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Simple technical modifications can constitute an inventive step
This article covers an Appeal, C.A. (COMM.IPD-PAT) 60/2024, filed by Dong Yang PC, Inc. a Korean company against the decision of Controller of Patents and Designs (Controller) whereby it rejected Dong Yang PC, Inc. (Appellant) Patent Application No. 2554/DEL/2013...
Dolby v. Lava: security deposit at pro tem stage
In the suit DOLBY INTERNATIONAL AB & ANR. v. LAVA INTERNATIONAL LIMITED (CS(COMM) 350/2024 with I.As.) before the Delhi High Court, the Plaintiff is a patent holder for a representative group of Standard Essential Patents (SEPs), including three active patents...
Government launches SEPs consultation to boost UK innovation
The UK Intellectual Property Office (UKIPO) has today launched a consultation on potential measures to address challenges in the UK's Standard Essential Patents (SEPs) ecosystem. A patent that protects technology that is essential to implementing a technical standard...
Apple v. Masimo and the ITC: a test of patent rights, product design, and trade enforcement
Patent lawyers watching the Apple v. Masimo case unfold at the Federal Circuit are seeing a live example of key issues in US patent enforcement. These include the scope of ITC exclusion orders, the role of product design in infringement analysis, and the growing trend...
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...
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...
A top 100 global innovators deep dive into the medical and biotechnology sector
Clarivate shares its latest report, A Top 100 Global Innovators Deep Dive into the Medical and Biotechnology Sector. The report provides a deep dive into the Medtech sector within the data behind the Clarivate Top 100 Global Innovators™ 2024 report and uncovers the...
USPTO withdraws proposed changes to terminal disclaimer requirements
The United States Patent and Trademark Office (USPTO) has withdrawn its proposed rule to amend terminal disclaimer requirements to address non-statutory double patenting. Originally published in the Federal Register on May 10, 2024, the proposed rule sought to ensure...
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