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…
Patent Litigation
96 articles
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…
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…
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…
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…
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 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…
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…
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…
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…