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…
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…
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…
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…
First Publication Date: 20th December 2009
The case related to a patent in respect of the manufacture of new sulphonyl-ureas, salts of those compounds and of anti-diabetic preparation containing such compounds. One of the chemical compounds comprised in the said patent was Tolbutamide, and since 1957 the patent holder had been marketing the same as an anti-diabetic drug in India and all over the world under the trade mark "Rastinon". The patent holder filed an infringement suit against the Respondents…
First Publication Date: 14th December 2009
The litigation between Bajaj and TVS, which was very widely reported in the news showed the value of patents for gaining business advantage. The case briefs with respect to the litigation between the parties have been provided hereunder for the reader’s benefit. The cases relate to grant of injunction by the Court.
Bajaj Auto Vs. TVS Motor Company
Bajaj Auto Ltd. ("Bajaj") acquired a patent with regard to an invention relating to…
First Publication Date: 11th December 2009
Section 3(d) of the Patents Act provides that mere Discovery of a new form or new use or new property of a known substance is not patentable. The discovery of a new form of a known substance will be patentable only if it results in the enhancement of the known efficacy of that substance. Salts, esters, ethers, polymorphs, metabolites, pure forms, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of…
First Publication Date: 7th November 2009
An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent.
The details of the case can be found if you have access to Manupatra, or just…
Indian Patent Cases, Patentability Requirements, Patent Litigation, Interesting patents, Patent Licensing, Patent Tips and more, presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm.
Patent Quote of the Week
“A Patent is not a license to make money, it is a license to prevent others from making money.”
- Dr. Kalyan C. Kankanala, IP Attorney, Author and Professor.
Patent stats from the Indian Patent Office (27th March 2017 to 3rd April 2017)
Activity at Patent office has marginally…
In our recent posts we have featured several blogs that exclusively cover specific areas of IP, such as Patents, Biotech and Pharma patents, Copyrights, Trademarks to name a few. The weblog that we bring to you today covers one aspect of IP law that is very crucial for every patent holder. The blog is called “PatLit” and it covers patent litigation law, practice and strategy, as well as other forms of patent dispute resolution.
Patents grant the patentee a monopoly…