Category Archives: Patent

Patent

Federal Circuit Adds More Clarity (or Confusion) in Amgen v. Sanofi


We are pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an Advocate with Lakshmikumaran & Sridharan, New Delhi, primarily assisting clients as a litigation attorney. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. A major portion of his time is spent, practicing in the areas of IP & Technology Laws as well as in International Trade Law. His expertise also extends to…


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Patent

The Cloak of Confidentiality Over the Ericsson Patent Litigation Before the Delhi High Court


As discussed in my previous post, a lot of strange things have taken place in the patent litigation initiated by Ericsson against companies like Micromax, Gionee, Lava etc. For whatever reason, the judges of the Delhi High Court have thought it completely okay to cast aside the procedural safeguards in the law to grant Ericsson remedies that the company is simply not entitled to in law. A related issue, which in my opinion is of serious concern is the ease…


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Competition Law Patent

Thoughts on Regulatory Tussles Involving CCI – III


[*Long post] Earlier posts – Thoughts on Regulatory Tussles Involving CCI – I & Thoughts on Regulatory Tussles Involving CCI – II [Continuing…..] Delhi HC judgment on Telefonaktiebolaget LM Ericsson v. Competition Commission of India and Anr Issues Is there an irreconcilable conflict between the Competition Act and Patents Act? and Is it possible to construe both the Acts harmoniously? Judgment  An inconsistency or repugnancy in statutes cannot be readily inferred and any interpretation that leads to such conflict must, as…


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Patent

IPO Takes Steps to Improve Access and Enhance Data Sharing


Over the past month, I’ve written about efforts by the Copyright Office to improve access, stakeholder participation and democratize the copyright filing system (see here and here). It appears the office of the CGPDTM (hereinafter, Indian Patent Office or IPO) has also been making efforts to improve access and streamline data sharing. Weekly Release of FER Data BananaIP reports that the IPO will now be publishing in its weekly journal, a list of applications against which FERs have been issued…


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Patent

Mannivanan v. IPAB & Ors.: Of Revocation, Anticipation and An Abandoned Patent Application


We are happy to bring to you a guest post on a recent Madras HC decision in a patent case by Rishabh Anjay Mohnot. Rishabh is a 3rd year student at NUJS, Kolkata. Mannivanan v. IPAB & Ors.: Of Revocation, Anticipation and An Abandoned Patent Application Rishabh Anjay Mohnot Recently, the Madras High Court dismissed a writ petition challenging the dismissal of a revocation application by the IPAB and demanding the records pertaining to the dismissal. This case is worth…


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Patent

Indian Mobile Manufacturers Dragged over the Coals by Ericsson and the Delhi High Court with Little Regard for Procedural Fairness


As many of our readers may be aware, there is long running litigation between Ericsson and Indian mobile phone manufacturers like Micromax, Intex, Lava and Gionee over the alleged infringement of 8 standard essential patents (SEPs) by the latter. We’ve written about it earlier over here, here and here. The intersection of standards and intellectual property rights has for long been a contentious issue but more so in context of the telecom industry. The technological requirement for having standards is…


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Competition Law Patent

Thoughts on Regulatory Tussles Involving CCI – II


[*Long post] I shall be dealing with the Delhi HC judgment on Telefonaktiebolaget LM Ericsson v. Competition Commission of India and Anr, limited to the issue of Competition Act versus Patents Act. The idea is to simplify the judgment for the benefit of readers and present views where applicable. This is strictly an academic exercise. I shall not be dealing with the facts and other issues since the mandate is limited here. SpicyIP had already dealt with this judgment before….


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Others Patent

Fun Patent Playing Cards for the Art and Patent Buffs!


Trust the patent buffs to explore novelty in places where others are unlikely to see it. One can also count on them to tide over the obvious to put it to use on a wide scale. Kevin Prince, a patent agent and author, has come up with the wonderful idea to have playing cards with patent illustrations in them. As Kevin has noted here, although the patent drawings/illustrations form an integral part of the patent applications, the artists who come…


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Patent

Section 47 Pops Up Again in Patent Litigation Involving a Government Tender for Public Procurement


Our readers from the Hyderabad High Court have informed us of a recent order passed in a case filed by a patentee against the State Government of Telangana and some other private parties for allegedly infringing its patents no. 196432, 196439 and 211904 that cover the ‘Ball Drive Flow Control Valve’ when it issued a tender for the same. Apart from filing a patent infringement lawsuit before the civil court (O.S.No. 734 & 735 of 2017 before the IIIrd Addl….


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Competition Law Patent

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


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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