Patent

University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’


For the fourth time in past two months the IPAB allowed an appeal against the order of the Controller and granted patent in favor of the appellant. The IPAB through order dated 25th August, 2020, (pdf) allowed an appeal against the Controller of Patents’ (Respondent) rejection of  the University of Miami’s (Appellant) application over a pharmaceutical composition comprising “Topical Co-enzyme Q10 (CoQ 10) Formulations and Methods of use” for treatment of cancer. Among other reasons, the Controller had deemed that…


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Trademark

A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine


In an interesting scenario that perhaps adds to the mounting pile of evidence of ex-parte interim injunctions being problematic, the Delhi High Court on 9th September, 2020, modified an ex-parte interim injunction order after finding that the plaintiff concealed material facts during the hearing. The initial order had estopped the defendants, Sujata Electronics (defendant no. 1), its manufactures (defendants no. 2 & 4), and its dealers (defendant no. 3) from manufacturing, importing, selling any products under the mark ‘SUJATA’. And…


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