Tag: patent

First Compulsory License Grant in India to Natco

31st March, 2012 - 1:58 pm Categories: IP Practice in India News & Updates Pharma/Biotech Patent Litigations

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

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Opposition against Monsanto’s European Patent on a virus resistant Melon Plant variety

21st February, 2012 - 4:44 pm Categories: IP Practice in India Pharma/Biotech Patent Litigations

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

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

4th February, 2012 - 10:31 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

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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Practice Pointer: Form 27 Requirement in India (Statement Regarding the Working/Non-Working of Issued Patents)

4th February, 2012 - 9:36 am Categories: IP Practice in India

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)

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Cookie “Companies” sued by University and Exclusive Licensee thereof

25th January, 2012 - 1:35 pm Categories: Pharma/Biotech Patent Litigations

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

14th January, 2012 - 7:24 am Categories: Pharma/Biotech Patent Litigations

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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Adams Respiratory Therapeutics, Inc. Vs. Perrigo Co.- Dispute Related to Pharmacokinetic Claim Terms

4th January, 2012 - 5:24 pm Categories: Pharma/Biotech Patent Litigations

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

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AK 47 needs Copyright to fire?

10th October, 2011 - 1:25 pm Categories: IP Practice in India

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?

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Are food recipes patentable in India?

1st August, 2011 - 7:53 am Categories: IP Practice in India

A few days back, one of our clients came to us asking whether his new food recipe, which he claimed to be new, can be patented in India or not. The answer of course is yes, though depending on a number of factors which we discuss hereinafter. Patent Amendment 2005 of the Indian Patent Act … Continue reading Are food recipes patentable in India?

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Microsoft Corp V/s TiVo, Inc

13th February, 2011 - 9:36 am Categories: Patent Litigation

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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