19th issue of the Indian Patent Journal (10th May 2024) features 1,745 patent publications, 591 grants, and 1,017 registered designs. Continue Reading Indian Patent and Design Statistics 2024 (May 3rd to 10th)
This post covers the intricate legal analysis of Ericsson’s patents essential for 3G and EDGE standards, dissecting novelty and inventive step aspects. Delve into the court’s scrutiny of prior art arguments and its decision on each patent’s validity. Continue Reading Novelty and Inventive Step analysis (Part B) – Ericsson Vs. Lava – Part IX
This analysis examines the novelty and inventive step of the first five patents (IN 203034, IN 203036, IN 234157, IN 203686, IN 213723) in the Ericsson vs. Lava patent case. Part A focuses on patents related to Adaptive Multi-Rate (AMR) speech codec technology (IN 203034, IN 203036, IN 234157). Continue Reading Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII
The Calcutta High Court scrutinized the constitutional validity of Section 53 of the Patents Act. The Petitoner argued for recalculating patent term from the date of grant, contending the current provision as arbitrary. However, the Court upheld the existing framework, emphasizing legislative discretion and international compliance. Continue Reading The 20-Year Patent Term from the Date of Filing is Constitutionally Valid
This post analyzes an Indian court case between Ericsson and Lava focusing on Section 3(k) of the Patents Act. This section prohibits patents on mathematical methods, business methods, computer programs, and algorithms. The court evaluated the patentability of eight patents related to mobile communication technologies under Section 3(k). Continue Reading A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII
The Madras High Court overturned the Indian Patent Office’s decision to reject Imclone’s patent application for a monoclonal antibody to treat metastatic bone cancer. The Court disagreed with the Patent Office’s view that the antibody was merely “discovered in nature” and not an invention. Continue Reading Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.
The Delhi High Court dismissed Lava’s attempt to revoke Ericsson’s patents based on alleged misrepresentation. The Court highlighted the high burden of proof needed and found Lava to have failed to demonstrate intentional deceit by Ericsson. Continue Reading Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI
In this case, the Court has crystallized and reiterated several patent principles relating to patentability under Section 3(k), novelty, inventive step, infringement of Standard Essential Patents (SEPs), Exhaustion, FRAND royalty determination, and so on. Along with other principles, the Court has also outlined the principles for grant of actual costs. Continue Reading SEP, Infringment and principles relating to actual costs – Ericsson v. Lava – Part 5
This post covers the aspects of infringement as discussed by the Delhi High Court in the Lava v. Ericsson case. The Court noted that the fulcrum of the dispute between the parties in this case was the issue of whether Lava was guilty of infringing Ericsson’s patents or not. Continue Reading Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4
Several aspects of Fair, Reasonable, and Non-Discriminatory (FRAND) Licensing were discussed in the Ericsson Vs. Lava Case, and in this post, we will discuss three of those: Royalty Stacking, Hold Up, and Hold Out. Continue Reading Exploring Patent Hold Up, Royalty Stacking, and Hold Out – Ericsson v. Lava – Part 3