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BananaIP Counsels > Patents (Page 52)

Patent: Astrazeneca to retain Sweetness of Onglyza

This image depicts Tablets of different colors. This image is relevant as there is a Patent Infringement dispute between Aurobindo Pharma and Astrazeneca. Click on the image for more information.

Aurobindo Pharma, USA, has been dragged to the Court for patent infringement by Astrazeneca. The suit filed is against the ANDA (Abbreviated New Drug Application) filed by Aurobindo Pharma with the USFDA with regard to seeking the market approval for Saxagliptin hydrochloride tablets before the expiry of its US patent. Aurobindo Pharma plans to market the generic versions of Saxagliptin hydrochloride tablets of 2.5 mg and 5 mg strengths.

Astrazeneca is the sole marketer of Saxagliptin hydrochloride tablets having got marketing approval from the FDA through an NDA (New Drug Application) and markets the drug in the US under the brand name Onglyza. Onglyza (saxagliptin) is an oral dipeptidyl peptidase 4 (DPP-4) inhibitor used for the treatment of Type-2 Diabetes Mellitus. These drugs act by promoting insulin secretion by the pancreas and control the liver from excess sugar production. It is a popular drug that effectively controls blood sugar without weight gain like other anti-diabetics.

Intellectual Property: Weekly Warm up with Sinapse!

This image reads Weekly warm up with Sinapse. This post aims to be a quick capsule of all the IP related activity of the past week. Click on the image to read the full post.


… The Indian Government has called upon the Department of Electronics and Information Technology and Survey of India to initiate “appropriate” legal action against Google for wrongly depicting India’s international boundaries.


… Gamers play some of the most popular games while copyrights over such games are reserved with developers. They often face allegations of copyright infringement. YouTube has come to the rescue by introducing “copyright strikes”. This news was brought up when Activision Publishing, Inc., a video game developer, flagged videos featuring glitches or bugs in its latest game Call of Duty: Advance Warfare.

Patent licensing agreement for Google and Verizon

Google has now entered into a patent cross selling agreement with Verizon after cutting similar deals with Cisco, Samsung and LG, in its pursuit to attain cutting-edge technology and fend off lawsuits. The contract will not give Google and Verizon access to each other’s patents, but will forbid them from filing lawsuits against each other over patent infringements of their existing patents as well as patents obtained by them over the next five years. The agreement will cover a wide range of products and technologies.   Google could have entered into the agreement to safeguard its interest in avoiding lawsuits over...

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From China with Love: The Xiaomi Story

This image depicts a brand new MI 3 Phone which is a product of Xiaomi. This image is relevant as this article is all about the entry of Xiaomi into the Indian Market. Click on this image for more information

Just a few months ago, this particular cellular company took the market by storm and made its stand in the 3rd rank of the world’s cellular companies. It not only pleased consumers, but also gave tough competition to leading brands in the market. As a matter fact, the phones sold like hot cakes within minutes of its release on one of the biggest online shopping destinations, Flipkart. More recently, the company got into a patent spat, the first of them, with another biggie, Ericsson. Even more recently, the ban was partially lifted.

Xiaomi is the name that jumps to mind immediately. This phone gained all the stardom due to its amazing specifications. It did not provide any specification out of the box when compared to its competitive brands but what it did provide was all the highly featured specifications which the leading brands sell for very high cost. Xiaomi sold the same specifications for half the cost. This low cost phone with high end specifications was then known to be a “Chinese iPhone”. Xiaomi, having moved out of China, has made its stand in seven countries in Asia and is on track to sell 60 million smartphones this coming year.

Wacky Patents 4 – Mode-Enhanced Hindustani Music

This image depicts musical notes. This image is relevant as the article is about Mode enhanced Hindustani Music. Click on the image for more information.

It’s a musical world. From the pitter patter of raindrops to pulsating headaches, there is music everywhere. In many languages, voice modulation and tone become part of communication. Ever wondered if a method of creating music could be patented?

Well, that’s exactly what Wacky Patent 4, Mode enhanced Hindustani Music is about. US Patent Application No. 10/082,777 filed in February, 2002 by two inventors of Indian Origin, Prabhakar Prahlad Jamkhedkar and Prashant Prabhakar Jamkhedkar, was granted Patent No. 6,750,387 in June, 2004. Now, on that note (pun intended), let’s see what this patent is all about!

The TSM Test and Non-obviousness

This image depicts two dolphins jumping high over the sea with the sunset in the Background. This image is relevant as it deals with TSM test which is the Teaching, Suggestion and Motivation test. Click on the image for more information.

