Claim construction issues in the TenXC patent litigation

/ By / Patent

  In a previous post we had touched upon briefly on the TenXC patent litigation, where we had stated that the patent at issue was not an essential patent.  This post provides an analysis of the patent in issue (Indian patent 240893, hereinafter the 893 patent) in the aforesaid litigation.  Before delving deeper into the granted claims of the ‘893 patent, the diagrams and text in the specification support column are from the equivalent PCT application number WO/2007/106989 because the […]

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"It’s Evident Enough!" Says Bombay High Court to IPAB

/ By / Trademark

(image taken from here)Recently, a Bombay High Court decision saw the Intellectual Property Appellate Board (IPAB) yet again being told in no uncertain terms to reconsider a decision. Name: M/s. Agar Distributors (India) (hereinafter Petitioner) v. IPAB and M/s. Lakh Enterprises (hereinafter Respondent) [Writ Petition No.364 of 2011] Judgment Date: April 29, 2011. Facts: Respondent had filed an application for registration of the trademark “BRIGHT STAR”, to which Petitioner filed an opposition on the ground of pre-existing registered trademarks “5

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India’s phoney wars are here to stay

/ By / Uncategorized

This post covers the basic background of telecom patent litigation and gives reasons why there is so much patent litigation across the globe in this specific domain.  It provides a difference between essential and non-essential telecom patents and why in the authors opinion telecom patent litigation is expected to increase in India just as it has increased across the globe.  Also because telecom patents ultimately concern the use of a mobile phone, it is commonly referred to as phoney litigation.

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IJLT-CIS Lecture Series on 21 and 22 May, 2011

/ By / Uncategorized

The Indian Journal of Law and Technology in collaboration with the Centre for Internet and Society, presents the 2nd IJLT- CIS Lecture Series, an event comprised of a series of lectures by luminaries with expertise in law and technology to give students, professionals and anyone interested a comprehensive idea about the theme “Emerging Issues in Privacy Law: Law, Policy and Practice”. The focus will be on contemporary sub-issues of critical relevance such as:• The Unique Identity Project and Challenges to

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DIPP steps into TK Arena – diplaces NBA?

/ By / Uncategorized

The Department of Industrial Policy and Promotion (DIPP) working under the Ministry of Industry and Commerce has released a ‘Country Position Paper’ on ‘traditional knowledge’. The paper and the ‘national consultations’ that followed the publication of the position paper aimed at clarifying the official position of the Government of India taking place before the Inter-Governmental Committee on Traditional Knowledge at the World Intellectual Property Organization (WIPO). The result of the national consultations can be accessed over here and here. While

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Guest Post: One glass of Lime (-wire) juice? That will be 75 trillion, please

/ By / Copyright

We are pleased to bring to our readers a post by Tarun Krishnakumar, a first year student of NLSIU on copyright infringement claims against file sharing application owning companies, in specific – Limewire. This post is part of a series of posts on the topic. Not twelve billion dollars, not twelve million, not twelve thousand but TWELVE is the number of zeroes in the dollar figure, one which is incidentally five times the US Gross Domestic Product, claimed by the

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IP Opening: IP Chair Research Fellow at NUJS

/ By / Uncategorized

A position has opened up for an IP Research Fellow at NUJS, one of the leading law schools in India. The Research Fellow will be expected to work at the cutting edge of IP policy and research work, IP litigation and IP education. We have a number of exciting IP events planned for the future, including IP workshops/seminars/moot courts and the Fellow is expected to actively participate in all of these. Apart from this, the Fellow will be involved in

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SpicyIP Announcements: Fellowships for M. Phil/ Ph.D Scholars at CUSAT

/ By / Event

The Inter University Centre for IPR Studies, Cochin University of Science and Technology is inviting applications for short term fellowships of Rs 5000/- ( Rupees Five Thousand only) for a maximum period of three months for M. Phil/ Ph.D scholars in IPR related areas who have already registered in any recognised Universities in India. The fellowship, of short duration seeks to facilitate M.Phil/Ph.D students registered for M.Phil/ Ph.D in IPR related areas in any discipline in any recognised University in

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USIBC lobbies extensively with the Indian Govt. for increased IP protection

/ By / Uncategorized

In an interesting document published on its website, available over here, the U.S. India Business Council (USIBC), a business advocacy organization, has described in detail its lobbying efforts with officials of the Government of India (GoI) as also the U.S. Embassy, to increase the level of IP protection in India. Normally ‘lobbying’ is a shady business in India, as proved by the Radia tapes and it is therefore quite interesting to note that USIBC has published this information in such

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Darjeeling for Two in Kolkata

/ By / Trademark

By way of an update on the “Darjeeling” Geographical Indications (GI) case we reported on some days ago, we have uploaded a copy of the decision on our site. This is a very interesting decision, not just because it is the first ever by an Indian court on the infringement of a registered GI; but also because it may have significant implications on the protection of GI rights in the country in the times to come. We bring you a

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