Patent Litigation | Intellepedia

When Delay Becomes Denial: Calcutta High Court Overturns Patent Rejection

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...

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.

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.

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.

Patent Trolling : Can’t Live With, Can’t Live Without!

This article analyses patent trolling with a focus on the RIM v. NTP case and the difficulties innovators face in patent litigation. It highlights how procedural gaps between courts and patent offices enable trolls to exploit the patent system.

Patent Suit over Viagra

Pfizer has sued Watson Laboratories to delay generic Viagra, leveraging the Hatch-Waxman Act and its patents. This case examines Pfizer’s legal strategy and the implications for generic competition in the pharmaceutical market.

War Over Patent Ownership – Stanford v. Roche

The Stanford v Roche case before the US Supreme Court addresses complex questions of patent ownership under the Bayh-Dole Act. This dispute underscores the ongoing challenges universities face in managing intellectual property developed with federal funding.

Patent Damages: How Much is Too Much?

The Uniloc v Microsoft case has reignited the debate on calculating patent damages, with the US Federal Circuit rejecting the 25 percent rule as a basis for reasonable royalty. This decision is likely to shape future patent infringement litigation both in the US and globally.

Open Source – A Business Reality

Open source has become integral to modern business, expanding beyond software into diverse sectors. This post examines the legal challenges, including patent disputes, that companies face with open source adoption. Managing these risks is essential to maximise the benefits of open source.

Story of an Unchallenged Patent: Certainly Uncertain

This post analyses the uncertainty inherent in interpreting patent claim scope under Indian, US, and European regimes. Despite formal clarity requirements, the true boundaries of protection remain subject to individual interpretation and litigation outcome.