Patent law is one of the most complex legal areas, more specifically a techno-legal area where lay persons, including judges and patent attorneys have a hard time understanding the facts and technologies discussed during patent litigation cases. A scientific advisor or a scientific expert in the specific technology plays a crucial role in educating and presenting intricate technological issues, he/she helps translate complex technology and communicate the legal implications of conclusions into terms the judges and the patent attorneys can…
This presentation was delivered by Dr. Kalyan C. Kankanala as a part of the course for senior management and IP Officers in the Automobile Industry. The presentation covers:
Patent Infringement Basics;
Freedom To Operate Analysis for Automotive Sector - Issues and Challenges;
Literal Infringement and Doctrine of Equivalence in India;
Claim Construction, Analysis and Element Mapping;
All Elements Rule;
Pith and Substance, Substantial Equivalence;
Example of Jack Holder;
Example of Flipable Seat;…
The makers of the famous TiVo DVR systems, TiVo Inc. are taking Samsung to court over the alleged patent infringement of four of their patents. Deja vu? Feels like we’ve heard this story before, haven’t we? Well, TiVo loves the litigation game and has taken several big companies, such as EchoStar/Dish, AT&T, Motorola, Verizon and Cisco, to court for infringing its patents, winning almost a whopping $1.6 billion in damages.
So why is TiVo suing Samsung this time? According to…
This post was first published on 26th August, 2014.
The concept of law or the legal system is not new. But when someone says “I work in Intellectual Property Law, as a Patent Advocate,” he is often met with a look of incredulity. The path of Patents is less traveled and it is no surprise that there are several misconceptions regarding Patents in the mind of the layman. Here's unraveling some of the most common myths about Patents.
1. I've got an Idea. I should get…
After Teva, Mylan has recently settled its patent litigation with Pfizer. After the settlement, a generic version of the drug is expected to hit the market in 2017, instead of 2020, the year of patent expiry in USA. The early release of the drug is expected to reduce the cost of the drug, benefiting millions of users as it happened in Europe and Canada in 2013/2014.
The drug, Sildenafil, expired in Europe in 2013, and was the subject of patent…
In a recent patent battle, InterDigital, the patent licensing company, lost its appeal to revive patent infringement suits against Microsoft and ZTE’s phone unit (previously NOKIA). InterDigital had been fighting with Nokia over royalties for over 7 years before Microsoft inherited the fight when it purchased Nokia’s mobile device business. After the ruling, InterDigital’s share price came down by 3.4% to US$ 49.14.
InterDigital had filed a lawsuit against Microsoft and ZTE claiming they had infringed on 5 of its mobile phone technology…
The presentation herein, on patent infringement analysis, is delivered by Dr. Kalyan Kankanala at the National Law School of India University, Bangalore, for Senior officials of the Ministry of MSME, Government of India.
International Business Machine Corp. (IBM) has filed a lawsuit against online travel leader, Priceline and its associated websites for infringing on 5 of IBM’s patents to build its own business model. IBM has made allegations that Priceline has constantly refused to discuss a license to the patented inventions of IBM and should pay royalties on the billions of dollars of revenue it generated using them. Priceline declined to comment on the issue.
Two of the patents Priceline allegedly infringed on are…
In the late 1860s, Margaret Knight was working in a paper bag plant in Massachusetts, USA. The paper bags of the time were conical in shape, with the bag tapering towards the bottom. She felt that a bag with a rectangular shape and a flat bottom could fit more items. So, she designed a model of a machine for automatically cutting, folding and gluing paper bags with a rectangular shape and a flat bottom. She approached a machine shop to…
The IEEE (Institute of Electrical and Electronics Engineers) Standards Association (IEEE-SA) has proposed a change to it’s IP (Intellectual Property) policy. The revised policy can be viewed here. The new policy comprises revisions to the provisions related to commitments from holders of Standards Essential Patents. The revised policy states that the patent holders have to make licenses for Standards Essential Patents available to other parties under Reasonable and Non-Discriminatory (RAND) terms.
The biggest change with respect to the updated policy…