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...
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...
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...
Federal Circuit narrowly defines scope of comparison prior art for evaluating design patent infringement
The Federal Circuit, in a case of first impression, recently defined the proper scope of “comparison prior art” in evaluating infringement of a design patent. Columbia Sportswear N. Am., Inc. v. Seirus Innovative Accessories, Inc., 80 F.4th 1363 (Fed. Cir. 2023)...
First substantive decision of the new Unified Patent Court (UPC): 10x Genomics and Harvard obtain a provisional injunction against NanoString across Europe
Mike Gruber, LL.M. IP (GWU) reports on decisions in two provisional injunction proceedings before the UPC’s Local Division Munich and shares strategic takeaways for enforcing patents across Europe. Three and a half months after opening its doors on June 1st, the UPC...
USPTO public listening session on standards and intellectual property
On September 20, 2023, IP stakeholders converged at the United States Patent and Trademark Office to speak on the hot-button issue of standard essential patents (SEPs). The USPTO, in collaboration with the International Trade Administration and the National Institute...
An update on claim priority and PCT applications
The Enlarged Board has issued its decision in consolidated cases G 1/22 and G 2/22. It concluded that the EPO is competent to assess priority entitlement and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal...
Unenforceable patents see Google victorious over $32.5 million verdict
It has been found that Sonos had improperly attempted to connect its 2006 patents for wireless, multi-room audio technology as a predate to Google’s devices. The $32.5 million case, brought before a California federal judge, has been thrown out with Sonos’ patents...
Insider: a sneak peek into the AIPPI World Congress Program from AIPPI’s Reporter General Ari Laakkonen
In advance of the AIPPI World Congress, we sat down with Ari Laakkonen, Partner at Powell Gilbert and the Reporter General of AIPPI, to learn more about the upcoming program. The Istanbul Congress takes place at just the right moment for an update on the UPC, a few...
Adobe’s $33.8 million patent verdict: lessons in intellectual property protection
In the whirlwind of the technology sector, where innovation thrives and boundaries blur, legal disputes surrounding intellectual property are all too familiar. Recently, Adobe, a prominent player in the digital landscape, found itself entangled in a legal tempest,...
Innovation in plastic has more than tripled globally, report reveals
European nations must evolve faster, as nearly half of all plastic patents have been developed in Asia over the last two decades. A new report reveals innovation in plastic technology has more than tripled since 2015, following legislative action and policy...
Border patrol: D.C. Circuit confirms boundary between the legitimate exercise of patent rights and antitrust enforcement
Antitrust law and patent law can at times appear in conflict. The principal goals of the antitrust laws are to enhance competition and prevent exclusionary conduct. Patents, on the other hand, provide a right to exclude others, including competitors, from the...
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