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...
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...
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...
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...
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...
Evidence of copying by IPR petitioner may be enough for secondary considerations to overcome showing of obviousness
In Volvo Penta v. Brunswick (2022-1765), evidence of copying overcame the showing that all claim limitations were obvious in light of the prior art. The goal for petitioners in an inter partes review is pretty straightforward: find prior art that teaches all of the...
A shift in gears sees Zwift and Wahoo back in collaboration
Following on from a lawsuit filed by Wahoo against Zwift back in October 2022, alleging that Zwift’s new Hub trainer infringed Wahoo’s patents, it has been confirmed that the lawsuit has been dropped. Zwift, a brand known for its indoor cycling equipment, had limited...
Powerful new search tool will help IPO maintain patent quality
Office (IPO) performs patent searches. ‘SEARCH’ is based on the state-of-the art patent search tool developed and used by the European Patent Office (EPO), widely regarded as the best such tool in the world. The IPO has worked with the EPO to develop ‘SEARCH’ as the...
Protecting organoleptics in food IP: a problem to sink your teeth into!
Recently, plant-based protein manufacturer “Juicy Marbles” announced their newest product: vegan pork ribs, with edible bones. The soy-based ribs will join the brand’s roster of plant-based “whole cuts”, filet steaks, and joints. The USP of the Juicy Marbles range is...
Integrating intellectual property considerations in AI into contract drafting: insights from the World Commerce & Contracting Conference 2023
Amidst engaging dialogues held at the World Commerce & Contracting (WCCC) conference in Melbourne this month, the potent impact of Artificial Intelligence (AI) implementation has emerged as a compelling subject of reflection and dialogue for the legal profession...
Imprisonment provisions removed from the Patents Act to bolster trust-based governance
After being cleared by both houses of Parliament, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (JVB) received presidential assent on 11 August 2023 and thus became the law. Several provisions in different Acts have been decriminalized through this bill by...
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