TSM test is the Teaching, Suggestion and Motivation test. It simply means, when analysing the obviousness of an invention while comparing it with prior art, these are the three questions that have to be asked:

  • Is the prior art quoted instrumental in teaching the reader the method of producing the invention?
  • Does the prior art or any of its contents suggest any method of producing the invention in question?
  • Does the prior art talk about problems related to a particular technology motivating an invention in a particular manner?

It must be well understood by now that to receive a patent over an invention there has to be leap. A sufficient “leap” beyond what is already known that can be demonstrated as objectively as possible. As laid down in Hotchkiss v. Greenwood, 52 U.S. 248, 267 (1850), what is looked for is the evidence of “more ingenuity and skill… than were possessed by an ordinary mechanic acquainted with the business.”

Non-Obviousness and the Trilogy

This image depicts a Gavel, a hammer which is used by a Judge to get attention. This image is relevant as the articles deals with the famous 'Trilogy' theme in the area of patent. Click on the image for more information

The Supreme Court’s non-obviousness precedent commenced with Graham v. John Deere Co.and its companion cases, Calmar v. Cook Chemical and United States v. Adams, collectively referred to in patent circles as the Trilogy. This trilogy represents the Supreme Court’s first interpretation of the statutory non-obvious requirement. The principal issue in the trilogy was establishing the level of ingenuity necessary to satisfy the Section 103 non-obvious requirement that had been added to the Patent Act in 1952.

The decision in Calmar offered a detailed description of prior art and the differences between the claims at issue and the prior art. The opinion, however, provided no discussion of the level of ordinary skill in the art. On the other hand, Adams contained some analysis relevant to the person of ordinary skill, but remains deficient in defining the level of ingenuity necessary to satisfy the non-obvious requirement.

Wacky Patents 3: Earth Orbital Bombs as Nuclear Deterrents

This image depicts a nuclear explosion which looks like a Mushroom creating a shockwave over a specified area. This image is relevant as the article deals with Earth Orbital bombs as Nuclear Deterrents. Click on the image for more information

The world is facing a lot of problems like energy crisis, border disputes, international security issues and the deadliest of all, the Nuke! The world is trying to combat these issues, both individually and collectively, and yet is unable to come up with a comprehensive solution. But Arthur Paul Pedrick came up with a one-stop shop for all global concerns with his invention titled, Earth Orbital bombs as Nuclear Deterrents.

The patent specification starts off with a philanthropic note saying that the invention is concerned with the means for meeting the world’s so-called “energy-crisis”. But then speaks of what the invention is actually about, when the specification discloses that, in particular, the invention deals with “…the provision of a system of orbital nuclear bombs whereby distrust between nations may be removed to the extent that they can release the deuterium and tritium in their stored nuclear bombs to allow it to be used for peaceful purposes i.e., more particularly for the generation of electricity…”

Patently Asia – A Drug War!

This image depicts a Samurai Warrior with leaves falling on her. This image is relevant as the founder of Kratom is Natalie. Click on the image for more information

Japanese Patent about a pain-killing drug extracted from ‘Kratom’ (Mitragyna Speciosa), a well-known Southeast Asian medicinal plant, is creating contradictions. Patent documents and other publications reviewed, are silent on the origin of Kratom utilized by Chiba and Josai. Patents have been issued in Japan and the US, and patent applications may be pending elsewhere.

How the Plant became a Painkiller drug:

In the early 2000s, Japanese researchers began analyzing compounds extracted from Kratom as part of a program to assess medicinal plants. They identified one Kratom compound, 7-hydroxymitragynine, as having particularly potent painkilling effects – considerably stronger and with no side effects, than even morphine, in animal experiments (According to the researchers, from Chiba National University and Josai University).

“Children, Don’t Just Invent, File Patents!”

The image depicts a robotic child wearing a Graduation Hat. This image is relevant as the article is about Patent. Click on the image for more information

The secret of genius is to carry the spirit of the child into old age – Aldous Huxley

Every child is a genius.

I wish all SiNApSE readers a very Happy Children’s Day.

This post brings you the knowledge about 4-year-old Sydney Dittman, who invented an aid for using knobs, called Aid for grasping round knobs (US 5231733), an extremely useful invention for the disabled. She invented it while playing with her toys and now you know that inventing is nothing but play and fun.

For Patent Geeks, here is the info:

Abstract: Apparatus for grasping circular knobs which may be attached to drawers or doors of cabinets or the like including a generally dome-shaped grasping element having a handle attached thereto and extending outwardly therefrom. The internal surface of the generally dome-shaped element includes a series of internal shoulders of various diameters for the purpose of grasping knobs of various sizes so that the handicapped person may more easily manipulate the drawer or door to which the knob is attached.

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