Category: Patent Litigation

Patent laws on Genes and Gene Sequences

2nd October, 2011 - 12:22 pm Categories: IP Practice in India Patent Litigation Pharma/Biotech Patent Litigations

Advancement in science and genetic application, with enhanced knowledge of Human Genome has been the main focus in the field of medicine and biotechnology areas. Continuous and ongoing researches in genome project, identifying specific target genes and their respective response and functional activities, have evolved genetic therapeutics in treatment of multifactor disorders such as heart … Continue reading Patent laws on Genes and Gene Sequences

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Nokia & IPCOM

1st August, 2011 - 8:07 am Categories: Patent Litigation

The claimant, Nokia Corporation, seeks revocation of European Patent (UK) No. 1 841 268 (“the patent” or “268”) which belongs to the defendant IPCom. This action is yet another stage in the litigation which is pending in a number of jurisdictions in relation to the mobile telephony patent portfolio which IPCom purchased from Robert Bosch … Continue reading Nokia & IPCOM

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ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)

18th June, 2011 - 7:02 am Categories: IP Practice in India Patent Litigation

This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and is setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what … Continue reading ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)

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Clear and Convincing …Says US Apex

18th June, 2011 - 6:22 am Categories: Patent Litigation

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

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BRUCE N. SAFFRAN Vs. JOHNSON & JOHNSON and CORDIS CORPORATION

3rd June, 2011 - 8:48 am Categories: Patent Litigation Pharma/Biotech Patent Litigations

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

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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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Soy Meal a “Dead Material”- No Functional DNA

27th January, 2011 - 1:01 pm Categories: Patent Litigation Pharma/Biotech Patent Litigations

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

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“Clear and Convincing Evidence”

10th January, 2011 - 5:58 am Categories: Patent Litigation

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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Claim Construction – Interpretation to Determine Obviousness

10th January, 2011 - 5:56 am Categories: Patent Litigation

The present case relates to reexamination (Reexamination No. 90/008,482) of US Patent No. 5, 236, 503, referred to as ‘503 hereinafter. The concerned Applicant GLATT AIR TECHNIQUES, INC. (referred to as Glatt hereinafter) appealed against the order of the Board of Patent Appeals and Interferences, which was decided on 5’th Jan 2011. As an introduction, … Continue reading Claim Construction – Interpretation to Determine Obviousness

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Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting

16th December, 2010 - 8:38 am Categories: Patent Litigation Pharma/Biotech Patent Litigations

A remarkable latest change in the Patentability has risen from the decision of the Federal Circuit in the case Sun Pharmaceuticals v. Eli Lilly, over the later’s patent that claimed the use of gemcitabine (GEMZAR), a drug to treat cancer. Sun Pharma moved to lower court to invalidate this patent on the grounds of obviousness-type … Continue reading Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting

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