Roche vs Cipla: The "Appellate" Battle Heats Up

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Today was yet another momentous day in the big ticket Roche vs Cipla litigation. Abhishek Manu Singhvi, counsel for Roche (along with Parag Tripathi) closed arguments on behalf of Roche. And immediately thereafter, Arun Jaitley opened arguments on behalf of Cipla. As our readers are aware, in the first instance, a single judge of the Delhi High Court, Justice S Ravindra Bhat denied an injunction to Roche in relation to its anticancer drug “Tarceva” and permitted Cipla to continue manufacturing […]

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SpicyIP Tidbits: DIPP continues marching the e-way!

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The oft-criticized DIPP has new reason to rejoice. The brainchild of the FICCI Working Group on the Patent Office (that we had blogged about earlier), the system of e-filing of patents has received tremendous response! While the e-filing method does not reduce the fees for filing at the moment, they have made filing more convenient, and the public obviously agrees, with several thousand applications already filed. Elated with this, the Ministry of Commerce and Industry has come up with new

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SpicyIP Events: WIPO Conference in Goa

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The Federation of Indian Chambers of Commerce and Industry (FICCI) in association with World Intellectual Property Organization (WIPO) and Department of Industrial Policy and Promotion (DIPP), Government of India is organizing a WIPO Conference on Development and Intellectual Property (IP): Building Synergies with Policy Makers and Industry at Taj Exotica, Goa from September 1 to 3, 2008. The aim of the Conference is to assemble selected parties involved in the IP system in different countries of Asia, namely, policy makers

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US Guidelines on Patent Outsourcing: Sounding the Death Knell for Indian LPO’s?

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The recent WTO talks came a cropper: despite intense negotiations over several weeks, member states couldn’t agree on critical “agricultural” issues. Intellectual Property issues also featured prominently, as developing countries pressed for international norms on GI’s and mandatory “disclosure of origin” (in so far as patent applications covering bio-resources were concerned). While some blame the newly emerging economies such as China and India for the failure of these talks, others have pointed fingers at the “developed” bloc. With elections around

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SpicyIP Press Release: Strides makes a huge Stride!

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Just when the pundits of doom had almost concluded (prematurely???), thanks to the Ranbaxy-Daiichi deal, that the Indian generics industry was going down to Davy Jones’ locker with more voices joining the chorus each day, Strides Arcolabs shows a thumbs up for the Indian generics industry with its acquisition of a controlling interest in Ascent Pharmahealth Limited (formerly Genepharm Australasia Limited). With this, Strides becomes the 4th largest generic company in Australia. Come September, from the current holding of 50.1%

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The dispute over the ‘Tiger’ trademark continues………….

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Last September SpicyIP had reported on how the Wadia Group was preparing to initiate arbitration proceedings against its JV partner – Danone – for the violation of Britannia famous ‘Tiger’ trademark. Danone and the Wadia group jointly own stake in the Associated Biscuits International Holdings (ABIH). ABIH is a holding company which owns a 51 % stake in Britannia. The Wadia Group had alleged that Danone had gone ahead to register the trademark in around 70 countries without the permission

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Biosimilars, Indian Generic Companies and the Drug Regulators

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The Business Standard reports that “Dr Reddy’s Laboratories, the country’s third-biggest drugmaker, will form a joint venture with one of the world’s biggest biotech companies to make biosimilars or generic versions of patented biotech drugs to take on Ranbaxy Laboratories, Reliance Life Sciences, among other Indian companies. Several drugs are expected to come off patent in this segment in the next five years.“ While the company is not willing to reveal any details at this point (as to who the

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Grave Diggers, "Immoral" Patents and the NBRA

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In a previous post, Prashant highlighted a recent bill proposing the creation of a national biotech regulatory authority (NBRA) and noted: “The NBRA Bill confers upon the regulator the power to regulate research, manufacture, import and marketing of genetically modified organisms. As of now the entire process relating to the regulation of genetically modified organisms is quite ad-hoc and it is exactly this problem that the NBRA seeks to solve by providing a single window clearance mechanism. ” SpicyIP recently

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SpicyIP Tidbits: A Soft War for Software Patents

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Business aptly seems to drive law; finally, the Murthys and Ramadorais of Bengalooru have spoken up. According to an article in the Financial Express, IT majors Infosys and TCS have reacted strongly to a call made by the open source community, particularly Red Hat India and All India Peoples Sciences Network, for dropping a clause in the draft patent examination manual which according to the latter gives a backdoor entry for software patents. The article states: “The IT majors made

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SpicyIP Tidbit: Outsourcing patent applications revisited by USPTO

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Document The latest USPTO notice which has several important implications for countries such as India, has interestingly been issued with a view to discourage “solicitations” by a number of law firms and/or service provider companies located in foreign countries with respect to preparation of patent applications to be filed in the U.S. on behalf of registered American patent practitioners. The notice is essentially a reminder by the USPTO to persons concerned, since in practice there has been some transgression from

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