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Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

The struggle between innovator pharmaceutical companies (mostly in the Western world) and developing world Generic companies has been lately played out in India and especially for the last 2-3 years in the form of litigations and oppositions. Here I would be discussing the specific case of Roche (a Swiss Pharma Company) showcasing its journey of … Continue reading Roche’s Struggle Over its Patents in India – Two suits, Two oppositions

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Is Section 3(k) losing its significance?

It wasn’t long back when section 3(k) defined as “A mathematical or business method or a computer programme per se or algorithms are not patentable” was under heavy discussions as regards the standards based on which patentability of a computer implemented invention alias software invention would be examined. A computer implemented invention was defined as … Continue reading Is Section 3(k) losing its significance?

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EMERGING IP LANDSCAPE FOR GENERIC PHARMA COMPANIES: A CASE STUDY

IP Issues that concern generic pharma companies generally center on ANDA filing, Patent Litigation, Patent Outlicensing and Brand Acquisitions. It has been very rare for an Indian generic player to be involved into all the four aspects in a single case involving a common drug molecule. One such case with India headquartered Sun Pharma as … Continue reading EMERGING IP LANDSCAPE FOR GENERIC PHARMA COMPANIES: A CASE STUDY

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India refuses to nod…for Noddy

 For the first time, I was forced by my friends to include pictures in my blog.  No wonder, the reason is that they all love the famous character ‘Noddy’.  Well, my reason for writing the blog is to share a very recent and an interesting Trade Mark case in the Delhi High court. The … Continue reading India refuses to nod…for Noddy

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Hi-tech Patent Licensing Trends

Ever since Software Patents have got easier to get a grant for, protection of computer readable medium claims on a storable media have enforced the Intellectual Property Rights to a much higher level that a software company can have when compared with the counterpart System and Method claims. Although most countries, unlike US, are still … Continue reading Hi-tech Patent Licensing Trends

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Indian Pharmaceutical Industry Licensing Deals: Case Studies

Glenmark Pharmaceuticals Glenmark, research-driven, global, integrated pharmaceutical company with Research Focus on Inflammatory Diseases, Metabolic Disorders and Pain has a presence in over 80 countries around the world. The Company has a proven track record of entering into Licensing deals with Big Pharma and entered into Outlicensing deals in 2004 with Forest laboratories for Oglemilast, … Continue reading Indian Pharmaceutical Industry Licensing Deals: Case Studies

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Research in motion vs Motorola

Research in motion vs Motorola This time Research In Motion (RIM) was “put in trouble” by Motorola for infringing the latter’s patent “Beletic”. Research In Motion’s BlackBerry Enterprise solution “BES” and BlackBerry Internet Solution “BIS” are alleged to infringe the Motorola’s patent. This time Research In Motion was well prepared and ready to revocate the … Continue reading Research in motion vs Motorola

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Asian Electronics Ltd. vs. Havells India Ltd.

Working of the invention playing a role in deciding Balance of convenience This time Asian Electronics Ltd., referred to as Asian hereinafter, owner of the Indian Patent Application No. 193488 titled “Conversion Kit to change the fluorescent lighting units inductive operation to electronic operation” claimed injunction and consequential reliefs including damages against the Defendant, also … Continue reading Asian Electronics Ltd. vs. Havells India Ltd.

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Federal Circuit Upholds Two District Court Decisions Concerning Patent Term Extensions: Ortho-McNeil Pharmaceuticals v. Lupin Pharmaceuticals and Photocure ASA v. Kappos

Ortho-McNeil Pharma v. Lupin Pharma and Photocure ASA v. Kappos Two recent cases decided before the U.S. Court of Appeals for the Federal Circuit (CAFC) on May 10, 2010 upheld two Patent Term Extensions (PTE) under 35 U.S.C. § 156. In the first case, Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., Lupin challenged the USPTO’s granting … Continue reading Federal Circuit Upholds Two District Court Decisions Concerning Patent Term Extensions: Ortho-McNeil Pharmaceuticals v. Lupin Pharmaceuticals and Photocure ASA v. Kappos

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Bayer Vs Cipla

BAYER Vs CIPLA & UNION OF INDIA Does a combined reading of the Drug Control Act and the Patents Act lead to an inference that no marketing approvals can be granted to a third party for a drug/formulation for which a patent exists? This was a primary question before the Delhi High Court in a … Continue reading Bayer Vs Cipla

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