Tag: patent

Tesla Motors Decide to Open Source their Patents

19th July, 2014 - 11:44 am Categories: News & Updates Patents

On June 12th 2014, Elon Musk, CEO and Chief Product Architect of electric car company Tesla Motors announced that Tesla Motors will let other companies use its inventions under an open source inspired agenda at the company. This is how Elon Musk put it in his blog post- “Tesla will not initiate patent lawsuits against … Continue reading Tesla Motors Decide to Open Source their Patents

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Patent Trolling and Fee-Shifting

27th May, 2014 - 10:06 am Categories: News & Updates Patent Litigation Patents

Manish Kumar, intern at Khurana and Khurana, Advocates and IP Attorneys, looks at ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had discretion of awarding reasonable attorney fees to the prevailing party … Continue reading Patent Trolling and Fee-Shifting

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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

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

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M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

22nd May, 2014 - 8:13 am Categories: India IP Litigation IP Practice in India IPAB IPAB Decisions News & Updates Patents

Takshasheel Bouddha, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel &The Controllers of Patents & Designs. This judgment is with respect to Section 64 of Patent Act, 1970. Introduction: The dispute was regarding of two patents i.e. Patent No.189027 and Patent … Continue reading M/s Aditi Manufacturing Company v/s Mr. Bharat Bhogilal Patel , Section(64) patent act, 1970

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Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

7th March, 2014 - 12:31 pm Categories: IP Practice in India IPAB Decisions News & Updates Patents

Trastuzumab/Herceptin has been amidst several controversaries off lately and this time it is regarding a biosimilar which has jointly been manufactured by Biocon and Mylan. Background Roche’s breast cancer drug Herceptin sold under the brand names HERCEPTIN, HERCLONTM and BICELTIS is a biological drug used primarily for the treatment for human epidermal growth factor receptor … Continue reading Roche sues Biocon and Mylan over biosimilar version of Herceptin in India

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Applicability of the principle “Proof of the right” to Conventional application

29th January, 2014 - 5:31 am Categories: IP Practice in India IPAB Decisions News & Updates Patents

This article relates to a recent judgment of IPAB in the case “NTT DoCoMo Inc. Vs The Controller of Patents and Designs” for a patent application No. 794/CHE/2006 which was refused to proceed further by the Indian patent office. Brief summary of the case In summary, the application relates to “TRANSMISSION RATE CONTROL METHOD AND … Continue reading Applicability of the principle “Proof of the right” to Conventional application

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A Change in Year Brings Change in IP Laws and Policy

3rd January, 2014 - 12:26 pm Categories: IP Practice in India News & Updates Patents

The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century. The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual … Continue reading A Change in Year Brings Change in IP Laws and Policy

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IPAB: Nature of Jurisdiction, Power and Authority

2nd January, 2014 - 5:17 am Categories: IP Litigation IP Practice in India IPAB Decisions Patent Litigation Patents

Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power … Continue reading IPAB: Nature of Jurisdiction, Power and Authority

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Microsoft’s Acquisition of Nokia

7th September, 2013 - 12:29 pm Categories: News & Updates

This is one of the most interesting and important news in technology sector. In case you missed it, the story is: Microsoft and Nokia announced on September 3 that Microsoft would be buying Nokia’s handset business and licensing various patents for about $7 billion. Many industry experts have already started debating about Microsoft’s acquisition of Nokia’s handset … Continue reading Microsoft’s Acquisition of Nokia

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Monsanto’s Patent on Method of Producing Transgenic Plants refused by IPAB

9th July, 2013 - 11:48 am Categories: News & Updates Pharma/Biotech Patent Litigations

Monsanto’s Indian patent application 2407/DEL/NP/2006 on transgenic plants with heat/salt/draught tolerant plants is rejected by IPAB. The subject patent application is directed to a method of producing a draught/stress/heat/salt/drug tolerant transgenic plants by inserting a recombinant DNA molecule that expresses a cold shock protein CspA or CspB. The subject patent application was rejected by the … Continue reading Monsanto’s Patent on Method of Producing Transgenic Plants refused by IPAB

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