SpicyIP Highlights: September-December, 2014

/ By / Copyright, Innovation, Others, Patent, Publication

2014 has been a great year for SpicyIP! We’ve enjoyed the latter half in particular, as we’ve been able to bring you several high impact developments – several not being mentioned in the mainstream media till after our analysis, and some not reported in MSM at all! As we continue our journey through the last month of 2014, we felt it would be worthwhile to recap these posts from September till date for our readers. As it would be impractical to […]

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Latest on IP Think Tank: Stale questions and answers at the Rajya Sabha

/ By / Copyright, Innovation, Others, Patent, Trademark

As Voltaire said “Judge a man by his questions rather than by his answers”. This an effective yardstick atleast for judging our Parliamentarians who are vested with a lot of power to question and scrutinize. But are they really asking the right questions? The national Think Tank to draft an IPR policy for India, which was recently appointed by the Government of India, has been mired in controversy. As Swaraj reported here and here, the appointment of this think tank

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Breaking News: Delhi High Court grants injunction against Xiaomi

/ By / Patent

[Editor’s note: Due to the large number of queries around this – I would like to point readers to this other post here which explains why orders such as this present one are problematic and probably bad in law] [Edit 2: The order is now available here] Yesterday, the Delhi High Court granted an ex parte injunction order against Chinese operator Xiaomi for infringement of Ericsson’s patents. The patents in question are Standard, Essential Patents (SEPs) which are subject to FRAND (Fair, Reasonable

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FRAND-ly Injunctions from India: Has Ex Parte Become the “Standard”?

/ By / Patent

It would appear so! As readers may recollect, we’ve often railed against the promiscuity of ex-parte injunctions in patent cases. Noting that, contrary to popular perception, India is actually guilty of overprotecting IP on this count.  Sadly, our courts continue to dish out these problematic injunctions, with alarming alacrity. Just yesterday, a single judge of the Delhi High Court granted an ex parte in junction in a case involving a telecommunication “standard” that was allegedly meant to be licensed under

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Justice VR Krishna Iyer’s IPR Legacy: S.3(d) of the Indian Patent Act

/ By / Others, Patent

As most of us know by now, Justice VR Krishna Iyer passed away on 6th December, 2014 at the age of 100. He had an illustrious career spanning as a lawyer, politician and Judge. He has served as a Judge of the Kerala High Court and the Supreme Court. He is perhaps most well-known for having been on the bench in the famous Maneka Gandhi judgment, whose interpretation of the Fundamental Right to Life under Art. 21 of the Constitution

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Irregularity in patent restoration matters?

/ By / Patent

This post deals with a challenge to a patent restoration application that was allowed in contravention of Section 60 of the Patent Act. The Petitioner, the winning party in this case, was represented by Anand and Anand. In 2009, the Controller of patents issued a renewal certificate to respondent No. 2 for restoring its patent no. 186320. The petitioner, Sanat Products challenged this renewal by way of a writ petition in 2010. The petitioner argued that the respondent’s patent could

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First Prof. T N Daruwalla Memorial Lecture: 12th December, 2014

/ By / Event

The Intellectual Property Law Practitioners Association (IPLPA) and the International Association for the Protection of Intellectual Property (AIPPI India Group) is conducting the “First Prof. T. N. Daruwalla Memorial Lecture” in memory of the late Prof. Tehemtan Nasserwanji Daruwalla, an esteemed academic at Govt. Law College, Mumbai, and IP law practitioner for over 53 years. Prof. Daruwalla was a well loved and respected pioneer in the field and the recipient of numerous Awards, including a Life Time Achievement Award from the IPLPA and a Medal from

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US Fed. Cir. rules on FRAND royalty determination -Ericsson v. D-Link

/ By / Competition Law, Patent

In what might be the most definitive guiding judgment till date on determining RAND (RAND in US, and FRAND elsewhere) royalties, the US Federal Circuit gave its opinion re their determination in a case involving Ericsson against defendants D-Link, Acer, NetGear, Gateway, Toshiba.  Intel Corp. intervened in the matter.  The Federal Circuit set aside a damages ruling to Ericsson, stating that the district court had failed to consider that any royalty for the patented technology must be apportioned from the value of the standard

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Hear from our Fellows 2014-15!

/ By / Others

As I mentioned yesterday, the application window for the SpicyIP Fellowship 2015-16 will open next week. To be considered, applicants will need to submit at least 3 posts within the 6 week period between December 8th, 2014 and January 16th, 2015. For those who are wondering whether this is something they want to try their hand at or not, here are some words from our current Fellows on their experience with the team. “The SpicyIP Fellowship was the best thing

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Announcing the 2015-16 SpicyIP Fellowship!

/ By / Others

Following the great success of the previous two editions of our SpicyIP Annual Fellowship, we’d like to announce the 3rd edition of the SpicyIP Annual Fellowship – for the year 2015-16! We’re also very happy to announce that after nearly a year of great work on the blog, all three of our present SpicyIP Fellows – Devika Agarwal, Spadika Jayaraj and Thomas Vallianeth – have been invited to stay on with the team after their fellowship period expires in February, 2015!

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