Patent

Selective reporting by the Business Standard, the Hindu and the Financial Express in the Kibow patent litigation


downloadThe Business Standard, the Hindu and the Financial Express carried similar stories on a recent decision of the IPAB, dated November 13, 2013 revoking Indian patent no: 205478 belonging to Kibow Biotech Inc. for “Prebiotic and Probiotic Compositions and Methods for their Use in Gut-Based Therapies” on the basis of a petition filed by La Renon Health Care Pvt. Ltd. an Indian company based out of Gujarat. The order can be accessed over here.

However all three newspapers failed to report that a different patent bearing number 224100 for “Compositions for Augmenting Kidney Function”, owned by Kibow Biotech Inc. and also challenged by Renon Health Care was in fact upheld by the IPAB in a judgment on the same day. This order can be accessed over here. As I understand the patents, the second patent is the more significant patent since it covers a product while the former covers only a process.

I’m not sure why these newspapers reported only one order while keeping quiet on the second order.

Both parties are also involved in a patent infringement lawsuit before the Madras High Court which is yet to conclude.

We will bring to you a detailed analysis of both orders in a later post.

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

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