Category: IP Litigation

Parallel Imports

A company sets different price for its products for different countries as per the requirements. Parallel Imports come about when there is a Currency and Tax Difference between two countries as stated above, encouraging people to import products from one country and sell it off in the other country to earn profit (For example: a … Continue reading Parallel Imports

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Recent Patent Litigation Cases (2014-15): India

Patent Litigation in India has steadily increased over last 2-3 years. Dramatic swift has been observed in the innovator’s perspective from the mere aspect of invention to gaining patent protection for their respective invention. Patent owners have adopted aggressive approach towards their patent protection and enforcing their proprietary rights as businesses, are now well-positioned in … Continue reading Recent Patent Litigation Cases (2014-15): India

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Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”

Reportedly, Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015. The Delhi high court on dated 20th March 2015 set aside an order of single judge bench of Delhi High Court which … Continue reading Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”

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‘Pro Tem’ Relief to Xiaomi for importing and selling of Qualcomm based Handsets in India

Reportedly, a bench of Delhi High Court temporarily allowed Xiaomi to sell few of its devices in India about a week after the suspension of its sales in the third largest smart phone market of the world. Xiaomi as well as online seller Flipkarthave been injuncted by Delhi High Court in its order dated 8th … Continue reading ‘Pro Tem’ Relief to Xiaomi for importing and selling of Qualcomm based Handsets in India

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Revocation Application/ Proceeding Summary: Improved Diffuser for an Air Conditioning System

Applicant in this case is M/s Air Master Equipments India (P) Ltd and Respondents are: Mr. Ramesh Nana Mhatre, who is the inventor and Applicant of the granted patent application being discussed, and Controller of Patents who granted the patent post examination and prosecution. Title of the application is ‘An improved Centre Core, Intermediate Core … Continue reading Revocation Application/ Proceeding Summary: Improved Diffuser for an Air Conditioning System

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News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”

In a latest update, Novartis has sued Cipla for infringing its patents on “Onbrez” (Indacaterol) after Cipla lunched its generic version for Indacaterol in October claiming “urgent unmet need” for the drug in India. Earlier, as we have reported here, Cipla approached Govt. of India to exercise its statutory powers to revoke the five patents … Continue reading News Snippet: Novartis sues Cipla for infringement of patents covering “Onbrez”

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CIPLA’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

As reported in TOI, the Indian Government has found very little merit in Cipla’s plea for waiver and cancellation of Patent rights for chronic obstructive pulmonary disease (COPD) drug over which Novartis has exclusive rights. We have reported on Cipla’s plea here. Background: Cipla, previously approached the Department of Industrial Policy and Promotion (DIPP) to … Continue reading CIPLA’s plea for revocation of Novartis Patents for Onbrez may face major set back by the Government

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Xiaomi Injunction: Yet another injunction given too soon?

In CS(OS)  3775/2014, as we understand from multiple sources, Xiaomi has been injuncted from manufacturing its line of smart phones for it has been prima-facie found to be infringing on certain standard essential patents of Ericsson. Although the order is not uploaded as yet, we understand that the patents used against Xiaomi, by Ericsson, are the same … Continue reading Xiaomi Injunction: Yet another injunction given too soon?

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Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

It has been recently reported in Economic times that Cipla has filed representation with the government (Department of Industrial Policy & Promotion) seeking revocation of five patents of Novartis on indacaterol, a respiratory drug for the treatment of chronic obstructive pulmonary disease (COPD) and marketed as Onbrez by Novartis. The central government, under section 66 … Continue reading Cipla Files Representation with Govt. Seeking Revocation of Novartis’ Patents

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Vacation of injunction upon invalidation of patent by USPTO ePlus. v. Lawson Software

In a recent judgment, The U.S. Court of Appeals for the Federal Circuit on July 25, 2014, vacated the U.S. District Court’s decision on injunction and contempt orders against Lawson Software and instructed the lower court to dismiss the patent litigation case brought by ePlus, Inc. This decision mainly pertains totwo main issues. Firstly, whether … Continue reading Vacation of injunction upon invalidation of patent by USPTO ePlus. v. Lawson Software

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