Tag: infringement

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 are 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 the 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 … Continue reading Generic v. Branded patent battles in India foray into life management diseases too

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Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

Mrinal Gour, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. This was a landmark judgment with respect to registering a numeral as a trademark. Sections involved: Section 29 of Trademark Act, 1999 which talks about infringement of registered trademarks. It states the … Continue reading Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

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Roche v Cipla: Part 2: Infringement

In continuation of the last piece over here, let’s now discuss the actual issue of infringement of IN ‘774 patent by Cipla crisply. My apologies for a long delay in writing this piece due to long travelling schedule and back-to-back heavy projects thereafter. Nevertheless, it is better to be late than never. Here it goes. … Continue reading Roche v Cipla: Part 2: Infringement

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Roche v Cipla: Part 1: Validity of Patent

In continuation of our previous post here, and following the availability of the 275-page judgment, we would discuss herein the various facets of the case and discuss one by one. This case actually involved two main issues as follows, Issue I. Whether Roche’s Indian Patent 196774 is invalid (liable to be revoked under S. 64); … Continue reading Roche v Cipla: Part 1: Validity of Patent

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The Billion Dollar Game: Samsung and Apple fight it out

24’th Aug 2012 was another milestone date indicating the value that IP can (of course in geographies which have respect and appreciation for IP!!!) hold and govern for a corporate. More than the award, it’s the injunction and respect for IP that matters and boosts the confidence of Corporates that have innovation as a core … Continue reading The Billion Dollar Game: Samsung and Apple fight it out

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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 … Continue reading Question of claim amendments by patentee in India

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How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

Here I present another Practice Pointer series, useful for Indian API manufacturers (or to that matter for any country) who are innovating and patenting new and economical processes and novel intermediates thereof and want to capitalize on US Market. The Article will discuss the infringement under the United States Process Patent Legislation and judicial decisions … Continue reading How to Best Protect Patents on New Synthetic Processes and Intermediates in United States: Understanding “Material Change” exception

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