Author name: Rajiv Kr. Choudhry

Rajiv did his engineering from Nagpur University in 2000 in electronics design technology. He has completed his LL.B. from Delhi University, Law Center II in 2006, while working as an engineer at ST Microelectronics in NOIDA. After his LL.B., he went on to The George Washington Univeristy, Washington DC to do his LL.M. in 2007. After his LL.M., he has worked in the US at a prestigious IP law firm based out of Philadelphia. Till 2014, he was Of-Counsel to a Noida based IP law firm where he specialized in advising clients on wireless, telecommunication, and high technology. Rajiv is the founder of Tech Law Associates, a New Delhi based law firm specializing in IP law, with a focus on high - technology, and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. He is also an inventor with pending applications in machine-to-machine communications domain (WO2015029061).

Del HC Clarifies that No Infringement Action is Maintainable in Respect of a Revoked Patent

/ By / Patent

A recent decision by Justice Prathiba Singh of the Delhi High Court, in the case brought in by Novartis AG against Natco this year, reiterates the black letter law regarding non-maintainability of infringement actions in respect of unregistered or revoked patents. Section 62(2) read with Section 11A(7) of The Patents Act, 1970 provides that “No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent …

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CJEU Ruling in Pelham v. Hutter : If Sample Recognizable, Then It Infringes, No Matter How Small!

/ By / Copyright

Recently, the Court of Justice of the European Union (CJEU) issued a ruling as relates to copyright in music. A short media summary of the ruling can be viewed here and the full text can be viewed here. The decision was issued in context of a song created by the group ‘Kraftwerk’. Kraftwerk claimed that that a song ‘Nur Mir’ used a small sample (2 seconds) of their work in continuous loop.  The CJEU held in Kraftwerk’s favour holding, “Sampling …

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US Court Grants Federal Trade Commissions Motion: Qualcomm Must License Any Willing Company, Including Rival Chip Makers

/ By / Competition Law, Patent

This is a monumental development: Judge Lucy H. Koh of the  Northern District of California has held that Qualcomm must license any willing licensee – this includes rival chipmakers, such as MediaTek or Intel or any other player.  This is huge: Qualcomm admittedly had never licensed any of its competitors.   Hence the decision may be read to hold that Qualcomm is in breach of its FRAND commitments. In my view, this judgement is also valuable from another perspective: Whether chipsets can …

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An Oxymoron by Definition – The Decision by UK Court of Appeal in Unwired Planet v. Huawei

/ By / Competition Law

A Google search throws up some amusing examples when one searches for oxymoron examples.           The recent decision by the UK Court of Appeal in Unwired Planet v. Huawei (click here) is exactly that.  Why, would you ask? Because on one hand there is Brexit and on the other hand this judgement-it seeks to enforce those patents that are not under its own jurisdiction.  Ergo-oxymoron.  Perhaps some part of the judgement seems to be yearning for …

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IPO Grants Patent to Brodalumab

/ By / Drug Regulation, Patent

Last week, our IPO granted a patent to Amgen covering the drug Broadlumab.  Brodalumab is a human monoclonal antibody designed for the treatment of inflammatory diseases including psoriasis  In the United States, Broadlumab is known as Siliq and in Europe it is Kyntheum. The application for Broadalumab was filed as a PCT application – PCT/US2007/021174 (click here to see the page on WIPO – Patentscope) and was accorded application number: 2350/CHENP/2007. One can see the entire file on this link – https://www.quickcompany.in/patents/il-17-receiptor-a-antigen-binding-proteins Sandeep Rathod – …

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US Supreme Court Upholds Post Grant Challenge Process to Patents

/ By / Patent

Yesterday’s decision by the United States Supreme Court (USSC) in Oil States Energy Services v. Greene’s Energy Group et al. upholds the legality of the post grant review process at the Patent Trial and Appeals Board.  The review process was initiated for the first time in US patent law history by the America Invents Act in 2011. Procedural History:  The Appellant / Oil States had a patent relating to tech. for equipment used in hydraulic fracturing.  It sued Greene’s Energy Group for infringement at district …

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Determination of FRAND royalty – TCL v. Ericsson LM

/ By / Competition Law, Patent

In my first posts in 2017, I had discussed various FRAND / SEP issues that were raised in the Qualcomm matters in Korea, and the US.  I end the year with a similar post on FRAND issues.  Together these decisions bring clarity to what is FRAND and hopefully will help the Indian brands as well in their litigation against SEP owners.  This post arises from the determination of FRAND rates in TCL Mobile Limited, and TCT Mobile v. Telefonaktiebolaget LM Ericsson, Case …

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Determination of Patent Eligible Subject Matter: A Comparison of US and India

/ By / Patent

This post compares a current US case law relating to patent eligibility of computer implemented methods and compares with an example Indian case decided by a Controller.  It is startling to see how far the US patent law has come in defining abstract things (US 101) that are not patent eligible.  Let me explain more, for example, the US Federal Circuit has defined that claims dealing with data collection / identification of unwanted files / collection and analysis of information …

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Technology Meets TM – Introducing Quickcompany

/ By / Trademark

It gives me great pleasure to introduce Quickcompany.in to our readers.  Quickcompany is the first company I know that provides data based trademark and company related services in India.  Let me explain more: Quickcompany has managed to recreate almost the entire Indian trademark related data by using various techniques – some of these techniques involved putting multiple teams of people to manually download vast amounts of data.  Other’s involve creation of proprietary algorithms working on server based systems to fetch somewhat …

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TRAI Invites Comments on Patents Act, FRAND | Views on Inter Agency Co-Operation

/ By / Competition Law, Patent

Last week, the Telecom Regulatory Authority of India (TRAI) issued a consultation paper on promoting local telecom equipment manufacturing in India and invited comments from readers.  I believe that this is a great opportunity for all stakeholders to provide their comments to the TRAI.  The paper may be downloaded from here or by going to the TRAI site and then at publications / consultation papers. The deadline for submitting comments is 16.OCT.2017 and may be emailed to arvind[AT]trai{dot}gov{dot}in and bharatgupta{dot}[email protected]{dot}com …

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