A division bench (judgement dated 27th Nov 2015) of the Delhi High Court sided with Roche against Indian firm Cipla, upholding the Swiss drug maker’s patent claims on key lung cancer drug erlotinib hydrochloride, branded Tarceva. Cipla’s Erlocip was launched in 2008 it cost around Rs 1,600 per tablet, as compared to Roche’s Tarceva which cost around Rs 4,800 per tablet. […]
In May, Samsung lost a previous appeal, ruling that it did infringe on some of Apple’s design patents from the iPhone models. Samsung appealed a San Jose jury’s August 2012 verdict that it violated Apple’s patent or trademark rights in 23 products, such as the Galaxy S2 smartphone, as well as about $930 million in damages awarded to the iPhone maker During […]
The US Supreme Court issued two important decisions on Apr 24, 2018, both relating to Inter Party Reviews. Inter Partes Review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under section 102 or 103, and only on the basis of […]
The Delhi high court on September 16, 2016 dismissed the suits by three international publishers against the sale of photocopied books and pages in Delhi University, a landmark verdict likely to have a wide-reaching impact on copyright laws in India. Claiming that “copyright is not a divine right,” Justice Rajiv Sahai Endlaw observed that photocopying material for educational purposes was […]
The famous blue-bordered sari of Mother Teresa has been recognised as an Intellectual Property of the Missionaries of Charity. The Trade Marks Registry, Government of India, has granted the registration of the trade mark for that pattern of blue border of sari. The Missionaries of Charity does not believe in publicity and as such it was not publicized, but since unscrupulous […]
The Supreme Court of the United States in SCA Hygiene Prods. Aktiebolag, et al. v. First Quality Baby Prods., LLC, et al. dated March 21, 2017, has held that the equitable defense of laches is no longer a valid defense to patent damages claims brought within the six-year damages limitation period of 35 U.S.C. § 286. Section 286 “Except as otherwise […]
By judgement and order dated Mar. 08 2017, a single judge of the Delhi High court interpreted the Bolar provision in India (section 107 A). Whether the language of section 107 A of the Patent Act, 1970 permits exports from India of the patented invention, even if solely for uses reasonable related to the development and submission of information required […]
Background: Mr Tobias Mc Fadden Defendant, runs a lighting and sound system shop in which he offers access to a Wi-Fi network to the general public free of charge in order to draw the attention of potential customers to his goods and services. In 2010, a musical work was unlawfully offered for downloading via that internet connection. The Landgericht München […]
On October 20, 2016 federal court in Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc. addressed the effect of the supreme court decision in Cuozzo Speed, on the issue of whether termination of instituted inter partes review (“IPR”) proceedings based on a failure to meet the statutory filing requirements for a petition would be barred from review by 35 U.S.C. § 314(d) [under Cuozzo […]
On June 20, 2016, the Supreme Court of United States issued its first decision addressing IPR proceedings—Cuozzo Speed Technologies v. Lee. The court’s decision upheld the claim construction standard (“broadest reasonable interpretation” BRI rather than the “plain and ordinary meaning” standard applicable in courts) applied in IPR proceedings and confirmed that appeals may only be taken from the board’s final written decisions […]