Tag: Patent Litigation

When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

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The recent judgement of the Calcutta High Court in BASF SE v. Joint Controller of Patents warrants attention for multiple reasons, particularly as it addresses...

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Reasoned orders are a necessity in patent refusals, Madras HC reiterates

Reasoned orders are a necessity in patent refusals, Madras HC reiterates Featured image for article: Reasoned orders are a necessity in patent refusals, Madras HC reiterates

The Madras High Court overturned a patent refusal in Signal Pharmaceuticals vs. Deputy Controller of Patents, citing a lack of reasoning in the rejection order. The Court observed that the Patent Office failed to address the applicant’s arguments, disregarded amended claims, and provided no justification for the refusal under Section 2(1)(ja) and Section 3(d) of the Patents Act. The case was remanded for reconsideration, reinforcing the necessity of well-reasoned patent orders.

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Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4

This post covers the aspects of infringement as discussed by the Delhi High Court in the Lava v. Ericsson case. The Court noted that the fulcrum of the dispute between the parties in this case was the issue of whether Lava was guilty of infringing Ericsson’s patents or not.

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Indian Startup Secures Interim Injunction in PIP Patent Dispute with Canva

The Delhi High Court has granted an interim injunction in favor of RxPrism Health Systems, an Indian startup, against Canva, for prima facie infringement of a Picture-in-Picture (PIP) patent. The Court rejected Canva’s arguments of non-infringement and patent invalidity, mandating a deposit of Rs. 50 Lakh and costs of Rs. 5 Lakh.

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