The second case of “calling for third-party opinions”
The procedure of calling for third-party opinions was introduced on April 1, 2022, in patent and utility model infringement suits. In the second case under the proceeding, the Intellectual Property High Court (IPHC) issued a request for opinions with a deadline of...
Revocation petition maintainable though no live patent subsisting: Macleods Pharmaceuticals Ltd v. Boehringer Ingelheim Pharma
Macleods Pharmaceuticals Ltd., the petitioner, is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The respondent, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and...
The BASF judgment: how timing uncertainty impacts divisional patent applications in India
Patent applicants in India often face a practical question: what is the last possible opportunity to file a divisional patent application? While the Indian Patents Act (1970) specifies this can be done “any time before the grant of the parent patent application,”...
Delhi High Court reaffirm a ‘method of treatment of plants’ would not fall under the purview of ‘method of agriculture’
In the appeal of Syngenta Crop Protection Ag v. Assistant Controller Of Patents before the Delhi High Court, the refusal order passed by the Ld. Controller of Patents on Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice...
Nike leads way in footwear patent filings as manufacturers compete in ‘running shoe arms race’
Shoe manufacturers in a race to develop more advanced technologies such as carbon plates and nitrogen bubbles – patent and trademark litigation has followed New entrants like Li-Ning, Xtep, Hoka, and On are competing to supply elite runners. Nike is leading the way...
Crystalizing plant variety infringement protection in India
On September 20, 2024, the Delhi High Court ruled in Pioneer Overseas Corporation v. M/s Evercrop Agro Science & Star Agrotech Pvt. Ltd. (CS(COMM) 759/2024), a significant case addressing plant variety infringement under the Protection of Plant Varieties and...
German criminal court finds three defendants guilty of fraud for sending misleading invoices to EUIPO customers
In September 2024, the Munich Court (Germany) found three defendants guilty of commercial gang fraud for sending misleading invoices to EUIPO customers. Each defendant was sentenced to one year and 10 months of imprisonment, suspended with a three-year probation...
Pocketpair, I choose you… to sue: an early glimpse into the Nintendo-Pocketpair litigation
Out of the blue on September 19, 2024, video game company Nintendo and The Pokémon Company issued a joint news release via a post on the Nintendo website. The post asserted that Pocketpair infringed certain patents but contained sparse details about the alleged...
Increase in patent fees in Russia
From October 5, 2024, the amount of patent fees collected in Russia has increased in accordance with the relevant draft government resolution. The changes will affect legally significant actions related to such intellectual property items as inventions, utility...
COPA and Unified Patents sign partnership to protect the crypto community from patent trolls
Launch of Blockchain Zone to challenge patents owned by non-practicing entities (NPEs) that could impact the open-source ecosystem NPEs still account for 58% of all [US] patent litigation; partnership aims to deter NPE activity in crypto October 1, 2024 - Today,...
ERS Genomics and Université de Montréal sign CRISPR/Cas9 license agreement
License agreement provides Université de Montréal access to CRISPR gene editing technology for use across its platform services Dublin, Ireland, and Montreal, Canada - October 1, 2024 - ERS Genomics Limited (‘ERS’), the CRISPR licensing Company, and Université de...
Relentless pursuit of victory: BMW Group prevails in Arigna patent litigation saga
BMW Group prevailed in its long-running battle against Arigna Technology Ltd. While Arigna’s efforts spanned years and multiple venues — BMW Group’s multi-faceted legal strategy and refusal to settle ultimately forced Arigna to fold. Pressuring from all sides: BMW...
Looks can be deceiving: the first denial of a design patent IPR petition since LKQ
This August saw the first denial of an inter partes review petition for a design patent at the Patent Trial and Appeal Board (PTAB) since the Federal Circuit’s en banc decision in LKQ Corporation v. GM Global Technology Operations LLC. In Next Step Group, Inc. v....
Tesla demolishes Avago in two UPC cases
Late August 2024 saw two UPC cases decided in Avago’s patent litigation battles with Tesla, with Tesla coming out in front in each case. In the first decision, by the UPC Local Division Hamburg, Avago’s patent EP1612910B1 was narrowed to such an extent that there was...
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