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Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

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

BananaIP Reporter Case Reviews, Intellectual Property, Patents May 12, 2024 614Views 0Like

Image accompanying blogpost on "Patent Term Travel : The 20 year term from the Date of Filing is constitutionally valid"

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

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

BananaIP Reporter Case Reviews, Intellectual Property, Patents May 9, 2024 540Views 0Like

A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII

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

BananaIP Reporter Case Reviews, Intellectual Property, Patents May 8, 2024 767Views 0Like

Image accompanying blogpost on "Premier Injunction for the Premier League : Viacom knocks out IPL Pirates with Dynamic+ Injunction"

Premier Injunction for the Premier League : Viacom18 knocks out IPL Pirates with Dynamic+ Injunction

Viacom 18 Media Private Limited obtained a groundbreaking Dynamic + injunction from the Delhi High Court against rogue websites broadcasting pirated IPL matches. This legal victory ensures real-time protection of Viacom’s exclusive broadcasting rights. Continue Reading Premier Injunction for the Premier League : Viacom18 knocks out IPL Pirates with Dynamic+ Injunction

BananaIP Reporter Case Reviews, Copyrights, Intellectual Property, Media and Entertainment Law May 7, 2024 763Views 1Like

Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.

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.

BananaIP Reporter Case Reviews, Intellectual Property, Patents May 6, 2024 530Views 0Like

Kannada Lyricist Hamsalekha Wins Copyright Case Against Saavn

The Karnataka High Court ruled in favour of lyricist Hamsalekha in a copyright dispute against Saavn. Saavn argued that Hamsalekha doesn’t have the right to sue because he assigned his rights to IPRS, a copyright society. The Court disagreed as Hamsalekha retained the right to claim authorship and seek proper attribution even if IPRS licensed his works. Continue Reading Kannada Lyricist Hamsalekha Wins Copyright Case Against Saavn

BananaIP Reporter Case Reviews, Copyrights, Intellectual Property May 4, 2024 762Views 0Like

Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI

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

BananaIP Reporter Case Reviews, Intellectual Property, Patents May 3, 2024 495Views 0Like

Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

Gujarat High Court upheld a lower Court decision denying an injunction to a diamond company (Sonani Industries) against its former employees who started a competing business using similar technology. The Court found the technology wasn’t confidential and employees can’t be restricted from competition. Continue Reading Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

BananaIP Reporter Case Reviews, Intellectual Property, Privacy / Data Protection, Trade Secrets May 2, 2024 499Views 0Like

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

ITC Limited, the owner of the “Gold Flake” trademark for cigarettes, successfully obtained an injunction against competitors using confusingly similar brands like “Gold Falcon” and “Gold Flicker”. Continue Reading ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks April 30, 2024 629Views 0Like

Non-use of trademark is not a valid defense against injunction

A Taiwanese adhesive tape company successfully obtained an injunction against a competitor using “Reindeer” and “Reindeer Wonder” trademarks on PVC pipes. The Court found these marks deceptively similar to the plaintiff’s “Deer” brand and intended to mislead customers. Continue Reading Non-use of trademark is not a valid defense against injunction

BananaIP Reporter Case Reviews, Intellectual Property, Trademarks April 29, 2024 665Views 1Like

Celebrating 20 Years of IP Excellence

Novelty and Inventive Step analysis (Part A) – Ericsson Vs. Lava – Part VIII

The 20-Year Patent Term from the Date of Filing is Constitutionally Valid

A Deep Dive into Section 3(k) Analysis of Ericsson’s Eight Patents – Ericsson vs. Lava – Part VII

Premier Injunction for the Premier League : Viacom18 knocks out IPL Pirates with Dynamic+ Injunction

Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.

Kannada Lyricist Hamsalekha Wins Copyright Case Against Saavn

Revocation of Patent on the ground of misrepresentation – Ericsson vs Lava : Part VI

Former Employees can use the Diamond Colouring Technology of their Employer, confirms the Gujarat High Court

ITC Protects “Gold Flake” Brand: Court Halts Sale of Deceptively Similar Cigarettes

Non-use of trademark is not a valid defense against injunction

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