What do patent drafting and Jell-O™ have in common?
If predicting the future were easy, most readers of The Patent Lawyer would be using their powers to buy lottery tickets, not keeping abreast of global patent law updates. Predicting the future, however, is precisely the task attorneys are faced with when drafting a...
Trade secrets and software: secrecy over public right to exclude
As software systems become central to business innovation, trade secret law is crucial for protecting them. The need to protect software and algorithms presents unique challenges for businesses that have long relied on patent protection. The nature of software often...
Samsung’s $112M patent verdict: Maxell makes its mark in IP enforcement
In a significant setback for global tech giant Samsung, a Texas federal jury has handed down a USD 111.7 million verdict in favor of Maxell, ruling that Samsung infringed three patents covering user interface technology, multimedia processing, and smart networking....
Delhi High Court holds “algorithms” and “computer program” not patentable
This article discusses an appeal filed by Kroll Information Assurance, LLC (Appellant), against the order of the Controller General of Patents, Designs, and Trademarks (CG). The appeal concerns the refusal of an Indian Patent Application No. 8100/DELNP/2007 for a...
Optis v. Apple: what the Federal Circuit’s decision means for functional claiming
The Federal Circuit's June 16, 2025, decision in Optis Cellular Technology, LLC v. Apple Inc., 2025 US App. LEXIS 14745 shines a renewed spotlight on a recurring challenge in patent law: functional claiming. Specifically, it reaffirms the court's willingness to apply...
UKIPO launches new patent search tool to boost UK innovation
Today’s launch is part of the UK Intellectual Property Office's (UKIPO) major digital transformation. A new online search tool for UK patents launched today will make it easier for businesses and innovators to search and access patent information, supporting UK...
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...
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,”...
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...
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...
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...
Clarivate launches AI-powered patent search solution in Derwent
Faster and more relevant results to empower critical IP decision-making London, UK - December 12, 2024 - Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today announced the launch of AI Search in Derwent™. Combining artificial...
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