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Patents

BananaIP Counsels > Patents (Page 11)

Patent infringement analysis or FTO analysis in India – Challenges

First Publication Date: 27th January 2010 Patent infringement analysis is one of the key studies that may be carried out under various scenarios. Some of them being: Proactively ensuring that they don’t violate third party IP, by carrying out this study at product development stage When sued by a competitor on the grounds of infringement of their patent rights Patent holders constantly monitor competitors’ products to check whether competitors’ products are infringing their patent, and take necessary actions to enforce their rights In all the above scenarios, the analysis part is carried out using well established doctrines corresponding to direct infringement and...

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Temporary Injunction Cases

First Publication Date: 15th January 2010 M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre) The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency of the suit. After hearing the parties and reviewing the facts on record, the Court refused to grant temporary injunction to...

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Patenting Inventions by Researchers in Universities

First Publication Date: 20th January 2010 This is in response to a question asked by one of the researchers on our website with reference to the patenting of inventions by researchers in the University For all the inventive minds working or studying in different Universities, idea of patenting their invention(s) is quite lucrative. With our experience of dealing with such situation, where a researcher wishes to apply for a patent, a number of issues  should be catered before applying for the patent.  In light of this, following guidelines are provided for the interested researchers. 1. First and foremost step for a researcher who...

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Temporary Injunction – F. Hoffmann-LA Roche Vs. Cipla

First Publication Date: 18th January 2010 The Appellants, F. Hoffmann-La Roche Ltd. (“Roche”), the Licensor of a patent relating to the drug Erlotinib used for cancer treatment and OSI Pharmaceuticals Inc. (`OSI'), the holder of the patent of the said drug, filed an infringement suit against the Respondent, Cipla Ltd. (“Cipla”). The Appellants filed an application for temporary injunction during the pendency of the suit, which was rejected by the Single Judge and therefore, filed this appeal. After hearing both the parties, the Court upheld the rejection of the temporary injunction based on the following reasons: a. The patent granted to OSI related...

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Weekly Patent News: First IP dialogue between India and US, Broadcom versus Volkswagen, Sony and Lenovo patent licensing deal, EPO Joins WIPO’s Digital Access Service and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Indian patent statistics, Interesting inventions, Smart Streetlight with notifier, India and US engage in first ever dialogue on IP, Broadcom files patent infringement suit against Volkswagen, Sony and Lenovo sign design patent license agreement, EPO Joins WIPO's Digital Access Service (DAS) and other Weekly Patent News updates,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Design Quote of the Week "Design has allowed us to stand out; to look different and show that difference boldly" - Joseph D Mansueto, American billionaire entrepreneur. Indian Patent Statistics A total of 716 patent applications have been published in the 44th issue of...

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Patenting a food recipe?

First Publication Date: 14th January 2010 Most of us, when we think about patents, we tend to associate patents with “high-tech” technological innovations. However, truth be told, sometimes patent protection can be easily extended to protect, as many may call, not so high-tech innovations as well. We had blogged earlier about, whether inventions related to method of massaging can be patented. A comment made on that blog post raises an interesting question, and is the focal point of this post. The question is: Can food recipes be patent protected? This question mainly arises because there could be doubt about whether or not, food recipe...

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Is a method of massaging patentable subject matter?

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 12th January 2010 This post is in furtherance of a question posed by one of my students at NLSIU. The question was - "Can a method of massaging be patentable in India?". He apparently saw a massage centre stating that they have patented their massage methods. In my opinion, a process of performing a massage that is not related to treatment of a disease or disorder is patentable in India provided it satisfies the industrial applicability, novelty, inventive step and specification requirements. There is no provision under the Patents Act that prohibits patentability of a massage method that does...

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Temporary Injunction: Mariappan Vs. A.R. Safiullah

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 9th January 2010 The holder of a patent relating to "food-grade laminated paper and a method and apparatus for manufacturing the laminated paper" filed an infringement action against Mariappan and others and sought an interim injunction to restrain infringing activities during the pendency of the suit. The Court started its analysis by observing that it was a settled position of law for granting an order of ad-interim injunction including the infringement of Designs, Copyrights and Patents that the applicant/plaintiff must prima facie establish that balance of convenience lay clearly in his favour and irreparable loss might be caused to...

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Temporary Injunction: J. Mitra Vs. Kesar Medicaments

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 8th January 2010 The patent holder, Appellant, of a patent relating to a device for detection of antibodies to HepatIT is C Virus filed an infringement suit against the Respondents and applied for an interim injunction during the pendency of the suit. The Court first observed that it is well settled as held in the decisions in Bishwanath Prasad Radhey Shyam and Standipack Private Ltd. cases that the grant of a patent would not give rise to a presumption of validity of the patent notwithstanding the examination and inspection carried out by the Patent Controller and that the...

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Temporary Injunction: Manika Thevar Vs. Star Plough Works

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

First Publication Date: 6th January 2010 The Appellant, who is the patent holder of a patent relating to a pattern of a plough having a twist filed an infringement suit against the Respondent alleging that sale of similar ploughs amounts to infringement and applied for interim injunction against the Respondent during the pendency of the proceedings. In response, the Respondent denied the allegation of the Appellant by stating that the plough patented by the Appellant was not infringed because the patent was invalid as it was well known and lacked inventive genius. The Court started its reasoning by expounding the principles regulating...

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