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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...
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...
Amendment in claims and specification should trigger fresh examination holds Kolkata High Court
The Kolkata High Court, while hearing an appeal against the refusal of a patent application, laid down important guidelines for the Patent Office directing that “upon amendment of the claims, the amendment application ought to be examined in a manner similar to the...
Building the house from the roof down: The Standard Essential Patent (SEP) Draft Regulation
It is well known that a stable house needs strong foundations. The same goes for EU regulations. Because a regulation is a binding legislative act that applies across the EU, its creation or amendment demands careful consideration. Consequently, a regulation usually...
Downing Wellhead Equipment enforces its patents covering continuous pumping in hydraulic fracturing operations
The successful combination of hydraulic fracturing (or “frac”) technology with horizontal drilling dramatically increases production in tight-rock petroleum reservoirs and has resulted in a decades-long “shale revolution” in the United States. Frac technology has...
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