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Analysing Prior User Defence Mechanism Against Patent Infringement In India
Introduction “ Prior user right ” refers to the “legal right of a third party to continue using an invention that was already in use...
May 26, 20237 min read
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Karnataka High Court Vacates Temporary Injunction Passed Previously In Favour Of Innoviti Against Pine Labs
Introduction A Patent infringement suit was filed by Innoviti Payment Solutions (“the Plaintiff”) regarding its point-of-sale (POS)...
Apr 10, 20234 min read
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Doctrine Of Equivalents: An Approach To Analyse Patent Infringement
Introduction The advancement of new technologies throughout time has led to an unprecedented increase in patent-related conflicts. A...
Mar 27, 20235 min read
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Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970
p { text-align:justify; } li { text-align: justify; font-size: 15px; line-height: 25px; } INT RODUCTION A groundless threat is one when...
Mar 4, 20224 min read
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GROUNDLESS THREAT OF PATENT INFRINGEMENT
Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary...
Sep 6, 20174 min read
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BLACKBERRY SUES NOKIA FOR PATENT INFRINGEMENT: AN OVERVIEW
The once-powerful mobile phone companies BlackBerry and Nokia are in the headlines again, not for their new technological developments...
Feb 27, 20179 min read
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FRAND-ING PATENT LICENSES AND ITS IMPLICATION IN LANDMARK CASES IN INDIA
Everyday, a number of products are being invented all over the world, some cascading over the improvement of existing inventions, and the...
Feb 27, 201711 min read
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Teva held responsible for Induced Infringement of Eli Lilly’s Blockbuster drug ALITMA
In Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr...
Feb 24, 20176 min read
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Does Focusing on Single Embodiment Limits the Patent Specification?
This issue was handled by the United States Court of Appeals for the Federal Circuit in the SCRIPTPRO LLC, SCRIPTPRO USA, INC.,...
Aug 31, 20163 min read
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Only Common Sense Not Sufficient to Prove Obviousness Over Prior Art
Can the grant of patent be rejected on the obviousness criteria based only on common sense? This issue has been handled by United States...
Aug 31, 20164 min read
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Can Inventors Who Contribute to Only One Claim or One Aspect of One Claim of a Patent, may be Listed on Patent?
This question was handled by United States Court of Appeals for the Federal Circuit in the case of VAPOR POINT LLC, KEITH NATHAN, KENNETH...
Aug 31, 20163 min read
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Federal Circuit Rules 180-Day Post-Licensure Notice is Mandatory in Biosimilar Litigation
In Amgen v. Apotex (No. 2016-1308), the US Court of Appeals for the Federal Circuit on July 5, 2016 affirmed a district court’s ruling...
Jul 11, 20165 min read
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Medecins Sans Frontieres (msf) Challenges Pfizer's Patent Application on Pneumonia Vaccine in India
Médecins Sans Frontières (MSF) also known as Doctors Without Borders, an international humanitarian-aid non-governmental organization,...
Mar 18, 20162 min read
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Intersection between Intellectual Property (IP) and Competition Law
With a growing buzz around how IP and Competition law interface with each other, instances when they can be coupled by Defendants to...
Jan 4, 201615 min read
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Delhi High Court Upholds Roche's Patent Claims on Lung Cancer Drug (Tarceva) against Cipla
A division bench of Delhi High Court on 27 th Nov 2015 held that the Indian drug manufacturer Cipla infringed Swiss pharmaceutical...
Nov 30, 20153 min read
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Research Exemption in Indian Patent Law
The research or experimental use exemption permits researchers and product manufacturers to make certain use of a patented invention. The...
Oct 15, 20156 min read
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Division Bench of Delhi High Court passed an interim order in Glenmark v. Symed (July 2015)
The High Court of Delhi has passed an interim order wherein the Justices have made it clear that the appellant (Glenmark) may use any...
Jul 27, 20154 min read
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Section 3(D) of Indian Patent Act Strikes Again
India revoked yet another drug patent granted to a German MNC, Boehringer Ingelheim, for its respiratory drug, Spiriva ( crystalline...
Jul 27, 20153 min read
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Parallel Imports
A company sets different price for its products for different countries as per the requirements. Parallel Imports come about when there...
Jul 17, 20156 min read
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CIPLA & BMS may settle patent dispute over Entecavir in India
US based pharma major Bristol-Myers Squibb (BMS) and Indian pharma company Cipla Ltd. are heading towards an amicable settlement on a...
May 30, 20153 min read
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