First Publication Date: 21st December 2008.
Issue
Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act.
Holding
Yes, a human made microorganism is patentable under section 101.
Case Facts
Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing…
First Publication Date: 10th November 2008
The Apache License applies to all software contributed by Apache or any other person under the license.
Copyright and Patent License
The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law:
Right to reproduce the software;
Right to modify the software;
Right to publicly display;
Right to…
First Publication Date: 14th September 2008
CASE FACTS:
The appellant, R. G. Anand, an architect by profession and also a playwright, dramatist and producer of several stage plays, wrote and produced a play called ‘Hum Hindustani’ in 1953. It ran successfully and was re-staged in 1954, 1955 and in 1956. Aware of the interest of the plaintiff in filming the play in view of its increasing popularity, the second defendant, Mr. Mohan Sehgal, contacted plaintiff.
In January, 1955, plaintiff met the second…
First Publication Date: 4th September 2008
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…
First Publication Date: 30th August 2008
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…
First Publication Date: 30th August 2008
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…
First Publication Date: 28th August 2008.
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 registered in 69 countries. Yahoo Inc…
First Publication Date: 24th July 2008
Case Facts
Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a…
First Publication date: 26th July 2008
Issue
Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used?
Holding
Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents.
Rule
102 (a)
Facts
Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of…
First Publication Date: 1st May 2008
Dr. Sudhir is a graduate from St. John’s Medical College and Sloan School of Management, MIT. He has been on the founding team of three life sciences companies which include Angstrom Medica, Massachusetts, a nanotechnology based orthopedics application Company; Triesta Sciences, California, a genomics based cancer research organization and ClinTest International, Michigan. He currently serves as a CEO of ClinTest International and also runs Sandbox, a life Sciences Incubator.
Q1. What is the value of…