Who Bears the Patent Credibility Challenge Burden?
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…
Patent Litigation
99 articles
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 the rejection of…
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…
Revisiting 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…
Madras 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…
Unreasoned 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…
Clarifying 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…
Court criticizes Patent Office for using outdated CRI Guidelines
The Madras High Court condemned the Patent Office’s reliance on outdated CRI guidelines in Microsoft’s patent application case, highlighting the significance of technical effect in computer related inventions.…
Cancerous 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…
Novelty 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…