Sun Pharmaceuticals Industries vs. DWD Pharmaceuticals
Introduction The trade mark “FORZEST” was created and adopted by the plaintiff’s predecessor-in-interest, “Ranbaxy Laboratories Ltd.” in 2003. It was registered in Class 5 for “pharmaceutical and medicinal preparations for human and veterinary use.” The Trade Mark Registry identified the plaintiff as the later owner of the aforementioned trademark. The plaintiff claimed that the defendant’s … Continue reading Sun Pharmaceuticals Industries vs. DWD Pharmaceuticals
Read more »IP Waiver and Its Applicability in The Contemporary Times: Part II
INTRODUCTION As discussed in part I of the blog, an IP waiver “removes” intellectual property protection for a limited time. India and South Africa had come up with an initiative that proposes that countries have the option of not applying patents and other intellectual property related to health products and technologies, such as therapeutics, diagnostics, … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part II
Read more »IP Waiver and Its Applicability in The Contemporary Times: Part I
INTRODUCTION Intellectual Property Rights vest with the owner of any intellectual property. Intellectual property includes any property which comes out as a creation of the human mind. It could involve the biggest invention or any innovation done to solve a problem prevailing in society. These rights are provided to the inventor in many different forms … Continue reading IP Waiver and Its Applicability in The Contemporary Times: Part I
Read more »Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
Read more »Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK
After anti–influenza drug Tamiflu (Oseltamivir Phosphate) and antiretroviral drug Viread, Gilead Sciences is again back in news, this time with its hepatitis C (HCV) drug Sofosbuvir. Like Tamiflu and Viread pre-grant opposition, Sofosbuvir patent application is also facing pre-grant opposition. Non-profit group I-MAK (Initiative for medicines access and knowledge) has filed a pre-grant opposition against … Continue reading Sofosbuvir: The Next Pre-Grant Opposition Target by I-MAK
Read more »Sun Pharmaceuticals v. Eli Lilly: Doctrine of Obviousness-Type Double Patenting
16th December, 2010 - 8:38 am
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Patent Litigation
Pharma/Biotech Patent Litigations
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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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