Category: patent infringement

Only Common Sense Not Sufficient to Prove Obviousness Over Prior Art

31st August, 2016 - 5:59 am Categories: News & Updates patent infringement Patent Litigation Patents

Can the grant of patent be rejected on the obviousness criteria based only on common sense? This issue has been handled by United States Court of Appeals for the Federal Circuit in the case of ARENDI S.A.R.L., Appellant v. APPLE INC., GOOGLE INC., MOTOROLA MOBILITY LLC, Appellees, decided on August 10, 2016. On December 2, … Continue reading Only Common Sense Not Sufficient to Prove Obviousness Over Prior Art

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Can Inventors Who Contribute to Only One Claim or One Aspect of One Claim of a Patent, may be Listed on Patent?

31st August, 2016 - 5:42 am Categories: News & Updates patent infringement Patent Litigation Patents

This question was handled by United States Court of Appeals for the Federal Circuit in the case of VAPOR POINT LLC, KEITH NATHAN, KENNETH MATHESON, Plaintiffs-Cross-Appellants DON ALFORD, JEFFEREY ST. AMANT, Counterclaim Defendants-Cross-Appellants v. ELLIOTT MOORHEAD, NANOVAPOR FUELS GROUP, INC., BRYANT HICKMAN, Defendants-Appellants, decided on August 10, 2016. Vapor Point, L.L.C., Keith Nathan (“Nathan”), and … Continue reading Can Inventors Who Contribute to Only One Claim or One Aspect of One Claim of a Patent, may be Listed on Patent?

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Federal Circuit Rules 180-Day Post-Licensure Notice is Mandatory in Biosimilar Litigation

11th July, 2016 - 4:37 am Categories: IP Litigation News & Updates patent infringement Patent Litigation Patents Pharma/Biotech Patent Litigations

In Amgen v. Apotex (No. 2016-1308), the US Court of Appeals for the Federal Circuit on July 5, 2016 affirmed a district court’s ruling that a biosimilar applicant must provide a reference product sponsor with 180 days’ post-licensure notice before commercial marketing of a biosimilar product begins, regardless of whether the applicant provided the § … Continue reading Federal Circuit Rules 180-Day Post-Licensure Notice is Mandatory in Biosimilar Litigation

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Medecins Sans Frontieres (msf) Challenges Pfizer’s Patent Application on Pneumonia Vaccine in India

18th March, 2016 - 1:20 pm Categories: India News & Updates patent infringement Patents pharma

Médecins Sans Frontières (MSF) also known as Doctors Without Borders, an international humanitarian-aid non-governmental organization, has filed a pre-grant opposition in India to prevent US pharmaceutical company “Pfizer” from getting a patent on the pneumococcal conjugate vaccine (PCV13, marketed as Prevenar 13®). Prevenar 13® is the world’s largest selling vaccine for infants and toddlers, that … Continue reading Medecins Sans Frontieres (msf) Challenges Pfizer’s Patent Application on Pneumonia Vaccine in India

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Intersection between Intellectual Property (IP) and Competition Law

4th January, 2016 - 5:03 am Categories: India News & Updates patent infringement Patent Litigation Patents

With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is … Continue reading Intersection between Intellectual Property (IP) and Competition Law

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Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) against Cipla

30th November, 2015 - 4:31 am Categories: India News & Updates patent infringement Patents pharma

A division bench of Delhi High Court on 27th Nov 2015 held that the Indian drug manufacturer Cipla infringed Swiss pharmaceutical company Roche’s patent on Erlotinib hydrochloride, marketed under the name of “Tarceva”. Roche was granted a patent in India on Erlotinib hydrochloride (Tarceva) in 2007. Roche sued Cipla for patent infringement in January 2008 … Continue reading Delhi High Court Upholds Roche’s Patent Claims on Lung Cancer Drug (Tarceva) against Cipla

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Research Exemption in Indian Patent Law

15th October, 2015 - 4:34 am Categories: India News & Updates patent infringement Patents pharma

The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The general idea behind this exemption is that it sets boundaries to patent holder rights such that the patent holder cannot prevent third parties from undertaking certain activities with respect to the patented invention. In pharmaceutical … Continue reading Research Exemption in Indian Patent Law

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Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)

27th July, 2015 - 7:22 am Categories: India IP Litigation News & Updates patent infringement Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

The High Court of Delhi has passed an interim order wherein the Justices have made it clear that the appellant (Glenmark) may use any other process which may be a development of Glenmark process / Upjohn process so long as it does not infringe the patented processes of the respondent (Symed). Background: Symed Laboratories Ltd. … Continue reading Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)

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Section 3(D) of Indian Patent Act Strikes Again

27th July, 2015 - 5:24 am Categories: India News & Updates patent infringement Patent Opposition Patents pharma Section 3(D)

India revoked yet another drug patent granted to a German MNC, Boehringer Ingelheim, for its respiratory drug, Spiriva (crystalline tiotropium bromide monohydrate) at a time when the US is putting pressure on the Indian government for not providing adequate patent protection to multinational drug companies. In its decision, the patent office held that Boehringer failed … Continue reading Section 3(D) of Indian Patent Act Strikes Again

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Parallel Imports

17th July, 2015 - 11:19 am Categories: IP Litigation News & Updates patent infringement Patents Trademark

A company sets different price for its products for different countries as per the requirements. Parallel Imports come about when there is a Currency and Tax Difference between two countries as stated above, encouraging people to import products from one country and sell it off in the other country to earn profit (For example: a … Continue reading Parallel Imports

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