Conducting a post-mortem on Astella’s Indian Patent No: 234753

Continuing from my last post on Astella’s patent infringement lawsuit against Micro-Labs, I’ve managed to access the details of the file wrapper from the IPAIRs system and I thought it would be interesting to point out a few of the other issues that may arise in the challenge Astella’s Indian Patent No: 234753. Let me also insert the caveat that the accuracy of this post is directly dependant on the accuracy of the information uploaded on the IPAIRs system and […]

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Japanese pharmaceutical company sues for patent infringement in Delhi to protect its French markets

We have recently received information about an interesting patent infringement case filed by Astellas Pharma Europe B.V. (‘Astellas’) a company incorporated in the Netherlands, before the Delhi High Court (C.S. (O.S.) No. 1166 of 2011) against Micro-Labs Ltd., a Bangalore based Indian pharmaceutical company. Despite the distinctly European name of the Plaintiff, it is in reality a subsidiary of a Japanese company, which in itself is the child of a merger between two Japanese companies. For some reason, probably one

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Novartis Glivec Patent Case: Preliminary Objection

After Justice Bhandari’s recusal, the Novartis (Glivec) Patent case came up before a reconstituted bench today comprising of Justice Aftab Alam and Justice Ranjana P Desai. Novartis is appealing to the Supreme Court against an order of the IPAB which rejected its patent application covering Glivec (imatinib mesylate). Counsels for the respondents, Aryama Sundaram (acting for Natco, to the best of my knowledge) and Abhishek Manu Singh (acting for Ranbaxy and Cipla) forcefully contended that the Supreme Court ought not

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Guest Post: Delhi HC issues yet another John Doe order to protect Speedy Singhs

Tania Sarcar our now regular guest blogger has sent us another post on a ‘John Doe’ order passed by the Delhi High Court to protect the Bollywood movie Speedy Singhs. Delhi HC issues yet another John Doe order to protect Speedy Singhs By, Tania Sarcar Yet another John Doe order has been passed by the Delhi High Court, this time for the movie Speedy Singhs, starring Akshay Kumar. The producers of the movie moved the High Court for an injunction

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Tracking the litigation around Bayer’s Nexavar patent in India

For the last year or so, Bayer has been defending its Indian Patent No. 215758 for ‘sorafenib’, which is marketed under the brand name Nexavar and is targeted at patients suffering from liver and kidney cancers. (Image from here) As we had reported in April last year, Bayer had sued Cipla for patent infringement, while Cipla counter-sued for revocation of the patent on grounds of invalidity and suppression of vital Section 8 information. Earlier this year, Bayer sued NATCO before

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IPAB on a roll – Creates a new logo and slogan!

I’m glad to report that the IPAB appears to have been given a new lease of life by its new Chairperson Justice Prabha Sridevan (retd.). As we had reported earlier, Justice Sridevan is a retired judge of the Madras High Court and was a part of the bench which delivered the historic judgment dismissing Novartis’s constitutional challenge against Section 3(d) of the Patents Act, 1970. The IPAB has been announcing a number of changes to its procedures and rules, in

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Creative Commons Licensing Success Stories: Pratham Books

While we have in the past spoken about the dangers of an aggressive and severely restrictive copyright regime, we haven’t focussed enough attention on the use of alternative licensing mechanisms and the social benefit that accrues from such a practice.  For that reason, I will cover in this post, the efforts of Pratham Books, a non-profit children’s book publishing house and their persistent campaigns for openness and unrestricted access to content suitable for children’s books, by advocating the use of

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SpicyIP Events: IIPRD hosts patent symposiums in Mumbai/Hyderabad in Oct ’11

SpicyIP is informed that the Institute of Intellectual Property Research and Development (IIPRD) will be hosting two symposiums on Advanced Patent Issues in Mumbai and Hyderabad in October 2011. Details of the events are as below. You can also see them in the SpicyIP calendar. IIPRD (Institute of Intellectual Property Research & Development), a premier IP Consulting Firm in India, is pleased to announce its two Annual Symposiums on Pharma/Biotech and Software/Electronics Patent issues respectively. SYMPOSIUM 1: One Day International

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America Invents Act: an overview

President Obama last Friday signed into law the America Invents Act (“AIA”) at a Virginia school.  The AIA is a serious overhaul of United States patent law in over 60 years.  The recent changes to the US patent law makes it more-in-sync with global patent laws, the changes are intended to bolster innovation and economic development.  There are large number of revisions in the AIA that seek to redress perceived problems with the previous law, reduce administrative and litigation costs,

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Natco’s Compulsory Licence: Professional Negligence?

I’ve been thoroughly perplexed over the last few days. Why on earth did Natco apply for a compulsory license? Particularly when the process is susceptible to considerable delays and it could be a while before they get a clear signal to go ahead and make generic copies of Bayer’s patented Nexavar. And even when the permission does finally come through, they have to part with some of the moolah in the form of royalties to Bayer. Wouldn’t it have been

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