Category Archives: Patent

Patent

In a Significant Decision, ICSID Rejects Eli Lilly’s Claim that the Utility Standard under Canadian Patent Law has Undergone a Dramatic Shift


In a widely reported decision, the International Centre for the Settlement of Investment Disputes Tribunal (hereinafter “the ICSID”) last week dismissed Eli Lilly’s claims against Canada under the North Atlantic Free Trade Agreement (NAFTA) founded upon a purported change in the utility standard for establishing patentability under Canadian law. In its 159-page judgment, the Tribunal squarely rejected the company’s claim that Canadian courts radically altered the interpretation of the utility standard claim for patenting between 2002 and 2008 that operated…


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Patent Plant Variety Protection

Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?


We are pleased to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. We had earlier published two guest posts by him here and here. Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims? Essense Obhan As has already been reported on SpicyIP and the mainstream media, Monsanto and Indian seed companies are involved in a series of lawsuits against each other…


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Patent

SpicyIP Fellowship 2017-18: Del HC Upholds Interim Injunction Against Sale of Cipla’s Copy of Novartis’ Respiratory Drug ‘Onbrez’


We are pleased to bring to you a guest post by our Fellowship applicant, Shweta Rankhambe. This is her first submission for the Fellowship. In this post she discusses the Delhi High Court’s recent judgment upholding an injunction order passed by the Single Judge in 2015 which temporarily restrained Cipla from manufacturing and selling a generic version of Novartis’ patented respiratory drug ‘INDACATEROL’ (sold as ‘Onbrez’). The judgment is significant in that it acknowledges ‘public interest’ as a separate factor…


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Patent

Delhi HC Seeks Explanation for Denial of Xtandi Patent


The Delhi High Court passed a pertinent order on 2nd March, 2017 in the case of The Regents of the University of California v. Union of India (read the order here). While the order does not go into details, and merely directs the counter-affidavit to be filed within four weeks, media reports indicate that the Court has asked the Centre to explain on what basis the Indian Patent Office rejected the University’s patent application for Xtandi, their prostate cancer drug….


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Geographical Indication Innovation Others Patent

SpicyIP Fellowship 2017-18: Where are the Women in IPR? Still a Long Way to Go


  On the occasion of International Women’s Day, we are pleased to bring to you a guest post on gender and IP by our Fellowship applicant, Afreen Hashmi. This is her first submission for the Fellowship. Our earlier posts on this theme can be viewed here and here. Where are the Women in IPR? Still a Long Way to Go Afreen Hashmi James Watt invented steam engines, Alexander Graham Bell invented the telephone, the Wright Brothers invented aeroplane; whereas Thomas Edison…


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Patent

Del HC Allows Natco to Export Bayer’s Nexavar under the Bolar Exemption


In a significant development today, Justice Endlaw of the Delhi High Court held that ‘export’ of a patented invention for experimental purposes is also covered under Section 107A of the Patents Act, 1970 (India’s Bolar exemption) and thus does not amount to patent infringement. It accordingly allowed Natco to export Bayer’s patented drug ‘Sorafenib Tosylate’ (for which it was granted a compulsory license in 2012) to China for the purpose of conducting development/ clinical studies and trials. It rejected Bayer’s…


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Competition Law Patent

Charging for Expired Patents: The How and Why the Practice Should Stop


This is a continuation of my previous post where I had briefly referred to charging for expired patents.  This post goes in greater detail in the issue. If I were to summarize this post, it would be: Portfolio licensing and FRAND commitments do not go together.  This post also highlights why it is important to keep the historical context in mind while dealing with 20 year monopolies as those of us who forget history are condemned to repeat it. A…


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Patent

Delhi HC Self-Corrects on Public Interest in Pharma Injunctions


Last week, we examined a new articulation of the public interest standard for the grant of interim injunctions in pharma patent litigation. In Bayer v. Ajanta, Justice Gauba of the Delhi HC held that commercial exports of prima facie infringing products covered by a non-worked Indian patent did not merit injunctive relief, on the ground that such exports generated employment and tax revenue for the state, and it was therefore in the public interest to allow them to continue. There are obvious…


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Patent

PTAB Upholds Grant of Patent to Broad Institute over CRISPR Gene-Editing Technique; Holds that it Does not Constitute Interference


In a development that is likely to have far-reaching ramifications in the field of gene editing, the US Patent Trial and Appeals Board (PTAB) put to rest a thorny controversy surrounding the patenting of the CRISPR Cas-9 method of gene editing last week. The verdict comes in the wake of a hotly contested battle between UC Berkeley and the Broad Institute at MIT and Harvard as to who owns the patents over this gene-editing technique. In the paragraphs that will…


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Patent

Ministry of Finance Reiterates its Decision not to Grant Benefits of Flexible Complementing Scheme to Patent Office Employees


Few would disagree with the broad proposition that the success of the patent system is contingent upon a well-functioning patent office, manned by technically competent examiners and controllers. To this end, two issues that have often been at the forefront of most discussions about the strategies that can be adopted to achieve this objective have been the need to recognize the patent office as a scientific and technical organization and, as a logical corollary, to make the modified flexible complementing…


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