Patent Litigation | Intellepedia

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.

Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

This post provides a detailed analysis of the Tolbutamide patent infringement case between Aktiengesellschaft Vormals Meister Lucius & Bruning and Unichem Laboratories. It discusses the Court’s interpretation of patent claims and the implications for Indian pharmaceutical patent litigation.

Bajaj-TVS Litigation

The Bajaj-TVS litigation explores the complexities of enforcing patent rights in the Indian motorcycle industry. Courts examined the validity and scope of patents, ultimately finding the technologies distinct and lifting the interim injunction. This case provides insight into judicial reasoning in Indian patent disputes.

Shall We Amend the Claims During Litigation?- AGC Flat Glass Europe Sa vs Anand Mahajan And Ors

The post discusses whether patent claim amendments should be permitted during litigation, highlighting the Delhi High Court’s approach in the AGC Flat Glass case. It critically evaluates the legal and procedural implications of such amendments within the Indian patent system.

Claims! A Legal Fence and Public Notice

This post analyses the legal function of patent claims in India, focusing on their role as a boundary for inventor rights. It discusses how prosecution history and litigation impact claim interpretation and the scope of patent protection.