Patent Litigation | Intellepedia

India up five spots in GII 2019, Vodafone joins LTE patent pool, Natco Pharma in Delhi High Court and more

This edition reports on Indian patent and design statistics, India’s progress in the Global Innovation Index, and legal updates such as Natco Pharma’s relief in the Delhi High Court. Additional coverage includes Vodafone’s participation in the LTE patent pool and global intellectual property news.

Restricting ‘Pay-for-Delay’ Agreements

This post discusses recent fines imposed on pharmaceutical companies for pay-for-delay agreements and examines their impact on market competition and drug pricing. It analyses regulatory measures and the ongoing debate over the balance between innovation and consumer interests.

Alice vs. CLS saga

The Alice vs. CLS case significantly influenced the landscape of software patent protection in the US, particularly for financial technologies. It raised critical questions about the patentability of abstract ideas and has shifted industry standards and legal strategies.

Prosecution History E’stop’pel!

This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.

Salient Features of the US Patent Reform Act 2011

The US Patent Reform Act 2011 brings major changes to US patent law, notably shifting to a first-inventor-to-file system and revising patent challenge procedures. It addresses business method patents, fee-setting, and litigation aspects, with important implications for inventors and enterprises.

Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

The Delhi High Court clarifies the timeline for pre-grant opposition under the Patents Act, distinguishing the rights of any person and a person interested. The judgment highlights legislative intent and the need for vigilance in patent opposition procedures.

Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry

The revised draft guidelines for examining pharmaceutical patent applications in India aim to standardize practices and clarify legal provisions, particularly section 3(d). These guidelines reflect stakeholder input and are designed to address the complexities unique to the pharmaceutical sector.

Final Rules For Administrative Trials Published

The USPTO has published final rules for administrative trials under the America Invents Act. These rules detail the procedures for inter partes review, post-grant review, and business method patent review, aiming to streamline patent challenges and enhance system efficiency.

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.