Mold Tek filed a case for infringement of its patents relating to tamper-proof plastic lids, and secured an interim injunction. The Commercial Court vacated the injunction, placing the burden of establishing validity on the patentee. The Delhi High Court reversed this, clarifying that it is the defendant’s burden to raise a credible invalidity defence under Section 107.
Read more about Who Bears the Patent Credibility Challenge Burden?Tag: Patent Litigation
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...
Read more about When Delay Becomes Denial: Calcutta High Court Overturns Patent RejectionReasoned orders are a necessity in patent refusals, Madras HC reiterates
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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.
Read more about Reasoned orders are a necessity in patent refusals, Madras HC reiteratesRevisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
The Delhi High Court upheld the validity of Novartis’s Ceritinib patent against Natco’s challenge, addressing divisional application issues and allegations of suppression. The injunction against Natco remains in force, reinforcing the enforceability of Novartis’s patent rights.
Read more about Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validityMadras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals
The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.
Read more about Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & PharmaceuticalsUnreasoned Post Grant Opposition Decision Set Aside by the Calcutta High Court
The Calcutta High Court set aside a post grant opposition decision in a patent dispute for inadequate reasoning and lack of independent analysis. The matter has been remanded for fresh consideration before a different officer to uphold procedural fairness.
Read more about Unreasoned Post Grant Opposition Decision Set Aside by the Calcutta High CourtClarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ
The Calcutta High Court has clarified the standards for product-by-process patent claims in India, focusing on the necessity of expert evidence in infringement cases. The decision in West Bengal Chemicals v. GTZ provides important guidance for pharmaceutical patent litigation.
Read more about Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZCourt criticizes Patent Office for using outdated CRI Guidelines
The Madras High Court condemned the Patent Office’s reliance on outdated CRI guidelines in Microsoft’s patent application case, highlighting the significance of technical effect in computer related inventions. The court allowed the appeal and directed a new evaluation.
Read more about Court criticizes Patent Office for using outdated CRI GuidelinesCancerous Battle: Novartis and NATCO clash over Eltrombopag
The Delhi High Court Division Bench set aside an injunction against Natco Pharma in the Novartis Eltrombopag patent dispute. The judgment provides key guidance on patent validity challenges and the requirements under Section 3(d) of the Patents Act in pharmaceutical cases.
Read more about Cancerous Battle: Novartis and NATCO clash over EltrombopagNovelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IX
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 IX