obviousness | Khurana and Khurana

Patent Revocation Through Counterclaims: Trends And Practices In India

13th June, 2019 - 5:26 am Categories: Legal Issues

We at Khurana & Khurana, have received numerous queries regarding the filing of counterclaims to evoke revocation of patents in India. To address the same, Utkarsh Mishra & Abhijeet, our interns have analyzed a few exemplary judgments to make the trend and the position clear with respect to such revocations. It is pertinent to mention … Continue reading Patent Revocation Through Counterclaims: Trends And Practices In India

Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

22nd May, 2014 - 10:34 am Categories: India IP Litigation News & Updates Patent Litigation Patents Pharma/Biotech Patent Litigations

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Introduction A lot has been discussed on the Novartis ruling indicating much higher standards of patentability under Indian law under section 3d. The ruling decided that any new form of known compound (in medicine) would be patentable only if there is enhanced ‘therapeutic efficacy’ over the known compound. Post Novartis ruling, a couple of patent … Continue reading Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

Inherent Anticipation: In re Montgomery

3rd July, 2012 - 6:04 pm Categories: Patent Litigation

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The Federal Circuit in this case addressed the issue of anticipation by inherency in the context of method of treatment claims. The panel affirmed that a claim to ‘a new use for a known compound’ was inherently anticipated by a reference which disclosed a plan for a proposed clinical trial that had not been carried … Continue reading Inherent Anticipation: In re Montgomery

Claim Construction – Interpretation to Determine Obviousness

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

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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

Actavis and Novartis

15th April, 2010 - 3:52 am Categories: Patent Litigation Pharma/Biotech Patent Litigations

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ACTAVIS’ “EXPECTATION OF SUCCESS” AFFIRMED ACTAVIS UK vs NOVARTIS AG The High Court, Court of Appeal has recently upheld a decision on Appeal from the High Court, Patents Court, that the Novartis’s European Patent (UK) 0948320, a sustained release formulation of Fluvastatin (a Cholesterol lowering drug), is invalid on the ground of obviousness. Earlier in … Continue reading Actavis and Novartis

Tag: obviousness

Patent Revocation Through Counterclaims: Trends And Practices In India

Why Protecting Patents in India is Giving Hard Time to Drug Patent Holders

Inherent Anticipation: In re Montgomery

Claim Construction – Interpretation to Determine Obviousness

Actavis and Novartis

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