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BananaIP Counsels > Posts tagged "Patents" (Page 11)

Temporary Injunction – F. Hoffmann-LA Roche Vs. Cipla

First Publication Date: 18th January 2010 The Appellants, F. Hoffmann-La Roche Ltd. (“Roche”), the Licensor of a patent relating to the drug Erlotinib used for cancer treatment and OSI Pharmaceuticals Inc. (`OSI'), the holder of the patent of the said drug, filed an infringement suit against the Respondent, Cipla Ltd. (“Cipla”). The Appellants filed an application for temporary injunction during the pendency of the suit, which was rejected by the Single Judge and therefore, filed this appeal. After hearing both the parties, the Court upheld the rejection of the temporary injunction based on the following reasons: a. The patent granted to OSI related...

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Patenting a Food Recipe?

  First Publication Date: 14th January 2010   Most of us, when we think about patents, we tend to associate patents with “high-tech” technological innovations. However, truth be told, sometimes patent protection can be easily extended to protect, as many may call, not so high-tech innovations as well. We had blogged earlier about, whether inventions related to method of massaging can be patented. A comment made on that blog post raises an interesting question, and is the focal point of this post. The question is: Can food recipes be patent protected? This question mainly arises because there could be doubt about whether or not, food recipe...

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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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Indian Patent Revocation: K. Manivannan, Vs. Shri M. Mani, Proprietor Valasumani Lathe Works

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

First Publication Date: 3rd January 2010 A patent was granted to Valasumani Lathe Works (“VLW”) for an invention titled "IMPROVED THRESHING AND SEPARATING MACHINE". The applicant in the case, Manivannan trading as Kumar Industries, filed an application for revocation of the patent before the Appellate Board. The applicant contended that VLW’s invention was not patentable in the light of the applicant’s patent application relating to a machine for threshing of corn, which was abandoned and the machines of the applicant, which were being used before the application date of VLW. The applicant claimed that the invention was anticipated based on prior...

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Small Business Innovative Research Initiative (SBIRI) Scheme from Department of Biotechnology

The image depicts the cover of the presentation with title of Trade Secrets and Biotechnology by Dr. Kalyan C Kankanala

First Publication Date: 24th December 2009. Department of Biotechnology has introduced a scheme to fund projects of small business innovative research Initiative. The scheme has become immensely popular as almost 56 Successful SBIRI applicants are listed for the scheme as on 26/11/2009. The aim of the scheme is to encourage small and medium scale industries to take up risk in innovative R&D in biotech sector. The intellectual property generated from the Project shall be the joint property of the Industry and DBT (in case of single industry) or whoever (Industries or DBT) contributed for generation of the intellectual property in case of...

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Interesting Patent Pending Invention

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

  First Publication Date: 21st December 2018   Most technology and engineering companies perceive development of a good portfolio of patents as a key function that enables them to differentiate themselves from their competition, and maintain strategic advantage in their business. Companies adopt various patent generation, protection and management strategies to develop a portfolio of patents. Strategies used by companies for generation of IP include, identifying inventions generated within the company, tying up with universities to generate IP, and acquiring third party IP. Acquiring third party IP can benefit the company if the company successfully identifies good inventions generated by third party, such as...

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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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Scope of Government Use Exemption in India

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

First Publication Date: 14th December 2009 In a recent case involving Chemtura Corporation, Union of India and Others, the Delhi Court interpreted the scope of government use exemption under Section 47 of the Patents Act. The patent holder in the case, Chemtura, filed a patent infringement suit against Union of India and others with respect to an invention concerning side bearing pad assembly and sought a temporary injunction during the pendency of the suit. The infringement action was filed against Government of India and a consortium that supplied the product falling within the scope of the Chemtura’s patent under a railway...

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Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

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

First Publication Date: 15th December 2009.   This case can be considered to be the most important case in inventive step jurisprudence in India. Though the case was decided in 1978, the principles laid down in the case are followed even today and have been codified in the Indian Patent Act. The patent in the case related to a means for holding utensils for turning purposes . According to a preferred feature of the invention disclosed in the patent, the pressure end of the spindle was rotatably mounted and for that purpose it comprised an independent piece engaged by a hollowed end in...

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