Tag: revocation

Liabilities of an Infringer in an Infringement Suit: A Case Analysis

17th December, 2021 - 11:07 am Categories: Intellectual Property

Introduction: In the recent judgment of the Delhi High Court dated 13th December 2021, it was observed that “When an infringer seeks to defend patent infringement on the ground that the patent is invalid, the onus to prove the invalidity of patent lies heavily on an infringer and this standard has to be met when … Continue reading Liabilities of an Infringer in an Infringement Suit: A Case Analysis

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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

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REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

13th February, 2017 - 5:30 am Categories: India Patents

This article focuses on the revocation proceedings which is one of the mechanisms available for annulations of Patents in India. What is revocation of a patent? When a patent has been sealed or granted, it is not always the case that the patent shall stay unhindered by any third party till the life of the … Continue reading REVOCATION OF PATENTS ACCORDING TO INDIAN PATENT ACT, 1970: INSIGHT

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Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

18th October, 2016 - 4:30 am Categories: India News & Updates Patent Opposition Patents

Patent Act, 1970 provides opposition/ revocation mechanisms to make sure that undeserving Patents are not granted in contravention of the provisions of the Act and if they are granted, they can be opposed/ revoked. Grant of patent can be opposed before as well as after grant of patent. Relevant sections for different mechanisms, locus standi, … Continue reading Post-grant opposition and revocation proceedings under Indian Patent Act: what is better?

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Revocation of Valganciclovir patent by Controller of Patents, Chennai

1st August, 2015 - 9:46 am Categories: IPAB IPAB Decisions News & Updates Patent Opposition Patents pharma Pharma/Biotech Patent Litigations Section 3(D)

Recently in a matter remanded from IPAB to Controller of Patents, Chennai, a decision of revoking Roche’s patent IN207232 for Valganciclovir was delivered after hearing both the parties. The subject patent was granted on January, 2009 followed which post grant oppositions were separately filed by CIPLA, Matrix, Ranbaxy and Bakul Pharma along with two NGOs … Continue reading Revocation of Valganciclovir patent by Controller of Patents, Chennai

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CIPLA’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

17th December, 2014 - 8:25 am Categories: India IP Litigation IP Practice in India News & Updates Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

As reported in TOI, the Indian Government has found very little merit in Cipla’s plea for waiver and cancellation of Patent rights for chronic obstructive pulmonary disease (COPD) drug over which Novartis has exclusive rights. We have reported on Cipla’s plea here. Background: Cipla, previously approached the Department of Industrial Policy and Promotion (DIPP) to … Continue reading CIPLA’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

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Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

1st November, 2014 - 5:27 pm Categories: India IP Litigation IP Practice in India News & Updates Patent Litigation Patents pharma Pharma/Biotech Patent Litigations

It has been recently reported in Economic times that Cipla has filed representation with the government (Department of Industrial Policy & Promotion) seeking revocation of five patents of Novartis on indacaterol, a respiratory drug for the treatment of chronic obstructive pulmonary disease (COPD) and marketed as Onbrez by Novartis. The central government, under section 66 … Continue reading Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

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Central Government’s power of Revocation of Patent in Public Interest

2nd January, 2014 - 3:10 am Categories: IP Litigation IP Practice in India Patent Litigation Patents

Gopikrishnan M and Akash Patel, interns at Khurana and Khurana, Advocates and IP Attorneys, looks at Central Government’s power of Revocation of Patent in Public Interest. The Indian Patent Act,1970(hereinafter Act) empowers the Central Government to revoke any patent granted by the Indian Patent Office if it feels that the said patent is prejudicial to public … Continue reading Central Government’s power of Revocation of Patent in Public Interest

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GSK’s patent on lapatinib ditosylate revoked by IPAB

8th August, 2013 - 9:36 am Categories: IP Practice in India Pharma/Biotech Patent Litigations

GSK’s granted patent IN221171 (‘171) on lapatinib ditosylate (marketed as Tykerb), a tyrosine kinase inhibitor for treating breast cancer, was revoked by IPAB by its order of 27th July, 2013. A revocation application was filed by Fresenius Kabi Oncology Limited. The patent is revoked on ground of non-compliance with S.3d alone on basis of no … Continue reading GSK’s patent on lapatinib ditosylate revoked by IPAB

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Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

16th July, 2012 - 5:36 am Categories: IP Practice in India News & Updates Patent Litigation

This article relates to a recent judgement of IPAB on 12’th July 2012 on revocation of an Indian Patent IN 195937, wherein certain interesting aspects relating to developing standards for revocation under Section 8 of the Indian Patent Act, 1970 have been discussed and put forth, quite strongly!! Case Summary: In summary, the case relates … Continue reading Tata Chemicals vs. Hindustan Unilever Limited Revocation Proceeding for IN 195937: Would compliance of Section 8 become a nightmare for Patent Applicants?

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