Clear and Convincing …Says US Apex
This blog is just an update of the US Supreme Court hearing in the case “Microsoft Vs. i4i”. For more details about the initial proceedings. The patent act indicates that issued patents are “presumed valid.” 35 U.S.C. § 282. In this case, Microsoft challenged the strength of that presumption — arguing that a low “preponderance” … Continue reading Clear and Convincing …Says US Apex
Read more »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
Read more »With newly amended TM rules, will India keep up the pace with other global countries?
The Process of trade mark registration in India being very slow is not only time consuming but also sometimes frustrating. Hopes soared high when in the beginning of year 2010, Trade Marks Registry assured attorneys and applicants that all records of the TM Registry were being digitized and on completion of digitization process, the movement … Continue reading With newly amended TM rules, will India keep up the pace with other global countries?
Read more »The major changes proposed in Draft Patent (Amendment) Rules 2011
The Indian Patent Office released draft amendment to the Patent Rules on March 8, 2011. The Draft amendment is directed to rules 6, 9, 14, 15(3) and the First schedule of the Patent Rules and mainly relates to e-filing of patent applications and related forms. Any interested person was entitled to send comments and suggestions … Continue reading The major changes proposed in Draft Patent (Amendment) Rules 2011
Read more »Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others
The present case had been filed by plaintiff (Pine Labs Pvt. Ltd) against defenders (Gemalto Terminals Pvt. Ltd & others) for a decree of declaration, perpetual injunction and rendition of accounts. The suit was listed before High Court of Delhi on 7th October, 2009. Injunction was granted by court restraining the defendants, their assigns, licensees, … Continue reading Pine Labs Pvt. Ltd vs Gemalto Terminals India Pvt. Ltd & Others
Read more »INDIAN GRANTED PATENTS…ENFORCEABLE?
The Indian Patent Act, 2005, like for most other geographies, does accord to and follow the disclosure guidelines put forth by the TRIPS and has similar Patentability grounds, especially for non-Pharmaceutical subject matters, in which the contention over 3(d) leads to a different interpretation over efficacy grounds. Furthermore, special provisions such as those provided under … Continue reading INDIAN GRANTED PATENTS…ENFORCEABLE?
Read more »Anti Cancer drug: Making it Patient-driven, not Disease-driven
Introduction: French compatriots Ipsen and bioMérieux, have been few most potential companies, since 2007 in the development of companion assay to assess patient benefit from a compound useful for treating several severe forms of cancers.Partnership between two companies has focused on the two main broad areas of pharma research: Personalized medicine and Theronostics. Personalized medicine … Continue reading Anti Cancer drug: Making it Patient-driven, not Disease-driven
Read more »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
Read more »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
Read more »“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”
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