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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...
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,”...
Realistic costs ought to be awarded considering ever-increasing litigation expenses
Background The plaintiffs, AstraZeneca, filed a suit (CS (Comm.) 101/2022) at the Delhi High Court seeking a permanent injunction to restrain the defendant, Westcoast Pharmaceutical Works Limited, from infringing their patent IN 297581. The patent was for the novel...
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...
Roche v. Zydus: the role of claim mapping in patent infringement cases
The recent judgment dated October 9, 2024, by the Hon'ble High Court of Delhi in F. Hoffmann-La Roche AG & Anr. v. Zydus Lifesciences Limited, CS(COMM) 159/2024 [Neutral Citation: 2024:DHC:7868}, has brought the process of claim mapping to the forefront in patent...
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...
Important notice from UKIPO: action needed to continue using EPO online filing
European Patent Office (EPO) smart cards will expire soon. The UK Intellectual Property Office (UKIPO) has updated its information on GOV.UK with specific details on what actions customers need to take and when. After September 30, 2024, customers will no longer be...
Delhi High Court allows Blackberry patent on ‘auto-selection of media files’
The convergence of various technologies on single devices has posed significant challenges to technology developers. The Appellant, BlackBerry Limited, is a corporation organized under the laws of Ontario, Canada, specializes in providing telecommunication products,...
MR Technologies emerge victorious in patent infringement case against Western Digital
Many remarkable legal actions have been taken on behalf of MR Technologies GmbH. Recently, it proved to be victorious in a dispute against Western Digital Technologies Inc. by defending its IP at the US District Court for the Central District of California....
The rise of “dupe” culture: designers struggle to protect their designs
With rising prices, it can be tough to look cute on a budget. The rise of fast fashion and “dupes” – cheap imitations of more expensive goods – have captivated the younger generation. In the past, wearing an imitation of a brand was looked down on. The new generation...
USPTO updates on AI patent eligibility: key takeaways for practitioners
The USPTO has issued updated guidelines on patent subject matter eligibility, specifically addressing artificial intelligence (AI) inventions under 35 USC 101. These updates, aligned with Executive Order 14110, clarify the evaluation process for AI innovations,...
The Uber-Waymo patent dispute: self-driving technology’s legal battles
Self-driving technology, once the stuff of science fiction, has become a rapidly advancing field poised to revolutionize transportation. At the heart of this technological evolution are companies like Uber and Waymo, pioneers in developing autonomous vehicles....
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