Category Archives: Patent

Patent

Roche v. Cipla- The Sense of An Ending

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In what could possibly be the end of the Roche v. Cipla saga, Cipla has withdrawn the SLP it had filed in the Supreme Court against the Delhi High Court Order of 2015. The Apex Court allowed Cipla to withdraw its Petition owing to a settlement reached between the parties, with Cipla acknowledging the validity of Roche’s patent rights in Erlotinib Hydrochloride. Brief History The Roche v. Cipla saga concerns the patent rights in the compound Erlotinib Hydrochloride (Patent IN…


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Copyright Others Patent Trademark

Madras Bar Association challenges the constitutionality of the Finance Act, 2017 and the new tribunal rules

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As recently reported by Bar & Bench, the Madras Bar Association has filed a petition before the Madras High Court challenging the constitutionality of Sections 156 to 189 of the Finance Act, 2017 as also the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 that I had written about over here. A bench of the Madras High Court headed by Chief Justice Indira Banerjee has issued notice to the government asking it to…


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Copyright Others Patent Trademark

Government of India launches ‘Occupy the tribunals’ movement with new rules on appointments and removals of judges of the IPAB & 18 other tribunals

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On June 1, 2017 the Department of Revenue, Ministry of Finance notified in the Gazette of India, the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017. These rules were notified under Section 184 of the Finance Act, 2017. It is usually the practice of the Central Government to publish a draft of statutory rules in the Gazette and invite comments from the public before notifying such rules into the law. However…


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Competition Law Patent Unfair Competition

Apple v. Nokia – patent privateering – Will the CCI take suo moto notice?

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Last month, Apple and Nokia announced that they were settling all pending litigation with each other. In a statement available on Apple’s website, Nokia stated, “This is a meaningful agreement between Nokia and Apple,” Maria Varsellona, Chief Legal Officer, Nokia.  It moves our relationship with Apple from being adversaries in court to business partners working for the benefit of our customers.” Apple filed the first complaint against several entities, all of whom had purchased SEPs from Nokia / or were…


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Patent

Supreme Court of the US Reins In Forum Shopping in Patent Litigation

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The Supreme Court of the United States, (“SCOTUS”) in its recent decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, significantly altered patent litigation in US law by reducing the possible forums available to plaintiffs to bring infringement actions against domestic defendants. Background and SCOTUS Ruling On examining the sheer volume of patent litigation in the United States District Court for the Eastern District of Texas (“EDTX”), one might assume that it is a hotbed of innovative activity…


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Patent

143 patent infringement lawsuits between 2005 and 2015: Only 5 judgments

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Sometime ago, Aparajita and I embarked on an empirical study on the issue of Indian patent litigation. Although the paper was never written, Aparajita did dig out some very interesting statistics on the filing and pendency of patent infringement lawsuits before 5 High Courts at Bombay, Delhi, Madras, Calcutta and Gujarat for the period of 2005 to 2015 i.e. the first decade of TRIPS. As most of you may know compiling litigation data in India is quite the nightmare because…


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Patent

In a Landmark Decision, U.S. Supreme Court Clarifies Scope of Patent Exhaustion Doctrine (2/2)

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The first part of this post can be viewed here International exhaustion: The Court then delved into the question of whether the sale of a patented product abroad would also result in the exhaustion of the rights of a patentee over that product. In answering that question in the affirmative, the Court principally relied on its landmark judgment in the case of Kirtsaeng versus John Wiley and Sons which was covered on this blog here. In Kirtsaeng, the Court had…


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Patent

In a Landmark Decision, US Supreme Court Clarifies Scope of Patent Exhaustion Doctrine (1/2)

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In a landmark development earlier this week, the U.S. Supreme Court delivered a verdict that is likely to play a central role in shaping the theoretical understanding and practical application of the patent exhaustion doctrine by courts across the globe. Writing for a near-unanimous court (Justice Ginsburg disagreed with one prong of the court’s conclusion), Chief Justice Roberts ruled that: (1) a patentee is denuded of all its rights over a patented invention the moment the invention is sold in…


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Patent

Making Patents Work!

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Patent Working (or the lack of it) is one of my pet peeves. Resulting in a writ petition before the Delhi high court which unfortunately remains stuck there…without much progress. So I decided to now vent through an academic piece published in the Queen Mary Journal of Intellectual Property, founded and edited by the wonderful Prof Johanna Gibson. Thankfully, its the only article thats available for free download. So if you share this peeve (or are on the other side…


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Patent Plant Variety Protection

Intervention by Addl. Solicitor General Tushar Mehta in Monsanto-Nuziveedu appeal raises questions of propriety

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Vivian Fernandes of Smart Agriculture has brought to light a recent development in the ongoing litigation between Monsanto and Nuziveedu. As we reported earlier, Monsanto sued Nuziveedu for patent and trademark infringement before the Delhi High Court. A Single Judge of the high Court declined to grant an interim injunction and the matter was appealed to a Division Bench of the High Court. As per Fernandes, during the hearings, the Additional Solicitor General Tushar Mehta “wanted to make a voluminous…


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