"CHEMICAL" OBVIOUSNESS: HAL WEGNER’S NOTE

/ By / Patent

I’d referred to Hal Wegner’s note on chemical obviousness in the last post. For those interested, the Patent Prospector provides an excellent summary of this note and also links to the note. The summary is as below: Hal Wegner has analyzed the current status of case law regarding chemical compound obviousness, and holds that “KSR and Pfizer v. Apotex manifest fundamental misunderstandings of chemical practice case law.” Selective excerpts from the summary of this exceptional research and analysis:The law of …

"CHEMICAL" OBVIOUSNESS: HAL WEGNER’S NOTE Read More »

TRAINING PATENT EXAMINERS

/ By / Patent

For those of you interested in spending a good Sunday pondering what the training program of a typical US examiner looks like, here’s a wonderful blog that is interestingly titled “Patently Academic: The Saga of a Patent Examiner in the Patent Training Academy”. For a delicious sampler, see below: “Anyway, back to search strategies. I’m pretty impressed by the wide array of search tools available to examiners now, and somewhat amazed about how difficult things must’ve been even a few …

TRAINING PATENT EXAMINERS Read More »

ALLEGATIONS OF BIAS IN THE NOVARTIS PATENT LITIGATION

/ By / Patent

Whilst most of us await the Madras High Court judgment on the constitutionality of section 3(d) of the Indian Patents Act, here’s an update on what’s going on at the IPAB (Intellectual Property Appellate Board), the specialized IP tribunal in India. As mentioned in an earlier post, the Novartis litigation was split up—the patentability issue was referred to the IPAB and the constitutionality issue was to continue with the Chennai High Court. Before the IPAB could even begin to wade …

ALLEGATIONS OF BIAS IN THE NOVARTIS PATENT LITIGATION Read More »

Protecting Wal-Mart’s Trademark in India

/ By / Trademark

India’s first Wal-Mart store isn’t slated to open until next August. Yet the battle lines for protecting intellectual capital are already being drawn. The Delhi High court has injuncted a Delhi based Indian firm from using Wal-Mart as either their trademark or trade name on the ground that the same infringes the trademark of Wal-Mart. The Delhi based Indian firm used Wal-Mart as their trademark in the Indian market. Aggrieved by this, Wal-Mart filed an injunction petition before the Delhi …

Protecting Wal-Mart’s Trademark in India Read More »

Patenting Slokas:Offbeat Chants!

/ By / Uncategorized

The Yoga- Patent imbroglio effectively fueled by media hyperbole and rhetoric continues unabated albeit with a small detour. After doing the wrong stretch on yoga, this time around it’s a wrong chant of the Slokas The debate has progressed (or should I say regressed) to patenting of Slokas.Slokas are traditional Sanskrit Verses that are found in ancient Vedic texts. As such the term ‘sloka’ could be used to broadly mean and include verses from ayurvedic texts; verses that are chanted …

Patenting Slokas:Offbeat Chants! Read More »

谷歌贏爭端 – I meant "Google wins dispute"

/ By / Uncategorized

What does Chen Zhaoyang have in common with gmail? Forget it, don’t rack your brains as the answer is “nothing”. He is a cybersquatter who registered the domain name gmail.co.in in 2005. Google filed a complaint with the National Internet Exchange of India under the INDRP (.in Dispute Resolution Policy) seeking a transfer of the domain name in their favour. Today’s Hindu Business Line reports that the sole arbitrator Mr. A K Singh who was appointed by NIXI has passed …

谷歌贏爭端 – I meant "Google wins dispute" Read More »

RANBAXY TAKES ON PFIZER AGAIN IN CADUET CONTROVERSY

/ By / Patent

Down to Earth has an interesting story on the Caduet patent dispute, yet another big ticket litigation between Ranbaxy and Pfizer. Rohan George states: “Indian drug manufacturer Ranbaxy is contesting US multinational Pfizer in 17 countries. It is filing for the right to manufacture generic versions of the world’s bestselling drug Lipitor and a combination drug Caduet, in the us. At the crux of the dispute is Pfizer’s designs on a patent extension by combining Lipitor with another drug: Norvasc. …

RANBAXY TAKES ON PFIZER AGAIN IN CADUET CONTROVERSY Read More »

INDIAN GOVERNMENT COMMITTEE SAYS "NO" TO DATA EXCLUSIVITY

/ By / Data Exclusivity, Patent

After multiple deliberations spanning more than 3 years, a government committee has finally submitted its report on regulatory data protection and Article 39.3 of TRIPS. It finds that Article 39.3 does not require “data exclusivity” and that, at the present moment, it may not be in India’s national interest to grant “data exclusivity” to pharmaceutical drug data. It relies heavily on the Doha Declaration to support this interpretation. It argues that a “trade secrecy” form of protection is sufficient to …

INDIAN GOVERNMENT COMMITTEE SAYS "NO" TO DATA EXCLUSIVITY Read More »

In the teeth of the issue

/ By / Uncategorized

The Delhi High court has injuncted Ajanta India Ltd. from using a red and white packaging for its toothpowder cans on the ground that the same infringes the trademarks and copyrights of Colgate-Palmolive and directed the former to file an affidavit of compliance. Ajanta was initially marketing its toothpowder in a red can. Recently, they switched over to a can which allegedly echoed the trade dress of the Colgate Toothpowder packaging in red and white colour combination. Colgate immediately brought …

In the teeth of the issue Read More »

Scroll to Top