Claim Terms
Read more »AK 47 needs Copyright to fire?
Who would imagine that AK 47 might need copyright protection? Yes!! You Read it right!! None other than Mikhail Kalashnikov, the inventor of the AK-47 rifle had threatened India for a copyright violation. Story goes way back in 2000 when, an Indian ordnance factory had developed a replica of the AK-47, and put it on … Continue reading AK 47 needs Copyright to fire?
Read more »NATCO FILES INDIA’S FIRST COMPULSORY LICENSING APPLICATION
Natco Pharma has filed India’s first Compulsory Licensing (CL) Application (in accordance with Section 84(1) of the Indian Patents Act) against one of the Bayer’s patented drug Sorafenib, marketed by Bayer as Nexavar for treating Kidney and Liver Cancer. Patent on Sorafenib is granted in India on 03.03.2008 having number IN 215758. This will be … Continue reading NATCO FILES INDIA’S FIRST COMPULSORY LICENSING APPLICATION
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