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Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

The Delhi High Court overturned the patent refusal for Alimentary Health’s probiotic formulation, emphasizing the need for an objective analysis of inventive step under the Patents Act, 1970. The Court criticized the Patent Office’s decision and highlighted the importance of avoiding hindsight bias in evaluating patent applications. Continue Reading Inventive Step Assessment: To be Anchored in Knowledge of a Person with Ordinary Skill on the Priority Date

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Ad Agency sues Jindal Steels for Copyright Infringement

Ad Agency sues Jindal Steels for Copyright Infringement

An advertising agency, Wieden+Kennedy, sued Jindal Steel for copyright infringement. Wieden+Kennedy claims Jindal Steel’s commercial copied their work product, despite not paying for the full project. The court found some similarities but didn’t rule on infringement. Since the contract included arbitration clause, the court directed the parties to settle through arbitration and asked Jindal Steel to deposit a security sum to prevent the commercial’s broadcast. Continue Reading Ad Agency sues Jindal Steels for Copyright Infringement

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No more 'SOCIAL'izing for SOCIAL CHAI, court issues ad-interim injunction

No more ‘Social’izing for Social chai

The Delhi High Court has issued an ex-parte ad-interim injunction against a restaurant/café operating under the name of Social Chai. The Court held that the addition of the suffix “CHAI” to “SOCIAL” is insufficient to effectively differentiate the Defendant’s mark from that of the Plaintiff’s, especially due to the identical domain of restaurant services. Continue Reading No more ‘Social’izing for Social chai

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SEP, Infringment and principles relating to actual costs - Ericsson v. Lava – Part 5

SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

In this case, the Court has crystallized and reiterated several patent principles relating to patentability under Section 3(k), novelty, inventive step, infringement of Standard Essential Patents (SEPs), Exhaustion, FRAND royalty determination, and so on. Along with other principles, the Court has also outlined the principles for grant of actual costs. Continue Reading SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5

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PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

Explore key legal outcomes in the PepsiCo plant variety case and the latest guidelines for patent agent address changes, as ruled by the Delhi High Court. This post delves into significant IP law decisions, providing essential updates for professionals in the field. Continue Reading PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

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