Intellectual Property Archives

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Patent Application Filing Strategy for Individual Inventors

First Publication Date: 31st October 2009 More often than not, most of the companies, be it mid size or large, and in some cases even start-ups, seem to have some strategy or the other when it comes to filing patent applications for their invention. These companies would have identified the markets in which they want to protect their invention, and they also would be aware of the various methods of monetizing their invention/patent. More importantly, these companies would be ready to…

October 22, 2018 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, IP for Start Ups 0Comment 762Views 0Like

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Common Public License Version 1.0

First Publication Date: 3rd April 2009 The Common Public License (CPL) is an open source license agreement released by IBM. The company holds copyright over the license. It permits the distribution of the license but limits the right to modify it. Softwares such as Windows Installer XML developer tool, Windows Template Library and so on have been released under the Common Public License. Rights The agreement grants a license over the following rights under the copyright law to every person…

October 22, 2018 BananaIP Reporter Copyrights, Intellectual Property, IP Commercialization/Licensing, Open Source Licensing 0Comment 1709Views 0Like

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Diamond v. Chakrabarty, 447 U.S. 303 (1980)

First Publication Date: 21st December 2008. Issue Whether a live, human-made micro-organism is patentable subject matter under section 101 of the Patent Act. Holding Yes, a human made microorganism is patentable under section 101. Case Facts Chakrabarty discovered a process by which four different plasmids, capable of degrading four different oil compounds, could be transferred and maintained stably in a single Psuedomonas bacterium, which itself has no capacity for degrading oil. Chakrabarty's patent claims were of three types: first, process claims for the method of producing…

October 21, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2429Views 0Like

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Apache License, Version 2.0

First Publication Date: 10th November 2008 The Apache License applies to all software contributed by Apache or any other person under the license. Copyright and Patent License The license grants both copyright and patent rights over any software distributed under the license the licensee (any person receiving or using a software under the license.). The license grants the following rights under the copyright law: Right to reproduce the software; Right to modify the software; Right to publicly display; Right to…

October 21, 2018 BananaIP Reporter Copyrights, Intellectual Property, Open Source Licensing, Patents 0Comment 1205Views 0Like

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R.G. Anand vs. Delux Films and Ors., AIR 1978 SC 1613

First Publication Date: 14th September 2008 CASE FACTS: The appellant, R. G. Anand, an architect by profession and also a playwright, dramatist and producer of several stage plays, wrote and produced a play called ‘Hum Hindustani’ in 1953. It ran successfully and was re-staged in 1954, 1955 and in 1956. Aware of the interest of the plaintiff in filming the play in view of its increasing popularity, the second defendant, Mr. Mohan Sehgal, contacted plaintiff. In January, 1955, plaintiff met the second…

October 20, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 3698Views 0Like

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Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd., 1988 Arb. L. R. 315

First Publication Date: 4th September 2008 CASE FACTS: Ranbaxy Laboratories, a well-known pharmaceutical company, manufactured the CNS depressant Diazapem in 5 mg tablets and sold them under the trade name of CALMPOSE. The trade mark of CALMPOSE was registered in 1970 and has been in use since then. The company made about 40 crores selling the drug under this trade name. The medicine was packaged with aluminum foil on one side and polythene film on the other in colors…

October 20, 2018 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1967Views 0Like

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Rotec Indus. v. Mitsubishi Gajarsa Corp., 215 F.3d 1246 (Fed. Cir. 2000)

First Publication Date: 30th August 2008 Case History Rotec is an assignee of the 291 patent and sells a system disclosed by the that patent under the name power belt. On AUGUST 9, 1995 the People's Republic of China solicited bid proposals for five units of a concrete placing system to be used in the Three Gorges Dam project on the Yangtze river. Mitsubishi corp and Mitsubishi International collectively called ME, a French corp. Potain, Johnson who was working on a design of…

October 20, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 900Views 0Like

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Topliff v. Topliff, 145 U.S. 156 (1892)

First Publication Date: 30th August 2008 Case Facts A mechanical device was patented and a first reissue was filed within four months of the patent on April 9, 1872. The reissue was granted. Then after four years The second reissue was filed a little more than a month after the first was granted. In this reissue the specification was largely refrained, drawings changed in form not in substance and the claim was changed by adding a necessary phrase. Issue Whether a second…

October 19, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 899Views 0Like

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Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620

First Publication Date: 28th August 2008. CASE FACTS Yahoo Incorporation is the owner of the well known trade mark, Yahoo and of the domain name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good will and reputation. Yahoo.com had been registered by Yahoo Inc with Network Solution Inc since 1995 and offers a whole range of web based services. The trade mark Yahoo had been registered or was close to being registered in 69 countries. Yahoo Inc…

October 19, 2018 BananaIP Reporter Intellectual Property, Trademarks 0Comment 8953Views 0Like

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The featured image show Physicians perform laparoscopic stomach surgery. The post is about Inamed Vs Lubomyr Kuzmak

Inamed Vs Lubomyr Kuzmak, 249 F.3d 1356 (Fed. Cir. 2001)

First Publication Date: 24th July 2008 Case Facts Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a…