Category: Patent Litigation

Understanding the Impact of Patent Pooling on Competition Law Policy

14th September, 2024 - 6:32 am Categories: Competition Law Patent Litigation Patents

Patent pooling is a form of arrangement by which entities can bring in the rights associated with a patented invention to interdependent or complementary economic exploitation. By such an arrangement, different patent holders can unify their rights with the means of production and distribution, that is, licensees, to the market that has the relevant demand. … Continue reading Understanding the Impact of Patent Pooling on Competition Law Policy

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Allergan Inc vs The Controller of Patents

2nd May, 2023 - 6:31 am Categories: Patent Litigation

Introduction 13th August, 2012: Allergan Inc (“Appellant”) applied to the Patent Office, New Delhi, for the grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS” stating 20 claims. 06th November, 2017: The Controller of Patents (“Respondent”) objected the application by informing the Appellant that the subject matter is not patentable as under section … Continue reading Allergan Inc vs The Controller of Patents

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Patent Litigation : Need of Specialized Patent Trial Courts in India

9th January, 2023 - 9:56 am Categories: Patent Litigation

INTRODUCTION Intellectual Property Rights, a set of technical rights giving rise to exceptionalism under patent law which has increasingly become a specialized field. The problem of abusive patent litigation has diverted the patentee’s attention from innovation to fighting against “patent trolls”. Through this research article, the authors try to emphasis on the need of judicial … Continue reading Patent Litigation : Need of Specialized Patent Trial Courts in India

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Khurana & Khurana Opens Jalandhar (Punjab) Office

11th May, 2019 - 11:55 am Categories: Copyright Copyright Infringement Copyright Litigation Corporate Law Fashion Law Intellectual Property IP Commercialization IP Licensing IP Litigation Licensing Media & Entertainment Law NCLT Patent Filing patent infringement Patent Litigation Patent Opposition Patents Trademark Trademark Litigation

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar, w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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Hetero’s Subsidiaries not infringing Roxane’s patent on PhosLo

14th December, 2016 - 6:56 am Categories: Hi Tech Patent Litigation India IP Practice in India News & Updates Patent Litigation Patents

In Roxane Laboratories, Inc. (hereinafter referred to be as “Roxane”) v. Camber Pharmaceuticals Inc., et al. (hereinafter referred to as “Camber”) decided by United States Court of Appeals for the Federal Circuit on November 17, 2016, Roxane had appealed against decision of district court in an infringement suit against Camber and Invagen Pharmaceuticals Inc (collectively … Continue reading Hetero’s Subsidiaries not infringing Roxane’s patent on PhosLo

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Does Focusing on Single Embodiment Limits the Patent Specification?

31st August, 2016 - 6:14 am Categories: News & Updates patent infringement Patent Litigation Patents

This issue was handled by the United States Court of Appeals for the Federal Circuit in the SCRIPTPRO LLC, SCRIPTPRO USA, INC., Plaintiffs-Appellants v. INNOVATION ASSOCIATES, INC., Defendant-Appellee decided on August 15, 2016. This was an appeal from the United States District Court for the District of Kansas in No. 2:06-cv-02468-CM, Judge Carlos Murguia. United … Continue reading Does Focusing on Single Embodiment Limits the Patent Specification?

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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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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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