DDR Holdings v. Priceline.com: a cautionary tale for provisional applicants
In US patent law, a provisional application is a 'placeholder' that allows an applicant to file without a formal patent claim, often before the idea is fully developed, to secure an earlier priority date. However, provisional applications are typically low-budget...
UKIPO launches new patent search tool to boost UK innovation
Today’s launch is part of the UK Intellectual Property Office's (UKIPO) major digital transformation. A new online search tool for UK patents launched today will make it easier for businesses and innovators to search and access patent information, supporting UK...
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...
The second case of “calling for third-party opinions”
The procedure of calling for third-party opinions was introduced on April 1, 2022, in patent and utility model infringement suits. In the second case under the proceeding, the Intellectual Property High Court (IPHC) issued a request for opinions with a deadline of...
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...
Calcutta High Court issues IP Division Rules
The Calcutta High Court recently adopted the much-awaited Intellectual Property Rights Division Rules, 2023 (Calcutta IPD Rules), making it the third High Court in India, after Delhi and Madras, to implement specialized regulations for IP matters. While the Calcutta...
AstraZeneca challenges Axelpharm’s cancer drug patent
AstraZeneca is a world-renowned pharmaceutical company. It owns many patents in Russia and takes steps to protect them against encroachers. Its medicines are exempt from sanctions because they are mainly used for the life-preserving treatment of cancer. Axelpharm, a...
USPTO issues final rule on Director Review of PTAB decisions
On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board (PTAB) Decisions. 89 Fed. Reg. 79,744 (October 1, 2024). The final rule codifies many aspects of the PTAB’s revised interim Director Review...
The dark side of fake goods: consumers put health, safety, and the economy at risk while fuelling organized crime
Organized crime groups take advantage of worldwide demand for low-priced goods, misleading consumers into purchasing fake goods Approximately 86 million fake items were seized in the EU in 2022, with an estimated value exceeding €2 billion Counterfeit goods represent...
UK IPO campaign highlights dangers of counterfeit vehicle parts
The campaign focuses on the serious risks these goods pose, warning that ‘Fake Always Breaks’ The UK Intellectual Property Office (UKIPO) has launched a new national awareness campaign warning of the dangers of buying counterfeit vehicle parts The ‘Fake Always...
Welcome to Hangzhou! The AIPPI World Congress 2024
AIPPI World Congress 2024 opened its doors in Hangzhou, China, on Saturday, 19 October. All attending were warmly welcomed, and there was general excitement for the next few days of educational sessions, member meetings, and networking. Guoqing ZHANG, Vice Premier of...
Crystalizing plant variety infringement protection in India
On September 20, 2024, the Delhi High Court ruled in Pioneer Overseas Corporation v. M/s Evercrop Agro Science & Star Agrotech Pvt. Ltd. (CS(COMM) 759/2024), a significant case addressing plant variety infringement under the Protection of Plant Varieties and...
German criminal court finds three defendants guilty of fraud for sending misleading invoices to EUIPO customers
In September 2024, the Munich Court (Germany) found three defendants guilty of commercial gang fraud for sending misleading invoices to EUIPO customers. Each defendant was sentenced to one year and 10 months of imprisonment, suspended with a three-year probation...
Pocketpair, I choose you… to sue: an early glimpse into the Nintendo-Pocketpair litigation
Out of the blue on September 19, 2024, video game company Nintendo and The Pokémon Company issued a joint news release via a post on the Nintendo website. The post asserted that Pocketpair infringed certain patents but contained sparse details about the alleged...
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