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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...
Why abuse in the EU SPC Waiver Regulation needs to be eliminated
At first glance, the patent system may seem like a peculiar exception within the context of a free-market economy. After all, patents confer monopolistic rights — something that is usually anathema in free-market ideology. Yet patents represent a rational tradeoff to...
Clarivate releases Innovators to Watch 2023 Report
Identifies 36 companies and organizations on the cusp of Top 100 Global Innovators status London, U.K., July 25, 2023 – Clarivate Plc (NYSE: CLVT), a global leader in connecting people and organizations to intelligence they can trust to transform their world, today...
Green Channel successfully accelerates green UK innovation but more can be done to enhance its attractiveness
LONDON – International IP firm Mewburn Ellis has released a mini-report that examines the trends in the operation and use of the UK IPO’s Green Channel program. The UK’s IPO Green Channel allows patent applicants to accelerate the processing of patent applications...
OPPO directed to pay “Pro-tem security deposit” for Nokia’s Standard Essential Patents
In a case concerning Standard Essential Patents (SEP), the Court has the power to pass a pro-tem order without an exhaustive exploration of the quantum of royalty payments. If the negotiations between the parties fail, it does not mean that an implementer can continue...
EPO releases a Unitary Patent dashboard
Real-time data confirms confidence in new system Munich, 24 July 2023 –The EPO has published today a dashboard which offers a timely snapshot of applicants’ eagerness to opt for the Unitary Patent. The interactive display breaks down requests for Unitary Patents by...
Cultivated meat approvals in the US: game-changer for global cellular agriculture IP landscape
Two recent approvals of cultivated meat technology in the United States have opened up new avenues for the food industry. This marks a significant milestone in the field of alternative protein production and has far reaching implications, not only for the US market...
Google’s patent problems continue: jury orders company to pay $15.1 million
On June 21, 2023, a jury in the United States District Court for the District of Delaware found Google liable for patent infringement and ordered the company to pay Personal Audio, LLC $15.1 million in damages. Personal Audio is a company that owns patents related to...
UK confirmed as leading jurisdiction for global FRAND rate determination
In a dispute between Optis and Apple, the High Court in London found that relying on comparable licenses remains key to determining a global rate in UK FRAND (fair, reasonable and non-discriminatory) litigation, cementing the UK’s role as an important forum for...
The Supreme Court leaves patent eligibility in flux
In May 2023, the US Supreme Court declined to hear three cases concerning patent eligibility: Interactive Wearables LLC v. Polar Electro OY[1], Tropp v. Travel Sentry Inc.[2], and Avery Dennison Corp. v. ADASA Inc.[3] This is despite the US solicitor general, the US...
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