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Patent Litigation Tag

BananaIP Counsels > Posts tagged "Patent Litigation"

Temporary Injunction Cases

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 of the suit. After hearing the parties and reviewing the facts on record, the Court refused to grant temporary injunction to...

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Temporary Injunction: Mariappan Vs. A.R. Safiullah

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

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 must prima facie establish that balance of convenience lay clearly in his favour and irreparable loss might be caused to...

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Temporary Injunction: J. Mitra Vs. Kesar Medicaments

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

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 presumption of validity of the patent notwithstanding the examination and inspection carried out by the Patent Controller and that the...

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Temporary Injunction: Manika Thevar Vs. Star Plough Works

Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

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 was invalid as it was well known and lacked inventive genius. The Court started its reasoning by expounding the principles regulating...

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Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

The image depicts the cover of the presentation with title of Patent Infringement Presentation by Dr. Kalyan C Kankanala

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 claiming that the manufacture, preparation and sale of Uni-Tolbid tablets or Tolbutamide by the Respondents infringes its patent. In response to...

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Bajaj-TVS Litigation

The image depicts Bajaj Logo.

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 the use of twin spark plugs for efficient combustion of lean air fuel mixture in small bore ranging from 45 mm to 70 mm internal...

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Patentability of New Form, Use or Property – Section 3(d)

The image depicts the cover of the presentation with title of Concepts related to Patentability by Somashekar Ramakrishna

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 a known substance will be considered to be the same substance and are not patentable, unless they differ significantly in properties with...

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Garaware Vs Techfeb

The image depicts a gabion alongside a river.

  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 try googling for details, and you might just get lucky!While there are various issues that I would like to analyze...

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Indian Patent Cases, Patentability Requirements, Patent Litigation, Interesting patents, Patent Licensing, Patent Tips and more

The featured image shows a green school board on which the following words appear to be written by chalk. The words read "Patent news : Weekly updates". To get your weekly updates and news on IP, click here.

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 increased as compared to the previous week. Between 27th March to 3rd April 2017, 840 applications have been published which marks a 13.92%...

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World’s Best IP Blogs – PatLit

The custom image reads World best IP blogs - PatLit. The post is about the weblog known as PatLit. To read more click here.

  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 over an invention for a specified period of time (normally 20 years). However, the lives of such patented inventions can be...

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