Does Focusing on Single Embodiment Limits the Patent Specification?
This issue was handled by the United States Court of Appeals for the Federal Circuit in the SCRIPTPRO LLC, SCRIPTPRO USA, INC., Plaintiffs-Appellants v. INNOVATION ASSOCIATES, INC., Defendant-Appellee decided on August 15, 2016. This was an appeal from the United States District Court for the District of Kansas in No. 2:06-cv-02468-CM, Judge Carlos Murguia. United […]
Only Common Sense Not Sufficient to Prove Obviousness Over Prior Art
Can the grant of patent be rejected on the obviousness criteria based only on common sense? This issue has been handled by United States Court of Appeals for the Federal Circuit in the case of ARENDI S.A.R.L., Appellant v. APPLE INC., GOOGLE INC., MOTOROLA MOBILITY LLC, Appellees, decided on August 10, 2016. On December 2, […]
U.S. District Court Confirms Validity of Patent For UCB Pharma’s Vimpat®
UCB Pharma, a Belgian pharmaceutical company, announced on 14th August 2016 that the U.S. District Court for the District of Delaware confirmed the validity of its U.S. reissued patent RE38551 related to anti-epileptic drug Vimpat® (lacosamide). The patent challenge was brought by generic drug makers who had questioned the validity of the UCB’s patent which […]
Federal Circuit Rules 180-Day Post-Licensure Notice is Mandatory in Biosimilar Litigation
In Amgen v. Apotex (No. 2016-1308), the US Court of Appeals for the Federal Circuit on July 5, 2016 affirmed a district court’s ruling that a biosimilar applicant must provide a reference product sponsor with 180 days’ post-licensure notice before commercial marketing of a biosimilar product begins, regardless of whether the applicant provided the § […]
Intersection between Intellectual Property (IP) and Competition Law
With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to raise concerns/defense arguments, as to how and when investigations can be initiated through the Competition Commission of India (CCI), are becoming critical and hence need clarity at all ends. This piece is […]
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 to two main issues. Firstly, […]
Patent Trolling and Fee-Shifting
Manish Kumar, the intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the ‘fee-shifting’ paradigm in US Patent Act in light of US Supreme Court’s recent judgments. The US Supreme Court, in its two recent judgments, has re-instituted its pre-2005 stand where the Courts had the discretion of awarding reasonable attorney fees to […]
Question of claim amendments by patentee in India
We would discuss hereinbelow the various scenarios when the patentee can seek amendment of the specification and claims of his patent. Further, this Article would examine as to when and when not the patent amendment should be allowed during the pendency of patent infringement suit. The Author, in the end, presents a hypothetical case to […]
Enercon India Ltd (EIL) Vs Enercon GMBH (EG)
This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and are setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what […]
Bruce N. Saffran Vs Johnson & Johnson and Cordis Corporation
Introduction A patent infringement suit filed by Bruce N. Saffran, a New Jersey Radiologist (“Plaintiff”) against Johnson & Johnson (J&J) and Cordis Corporation (“Defendants”) claiming that defendants directly infringed U.S. Patent No. 5,653,760 (filed Aug. 9, 1995) (the `760 patent;) entitled “Method and Apparatus for Managing Macromolecular Distribution”. Defendants’ accused products are the Cypher drug-eluting […]