The Delhi High Court’s analysis in Ericsson vs. Lava addresses the novelty and inventive step of key standard essential patents for 3G and EDGE technology. This post summarises the court’s findings on the technical advancements and legal standards applied in evaluating Ericsson’s patents, maintaining a clear and factual legal perspective.
Read more about Novelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IXCategory: Intellectual Property
Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII
This article provides a detailed analysis of the novelty and inventive step of Ericsson’s AMR patents as examined in Ericsson Vs. Lava. The Delhi High Court’s findings illustrate how Indian patent law standards are applied to complex telecommunication inventions.
Read more about Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIIIThe 20-Year Patent Term from the Date of Filing is Constitutionally Valid
The Calcutta High Court has upheld the constitutional validity of the 20-year patent term from the date of filing under Section 53 of the Patents Act. The judgment clarifies the legislative scheme and confirms there is no inconsistency or arbitrariness in the provision.
Read more about The 20-Year Patent Term from the Date of Filing is Constitutionally ValidA Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII
The Delhi High Court analysed the validity of eight Ericsson patents under Section 3(k), following Lava’s challenge. Except for the first patent, the Court upheld the remaining patents, finding them to involve technical advancements beyond mere algorithms or mathematical methods.
Read more about A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VIIPremier Injunction for the Premier League : Viacom18 knocks out IPL Pirates with Dynamic+ Injunction
The Delhi High Court granted Viacom18 a dynamic+ injunction to proactively block rogue websites infringing IPL media rights. This order strengthens copyright protection by enabling real-time enforcement against illegal streaming during live events.
Read more about Premier Injunction for the Premier League : Viacom18 knocks out IPL Pirates with Dynamic+ InjunctionEngineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.
The Madras High Court held that Section 3c of the Patents Act, 1970 does not exclude engineered non-living substances from patent protection. The ruling clarifies the distinction between discovery and invention for biotechnology patents in India.
Read more about Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.Kannada Lyricist Hamsalekha Wins Copyright Case Against Saavn
The Karnataka High Court ruled in favour of Hamsalekha, confirming that authors retain moral rights and the ability to seek name credit, even after assigning rights to IPRS. The Court clarified that such disputes are not necessarily commercial in nature under Indian copyright law.
Read more about Kannada Lyricist Hamsalekha Wins Copyright Case Against SaavnRevocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI
The Delhi High Court in Ericsson vs Lava clarified that revocation of a patent on the ground of misrepresentation requires strong, clear evidence of intentional deceit. In this case, Lava failed to meet the legal threshold, resulting in rejection of its revocation claim.
Read more about Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VIFormer Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court
The Gujarat High Court refused to grant an injunction to Sonani Industries against its former employees for using diamond colouring technology, citing a lack of proprietary confidential information and the expiry of the relevant know-how agreement. The Court also clarified that issues of copyright infringement would be examined during the ongoing trial.
Read more about Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High CourtITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes
The Delhi High Court has restrained several parties from selling cigarettes using deceptively similar marks to ITC’s Gold Flake brand, citing clear infringement and passing off. This decision underscores the judicial approach to protecting well-known trademarks in India.
Read more about ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes