Tag: infringement

Patent Trolling

Introduction A patent is an exclusive right that is granted to an inventor for a specified number of years to make, use, and sell an invention. Once the right s provided, no other person can use the invention without proper license from the patentee. This right is provided to protect such inventors legally from any … Continue reading Patent Trolling

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A Take on Producer’s Right in ‘Dubbing’ and ‘Remaking’ of a Movie

Can a producer of a film remake or dub it without the permission of the author of the script? The answer to this question is given by a division bench of Madras High Court in a recent case of Mr. Thiagarajan Kumararaja vs. M/s Capital Film Works (India) Pvt. Ltd. and another. In this case … Continue reading A Take on Producer’s Right in ‘Dubbing’ and ‘Remaking’ of a Movie

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Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

The case Exide India v Exide US brings into effect the perplexing issue of Trade Mark law. The dispute dates back to 1997 when the US based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under … Continue reading Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

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Google AdWords Giving a Good Wallop to Trademark Law

Introduction In this era of globalization, we use Internet on a regular basis in our daily lives. People are continuously trying to gain more profits and for this they sometimes adopt illegal practices for promotion of their goods and services. These practices include unauthorized use of a registered name or mark owned by their competitor. … Continue reading Google AdWords Giving a Good Wallop to Trademark Law

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Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. (hereinafter referred to be as Defendants/Appellants/Teva) Vs. Eli Lilly & Co. (hereinafter referred to as Plaintiff/Appelle/Eli Lilly) decided by United States Court of Appeals for the Federal Circuit (CAFC) on January 12, 2017, Plaintiff had filed … Continue reading Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA

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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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Practice of Patent Asserting Entities: Boon or Bane: Global Innovations

Introduction Patent troll relates to a person or company that enforces its patents against one or more alleged infringers in an opportunistic and unduly aggressive manner, often with no intention to manufacture or market the patented invention. Various terms such as patent trolls, patent monetization companies, or patent assertion entities are used for such entities; … Continue reading Practice of Patent Asserting Entities: Boon or Bane: Global Innovations

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Rockstar Consortium US LP et. al.v. Google Inc

Gopikrishnan M, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at Google Inc. been accused of infringing technology related to its searching technology itself. Yet another high-tech and high-profile patent war is on, this one involving a combined attack on the search giant’s core technology. Google is being sued for direct patent infringement … Continue reading Rockstar Consortium US LP et. al.v. Google Inc

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An insight on the legal implications of BYOD

Bring Your Own Device (BYOD) is a scheme wherein employees are allowed to bring their own devices like mobiles, laptops, tabs and utilize them in the workplace for work purposes. Some employers themselves fund the software to their employees, meanwhile some prefer to simply grant permission for their employees to bring their technology at their … Continue reading An insight on the legal implications of BYOD

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Generic v. Branded patent battles in India foray into life management diseases too

Patent wars in India between the foreign innovator companies and the Indian generics now seem to be spreading over life-management diseases segment. Till now the patent infringement cases have revolved and are still revolving over drugs for life-threatening diseases such as HIV, cancer where the public interest has played an important factor in the adjudication … Continue reading Generic v. Branded patent battles in India foray into life management diseases too

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