Patent Litigation | Intellepedia

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.

Pharmaceutical Business Strategy – A Brand Name Perspective

The post explores how brand name drug companies exploit regulatory provisions to maintain market dominance during generic drug challenges. It details the legal and procedural mechanisms involved, focusing on the strategic use of the 30 month stay period under the Hatch Waxman Act.

Pharmaceutical Business Strategy – A Generics Perspective

This article examines the strategy of generic drug companies in challenging pharmaceutical patents, focusing on Paragraph IV certifications and related litigation. It highlights trends, success rates, and the increasing participation of Indian companies in the US generics market.

Assessing Patent Risks in India

This post examines the essential steps for assessing patent risks in India, focusing on infringement analysis and the tests for equivalence. It also considers the relevance of exemptions and the need for detailed, technology-specific evaluation in patent matters.

Temporary Injunction Cases

This post examines two landmark Indian cases where courts declined temporary injunctions in patent infringement suits. The judgments clarify the principles guiding interim relief, including the need for a prima facie case and a favourable balance of convenience.

Temporary Injunction: J. Mitra Vs. Kesar Medicaments

In J. Mitra Vs. Kesar Medicaments, the Court examined criteria for granting a temporary injunction in a patent infringement suit. The analysis considered patent validity, infringement, and the balance of convenience, ultimately favouring interim relief for the patent holder.

Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

The Appellate Board dismissed the revocation request against Valasumani Lathe Works’ patent, finding no anticipation from prior art or abandoned applications. This decision clarifies key principles on anticipation and prior art for Indian patent law.