Patent

QU-IP of the Week: Justice Floyd on Obviousness


Given that the IP community at large has several witty commentators and decision makers in its midst, we decided to initiate a new series called “Quip of the Week” (Quip also happens to contain “IP”, reason enough to pick this term).

So what do we have for this week? A rather provocative statement from the Hon’ble Mr Justice Floyd of the UK Patents Court (Chancery Division), who, obviously aghast at the sheer obviousness of a patent, remarks at the end of his opinion in Cephalon vs Orchid:

“The Cephalon patents are all invalid for obviousness…… Had they been valid, they would not have been infringed.”

For those interested in a review of this decision and its implications for India, see Rajiv’s thoughtful analysis here.

And if any of you come across quips that you’d like us to share through the blog, please feel free to email us.

Shamnad Basheer

Shamnad Basheer

Prof (Dr) Shamnad Basheer founded SpicyIP in 2005. He is currently the Honorary Research Chair of IP Law at Nirma University and a visiting professor of law at the National Law School (NLS), Bangalore. He is also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof Amartya Sen. Professional History: After graduating from the NLS, Bangalore Professor Basheer joinedAnand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Prof Basheer has published widely and his articles have won awards, including those instituted by ATRIP and the Stanford Technology Law Review. He is consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also serves on several government committees.

4 comments.

  1. Rajiv Kr. Choudhry

    Once the patent issued, the gun was loaded; when the targets were acquired, it was cocked; all that was left was to pull the trigger by filing a complaint.
    Judge Linn, Micron v Rambus (CAFC 2009-1263)

    Reply
  2. S

    “The claim in this case is that a few of Kimberly-Clark’s brands of toilet paper are infringing on Georgia-Pacific’s trademark design. But again, this case is about toilet paper, and who really pays attention to the design on a roll of toilet paper? “….

    Judge Evans in Georgia-Pacific Vs Kimberley-Clark (10-3519)

    well, cannot call it as a quip per se, but it indeed makes the start of the judgement in a hilarious manner and makes it interesting through out..

    Reply
  3. SooraJ

    “Clear and Present Danger” A term used by justice Oliver Wendell Holmes Jr Schenck v United States 249 U.S 47 (1919)
    An exception to freedom of speech. Not a quip per se I agree but it has an indirect\direct effect on comparative advertisement and freedom of speech.

    Reply

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