Category: Patent Litigation

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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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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Actavis and Novartis

ACTAVIS’ “EXPECTATION OF SUCCESS” AFFIRMED ACTAVIS UK vs NOVARTIS AG The High Court, Court of Appeal has recently upheld a decision on Appeal from the High Court, Patents Court, that the Novartis’s European Patent (UK) 0948320, a sustained release formulation of Fluvastatin (a Cholesterol lowering drug), is invalid on the ground of obviousness. Earlier in … Continue reading Actavis and Novartis

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Nokia & Ipcom

Introduction: It all started when the licensing deal between Nokia and Ipcom broke in Germany. From then, it was a legal war between these two giants. While Ipcom along with its bunch of patents trying to target each and every mobile model of its rivalry, Nokia trying to revocate Ipcom’s each patent one by one. … Continue reading Nokia & Ipcom

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Eli Lilly Vs Sun Pharma and others

Lilly’s Patent relates to method of treating Attention-Deficit/ Hyperactivity disorder (ADHD) with administration of effective amount of Tomoxetine. Lilly markets atomoxetine capsule under the brand name STRATTERA®. The US Patent 5,658,590 was assigned to Lilly On August 19, 1997 with a principal claim that recites a particular method of treating ADHD. Submission of an Abbreviated … Continue reading Eli Lilly Vs Sun Pharma and others

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