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.
Read more about Revised Draft Guidelines for Examination of Patent Applications in the Pharma IndustryTag: Patent Litigation
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.
Read more about Final Rules For Administrative Trials PublishedPatent 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.
Read more about Patent Trolling : Can’t Live With, Can’t Live Without!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.
Read more about Patent Suit over ViagraWar 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.
Read more about War Over Patent Ownership – Stanford v. RochePatent 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.
Read more about Patent Damages: How Much is Too Much?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.
Read more about Open Source – A Business RealityStory 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.
Read more about Story of an Unchallenged Patent: Certainly UncertainPharmaceutical 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.
Read more about Pharmaceutical Business Strategy – A Brand Name PerspectivePharmaceutical 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.
Read more about Pharmaceutical Business Strategy – A Generics Perspective