Patents Archives

TiVo and Patent Infringement

The makers of the famous TiVo DVR systems, TiVo Inc. are taking Samsung to court over the alleged patent infringement of four of their patents. Deja vu? Feels like we’ve heard this story before, haven’t we? Well, TiVo loves the litigation game and has taken several big companies, such as EchoStar/Dish, AT&T, Motorola, Verizon and Cisco, to court for infringing its patents, winning almost a whopping $1.6 billion in damages. So why is TiVo suing Samsung this time? According to…

September 11, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 734Views 0Like

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Ericsson has a (i)Ball at the Court

On 2nd September, 2015, Hon’ble Mr. Justice Manmohan Singh of the Delhi High Court, issued an interim injunction, restraining the Mumbai-based company, iBall from importing any allegedly infringing devices until the next hearing in the case, I.A No. 17351/2015 in CS(OS) 2501/2015. The Swedish major Ericsson, which provides services, software and infrastructure in the information and communications technology space, had filed a suit for permanent injunction restraining infringement of patents, damages, rendition of accounts, delivery up etc. against the Indian…

September 10, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 878Views 0Like

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Tequila’s Indian Cousin

For all our readers who are alcohol connoisseurs here is some great news. A food scientist from Andra Pradesh has filed for a patent for the Indian version of tequila. It’s a well known fact that tequila originates from Mexico, where the Agave Americana plant is used in the manufacturing of tequila. However, the possibility of an Indian variant seemed a little far-fetched. Mr Sangati Chennakesava Reddy a food scientist who had previously researched on Opuntia (a plant from the…

September 10, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 922Views 0Like

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Pfizer files for Patent on Known Substance

This is in furtherance of Gaurav's post with respect to refusal of Pfizer Patent by the Indian Patent Office. I do not wish to repeat the facts or reiterate the order. However, I would like to bring forth one aspect of the order that seems to contradict the Novartis decision of the Supreme Court. In the Novartis case, the Supreme Court clearly laid down that assessment of subject matter and novelty/inventive step cannot be merged, and they are two segregate…

September 9, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 761Views 0Like

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Pfizer falls prey to Section 3(d)

India's patent office had rejected Pfizer's application to patent 'Tofacitinib' in 2011, but was ordered to reconsider the decision by the Intellectual Property Appellate Board, after Pfizer appealed. On 3rd September, 2015, the Controller of Patents issued a decision again in respect of Pfizer’s application number, 991/MUMNP/2003 which sought to patent an invention titled “CHIRAL SALT RESOLUTION”. Pfizer’s patent application claimed “a pharmaceutical composition for treating or preventing a disorder or condition selected from organ transplant rejection, xeno transplantation or…

September 8, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 722Views 0Like

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Working of Patents – A Workable Proposition?

The Working of the Patent System The patent system promotes the progress of science and technology by granting exclusive rights to inventors for a limited period of time. On expiry of the limited period, the inventions enter the public domain and add to the pool of knowledge base for further inventive activity. It is believed that the exclusive rights granted by the patent system provide incentives to invent, invest, disclose and design, which push the limits of science and technology.…

September 7, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 2989Views 0Like

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Lee Pharma v. AstraZeneca- An unfinished Patent Story

Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin…

September 4, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 3641Views 0Like

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PIL, IPO and Statement of Working of Patents

This is in furtherance of Kalyan's post, which looked at the issue largely from the philosophical perspective. I endeavor here to look at Statement of Working of Patents from the perspective of the statute and functioning of patent office and its priorities in today’s context. The provisions relevant are: Section 146 Power of Controller to call for information from patentees (1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee,…

September 3, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 897Views 0Like

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Is Statement of Working of Patents For Public Interest?

Working of patents is an integral element of the Indian patent system. In line with the primary objective of patent law, which is to promote the progress of science and technology for public good and economic progress, Indian patent Act specifically mandates working of patents in India. Failing such working, a compulsory license may be granted with respect to a patent , or in the worst case scenario, the patent may be revoked. (See CHAPTER XVI- WORKING OF PATENTS,COMPULSORY LICENCES AND…

September 3, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 867Views 0Like

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Thomas Edison and his Moving Pictures

“To invent you need a good imagination and a pile of junk “– This is how Thomas Edison received a patent for the Kinetographic camera, a device for viewing moving pictures without sound. Edison patented this invention on August 1891. The camera was a giant step forward from the kinetoscope, which was not regarded as a significant invention by Thomas Edison. Kinetoscope comes from the Greek words “Kineto” meaning “movement” and “scopos” meaning “to watch”. The camera was based on…