Category: Legal Issues

United States District Court for the District of New Jersey invalidates all asserted claims of US Patent No. 8822438 for prostate cancer drug Zytiga (Abiraterone Acetate)

US healthcare giant Johnson & Johnson (J&J) on Oct. 26, 2018 announced that the District Court of New Jersey has issued a ruling that invalidates all the claims of J&J subsidiary Janssen’s US Patent No. 8,822,438 for the prostate cancer drug Zytiga® (abiraterone acetate). The patent challenge was brought by generic drug makers who had … Continue reading United States District Court for the District of New Jersey invalidates all asserted claims of US Patent No. 8822438 for prostate cancer drug Zytiga (Abiraterone Acetate)

Read more »

Apple Fights Qualcomm Patents With 5G And National Security Claims

Apple and Qualcomm’s long battle over patent licensing fees has taken a surprising turn due to 5G and national security concerns.  The International Trade Commission hearing in Washington, D.C may block the import of certain iPhones that allegedly to violate Qualcomm patents. A very peculiar claim by Apple says that banning iPhones made with patent-infringing … Continue reading Apple Fights Qualcomm Patents With 5G And National Security Claims

Read more »

A Win Over The Battle Of Trademark Infringement By Registered Mark Dealing Under A Different Class

The Delhi High Court in the matter of L’AIR Liquid Societe Anonyme Pour I Etude Et I Exploitation Des proceded Georges Claude And Anr. v. M/S Liquid AIR & Ors. reaffirmed that even if a registered trademark is used as business name or trading style, it will constitute infringement under section 29(5) of Trademarks Act. … Continue reading A Win Over The Battle Of Trademark Infringement By Registered Mark Dealing Under A Different Class

Read more »

Case Summary of “Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd.”

This article summarises the judgment of High Court of Bombay dated 5th May 2017 in the case “Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd.”. FACTS: The case has been filed before the Bombay High Court by Ajanta Pharma Ltd. (hereinafter “Plaintiff”) seeking interim relief in a pharmaceutical trade mark and passing off action against Theon … Continue reading Case Summary of “Ajanta Pharma Ltd. v Theon Pharmaceuticals Ltd.”

Read more »

Glenmark Pharmaceuticals Vs. Galpha Laboratories COMIP (L) NO. 1063 OF 2018

(Bombay High Court Decrees Against The Infringer For A Whopping Amount Of 1.5 Crs To Be Paid To Kerela Relief Fund) Glenmark Pharmaceutical, which has been always vigilant of their products and IP rights was successful in instituting an IP infringement suit against Galpha Laboratories, which resulted in a distinct judgment and a whooping amount … Continue reading Glenmark Pharmaceuticals Vs. Galpha Laboratories COMIP (L) NO. 1063 OF 2018

Read more »

Case Analysis: Alice Corp. V. Cls Bank (134 S. Ct. 2347 (2014))

Introduction The Patent Statute of the US defines patentable subject matter as ‘any new and useful process, machine, manufacture, or composition of matter’ and any improvements.[1] But patent cannot be granted for laws of nature, natural phenomena or abstract ideas. In most of the countries, software cannot be patented unless it forms an element within … Continue reading Case Analysis: Alice Corp. V. Cls Bank (134 S. Ct. 2347 (2014))

Read more »

India’s First Judgement on Standard Essential Patents

Introduction Our lives, nowadays, seem to revolve around devices; technological devices like computers, cell phones, more importantly smartphones using 3G/4G networks, and even the earphones and headphones and other music players through which we listen to music. For the proper functioning of the devices, they have to comply with certain standard. These standards may include … Continue reading India’s First Judgement on Standard Essential Patents

Read more »

Case summary of “Cabell v. Zorro Productions, Inc.”

BRIEF INSIGHT INTO THE DISPUTE: Introduction: This case is a result of copyright infringement of a musical based on the story of Zorro.The character of Zorro originally was developed by Johnst McCulley which was further adapted in stories. All of the stories are part of public domain. Cabell (hereinafter “the plaintiff”) made a musical based … Continue reading Case summary of “Cabell v. Zorro Productions, Inc.”

Read more »

Too General To Be Trademark-Able: A “Cocky” Debate

There have been plethora of cases in India and abroad that discuss the menace caused due to monopolization of general English terms in course of business. The argument given by the proprietors is that to get a trademark over a name, it is important that the name is arbitrary and it does not describe the … Continue reading Too General To Be Trademark-Able: A “Cocky” Debate

Read more »

IP as Security (Canara Bank v NG Subbaraya Setty)

The cause of action for this case arose in 2003 on the assignment of the trademark ‘EENADU” by the defendant, NG Subbaraya Setty, in favor of the Petitioners, Canara Bank. This lead to two separate lawsuits: one by the borrower over cancellation of the assignment and another to recover the sum of money paid as … Continue reading IP as Security (Canara Bank v NG Subbaraya Setty)

Read more »