The Delhi High Court recently ruled that the Indian Patent Office (IPO) must clearly and unambiguously articulate objections to patent applications. This case involved Microsoft’s patent application for “Discovery of Secure Network Enclaves,” which was rejected by the IPO for lacking inventive step and violating disclosure requirements. The Court found the IPO’s objections to be ambiguous and procedurally irregular, thereby stressing on fair hearings and proper communication during the patent examination process. Continue Reading Objections regarding insufficiency of disclosure in…
The Madras High Court has overturned a Patent Office decision that rejected Microsoft’s patent application for “Message Communication of Sensor and other Data.” The Court clarified that the “person skilled in the art” (PSITA) used to assess the inventive step is not omniscient and cannot be presumed to possess the inventive solution claimed in the patent. Continue Reading PSITA is not omniscient, says Madras High Court. Overturns refusal order in favour of Microsoft.
This week’s copyright, media, and entertainment law updates are as below-
Delhi HC awards Rs 2 lakhs to Microsoft in Copyright Violation Case
The High Court of Delhi has awarded Microsoft Rs 20 lakh in damages in the case of Microsoft Corporation vs Rupesh Waidande, a 12-year-old copyright infringement case. The, holding that that the Mumbai-based company illegally replicated and utilized Microsoft’s copyrighted products, including Microsoft Windows, Microsoft Office, and Windows Server, for commercial purposes. This unauthorized installation and use of…
This week’s trademark updates are as follows:
Gujarat High Court issues notice to Microsoft in trademark infringement suit
A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…
This is a rundown of last week's news updates on Antitrust:
Apple denies abuse of dominance in Indian app market
Tech giant Apple has sought the dismissal of a case filed against it by the Competition Commission of India (CCI) stating that it does not hold a dominant position in the Indian app market. It claimed that it holds a small share of 0-5% in the Indian app market which is dominated by Android creator Google which holds 95-100% of the…
This is a rundown of last week's news updates on Privacy and Antitrust:
ZOOM to ‘breakout’ the bank, decides to settle US privacy class action for $85 million
Zoom, a leading virtual conferencing app, has decided to end a privacy infringement class action suit filed against it by users who alleged that Zoom’s sharing of users’ personal data with Facebook, Google and LinkedIn resulted in violation of their privacy. While maintaining that they had committed no wrongdoing in the alleged action,…
“Indian Patent Statistics, Interesting Inventions, IPR Workshops, Certificate Course on Patent Law, Google, Akamai and Netflix accused of patent infringement, Madras High Court upholds Kibow Biotech’s patent, EPO member states discuss patentability of plants obtained by essentially biological processes, First trial by China’s Supreme People’s Court for Intellectual Property, Microsoft adds 500 more patents to LOT Network and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.
Quote of the Week …
“Frivolous inventions, Idly patents, Annual Report for 2016-2017 published, Ramesh Abhishek: dramatic improvement in examination and disposal of IPR applications, Patent office being modernized says Minister Suresh Prabhu, Microsoft accused of patent infringement, Qualcomm easing patent licensing terms, UK ratifies Unified Patent Court Agreement, USTR continues to place India, China and Others on priority watch list, Patent Tip of the week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm.…
There is now a ray of hope for computer and software based patents. The case which is discussed below is the second one post Alice Corp. v. CLS Bank International case.
In Enfish, LLC v. Microsoft Corporation, the U.S. Court of Appeals for the Federal Circuit reversed a California district court’s summary judgment that two software patents were directed to an “abstract idea” without “significantly more” and therefore were not eligible for patent. The facts of the case are stated below.…
If you have been following day to day updates of the intellectual property domain, especially the patent domain, you must have noticed the increasing number of patent litigations round the globe, over the past few years. Well, in this competitive world, terms like lawsuits and litigations shouldn’t be surprising at all. Still, the increasing number of patent litigations was an alarming concern, as most of the patent litigation proceedings are initiated by the companies to gain financial as well as…