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Intellepedia – IP News Center

Trademarks: Ranbaxy Laboratories Ltd. – Plaintiff v. Dua Pharmaceuticals Pvt. Ltd. – Defendant, 1988 Arb. L. R. 315 (Delhi High Court).

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Authored by Anupama Y., Judgment delivered by B.N. Kirpal CASE FACTS: Ranbaxy Laboratories, a well-known pharmaceutical company, manufactured the CNS  depressant Diazapem in 5 mg tablets and sold them under the trade name of  CALMPOSE. The trade mark of CALMPOSE was registered in 1970 and has been in use  since then. The company made about 40 crores selling the drug under this trade name.  The medicine was packaged with aluminum foil on one side and polythene film on the  other in colors of silver and brown. Dua Pharmaceuticals manufactured a similar medicine and marketed it under the name of CALMPROSE. The packaging of CALMPROSE was similar...

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Patent: Case Note: Rotec Indus. v. Mitsubishi Gajarsa Corp., 215 F.3d 1246

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Author: Kalyan Chakravarthy Kankanala, Chief Knowledge Office, Brain League IP Services (Is now BananaIP Counsels) Case History Rotec is an assignee of the 291 patent and sells a system disclosed by the that patent under the name power belt. On AUGUST 9, 1995 the People's Republic of China solicited bid proposals for five units of a concrete placing system to be used in the Three Gorges Dam project on the Yangtze river. Mitsubishi corp and Mitsubishi International collectively called ME, a French corp. Potain, Johnson who was working on a design of a conveyor system prepared a bid with the help of Tucker Association...

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Patent: Case Note: State Street Bank & Trust Co. v. Sign. Fin. Group, Inc., 149 F.3d 1638,

The image depicts the State Street Bank in Canary Wharf - London.

Author: Kalyan Chakravarthy Kankanala, Chief Knowledge Office, Brain League IP Services (Is now BananaIP Counsels). Opinion delivered by Judge Rich. Case Facts Signature Financial Group Inc., herein after referred to as Signature was issued the US Patent No. 5, 193, 056, herein after referred to as '056' Patent. in the year 1993. The patent deals with a data processing system called 'Hub and Spoke', which enables the administrator of a mutual fund to combine the advantages of economies of scale in administering investments and the advantages of a partnership. The system does this by enabling a structure that organizes mutual funds in an investment...

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Patents: Case Note: Tilghman v. Proctor, 102 US 707 (1880)

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Author: Robert Meyer, IP Attorney, Texas, USA Facts • The patent was issued October 1854 and relates to the treatment of fats and oils, separating their component parts, resulting in oleic acid which is used to manufacture soap. • The chemistry of the process was practiced by Chevreul in 1813. • The patent has a single claim “…the manufacturing of fat acids and glycerine from fatty bodies by the action of water at a high temperature and pressure.” • There was a long history of the development of the art but the process was never fully understood. • Acids were only unintentionally produced before. • Previous experiments...

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Patent: Case Note: Topliff v. Topliff

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Author: Kalyan Chakravarthy Kankanala, Chief Knowledge Office, Brain League IP Services (Is now BananaIP Counsels). Case Facts A mechanical device was patented and a first reissue was filed within four months of the patent on April 9, 1872. The reissue was granted. Then after four years The second reissue was filed a little more than a month after the first was granted. In this reissue the specification was largely refrained, drawings changed in form not in substance and the claim was changed by adding a necessary phrase. Issue Whether a second reissue can be granted if the applicant alters the claim after refraining and changing...

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Patent:Case Note: Warner-Jenkinson Co., Inc. v. Hilton Davis

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 Author: Kalyan Chakravarthy Kankanala, Chief Knowledge Office, To know more about BananaIP (Earlier known as Brain League) visit www.bananaip.com Petitioner and respondent both manufacture dyes from which impurities must be removed. Respondent's "'746 patent," which issued in 1985, discloses an improved purification process involving the "ultrafiltration" of dye through a porous membrane at pH levels between 6.0 and 9.0. The inventors so limited their claim's pH element during patent prosecution after the patent examiner objected because of a perceived overlap with the earlier "Booth" patent, which disclosed an ultrafiltration process operating at a pH above 9.0. In 1986, petitioner developed its own...

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Patent: Parlay and 1st Technology settle patent dispute

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A patent infringement suit was filed by 1st Technology against Parlay Entertainment Incorporated, a Canadian based online and television bingo software solutions provider, for infringing technology which provided enhanced interactivity and optimized delivery of high quality multimedia information over various bandwidth networks. According to Parley, a settlement was tried to be negotiated to avoid unnecessary cost of patent litigation. A stipulation and Order of Dismissal was filed with the United States District Court, District of Nevada and the settlement was finally reached between the parties, which pertained to all direct and indirect licensing done by Parley till the date of...

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Trademarks: Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620 (Delhi High Court).

The image depicts the purple Yahoo logo

Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620 (Delhi High Court). Author: Anupama Y., Intern To know more about BananaIP (Earlier known as Brain League) visit www.bananaip.com Judgment delivered by Dr. M.K.Sharma CASE FACTS Yahoo Incorporation is the owner of the well known trade mark, Yahoo and of the domain name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good will and reputation. Yahoo.com had been registered by Yahoo Inc with Network Solution Inc since 1995 and offers a whole range of web based services. The trade mark Yahoo had been registered or was close to being...

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Patent: Case Note: Zenith Elecs. Corp. v. Exzec, Inc., 182 F.3d 1340 (Fed. Cir 1999)

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Author: Ken Aoki, Patent Agent, Japan CASE HISTORY Zenith and Elo Touch sued Exzec for infringement. Exzec counterclaimed Elo Touch violates the federal and state unfair competition laws. Elo Touch moved to dismiss the claims. The district court denied the motion. Elo Touch appeals. CASE FACTS • Zenith and EloTouch sued Exzec for infringement. o The patent covers computer touch panel. • Exzec counterclaimed based on the federal and state unfair competition laws. o federal law: 43(a) of the Lanham Act o state law: Illinois common law • Exzec alleges that Elo Touch made false representations: (1) of patent infringement; (2) of Exzec’s inability to design around the patents. • Elo Touch...

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Copyright: Software Licensing Dispute Settlement

The image depicts a skull with an eye patch and bandana - pirate.

Business Software Alliance (BSA) announced a settlement deal with regard to separate software piracy claims against two Wisconsin based companies i.e. Argus Technical Services of Milwaukee and Total administrative Services Corporation (TASC) of Madison. As part of the settlement, Argus Technical services paid BSA $50,000 in damages for having unlicensed copies of Microsoft office software installed on its computers and TASC paid BSA $95,000 for having unlicensed copies of Adobe, Microsoft and Symantec office software installed on its computers. Also the companies have agreed to delete all unauthorized software on office computers, acquire any licenses necessary to become compliant, and...

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