patent infringement Archives

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

The Delhi High Court upheld Novartis’s patent on Ceritinib, rejecting Natco Pharma’s claims of invalidity and allegations of material suppression. The court ruled that the divisional application’s refusal was immaterial to the case and reaffirmed the patent’s validity based on inventive step, novelty, and therapeutic benefits. Natco’s application to vacate the injunction was dismissed. Continue Reading Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

5 days ago BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 283Views 2Likes

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Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

In a recent ruling, the Calcutta High Court dismissed WBCIL’s appeal seeking an interim injunction against GTZ, providing clarity on product-by-process claims under the Indian Patents Act, 1970. The judgment highlights the crucial role of expert testimony in establishing patent infringement. Continue Reading Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

August 9, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 617Views 0Like

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Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

The Delhi High Court issued an interim injunction in favor of ITW GSE APS, restraining Dabico Airport Solutions from infringing on ITW’s pre-conditioned air patent during the pending suit. ITW’s PCA units, featuring advanced VFDs controlled by a central controller, are recognized globally. Dabico’s challenges were dismissed, leading to the injunction and a mandated turnover disclosure. Continue Reading Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

July 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 486Views 2Likes

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High Court of Himachal Pradesh grants Boehringer Ingelheim an interim injunction against Eris Lifesciences for patent infringement of diabetes drug Empagliflozin

Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

On May 30, 2024, the High Court of Himachal Pradesh granted an interim injunction to Boehringer Ingelheim, restraining Eris Lifesciences from manufacturing, selling, or marketing Empagliflozin tablets due to patent infringement. The court emphasized the importance of maintaining scientific integrity and upheld the validity of Boehringer’s patent. Continue Reading Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

June 10, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 1163Views 0Like

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All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court

The Delhi High Court in a recent patent infringement dispute, held that ‘all-elements rule’ cannot be adopted to the exclusion of the ‘pith and marrow rule’. Facts: SNPC Machines (Plaintiff) sought a permanent injunction against Mr. Vishal Choudhary (Defendant) for manufacturing and selling brick-making machines which were similar to plaintiffs’ brick-making machines granted under patent nos. 353483, 359114, 374814, and 385845. Further, relief was also sought by the plaintiff for infringement of copyright in literature/ specification/ artistic features related to the…

March 27, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 624Views 0Like

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Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.

The Delhi High Court in Kudos Pharma v. Natco Pharma addressed a patent infringement lawsuit concerning the anti-cancer drug Olaparib. To counter a patent infringement claim, the defendant needs to raise a plausible challenge to the patent’s validity. Patent coverage (what the patent protects) is distinct from the specific details disclosed in the patent document. This case involved a species patent (Olaparib) claimed within the scope of a broader genus patent. Continue Reading Kudos Pharma v. Natco Pharma: A case…

March 15, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 1119Views 0Like

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Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

In a landmark decision, the Delhi High Court clarifies the nature of product by process patent claims in the ferric carboxymaltose dispute between Vifor International and MSN Labs. Continue Reading Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

February 8, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 923Views 0Like

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Video in Picture in Picture (PIP) Patent held by an Indian StartUp is prima facie infringed, and cannot be used during the pendency of the suit, says Delhi High Court

Indian Startup Secures Interim Injunction in PIP Patent Dispute with Canva

The Delhi High Court has granted an interim injunction in favor of RxPrism Health Systems, an Indian startup, against Canva, for prima facie infringement of a Picture-in-Picture (PIP) patent. The Court rejected Canva’s arguments of non-infringement and patent invalidity, mandating a deposit of Rs. 50 Lakh and costs of Rs. 5 Lakh. Continue Reading Indian Startup Secures Interim Injunction in PIP Patent Dispute with Canva

October 4, 2023 BananaIP Reporter Case Reviews, Patents 0Comment 126Views 0Like

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Patent Infringment article published by BananaIP

Hinged and Immobilized Differently, but Infringes Patented Dolly

The plaintiff in this case filed an infringement suit against the defendants, users and suppliers of products covered under the Patent 214088 dated 13th March 2002 titled 'Carriage for the horizontal transfer of motor vehicles in automatic mechanical car parks.' The claims in the patent relate to a self-propelled carriage on wheels, for horizontal transfer of motor vehicles by lifting two or more wheels, in single or multi automatic mechanical car parks. The product is commonly known as a 'Dolly'…

February 21, 2022 BananaIP Reporter Case Study, Patents 0Comment 1624Views 3Likes

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Microsoft accused of infringing patents related to cloud computing, EPO extends closure of offices and more

In this week’s Patent News – Microsoft Inc accused of infringing patents related to cloud computing; Mad Dogg Athletics institutes patent infringement suit against Peloton Interactive; European Commission and EUIPO announce the official launch of - Ideas Powered for Business SME Fund; PATENT INFRINGEMENT NEWS Microsoft Inc accused of infringing patents related to cloud computing. A company by the name of Daedalus Blue has filed a lawsuit against Microsoft Inc. for infringing its patents related to cloud computing.…

December 21, 2020 BananaIP Reporter Intellectual Property 0Comment 1289Views 0Like

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Celebrating 20 Years of IP Excellence

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

Clarifying Product-by-Process Patent Claims in India – West Bengal Chemicals v. GTZ

Cool interim order for ITW’s pre-conditioned air patent, but Competitor’s airport deals allowed to continue

Boehringer secures Patent Injunction for its Diabetes Drug – Empagliflozin

All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court

Kudos Pharma v. Natco Pharma: A case on patent claims, coverage, validity and infringement.

Product by Process Patent Claims are Product Claims, not Process Claims, rules the Delhi High Court

Indian Startup Secures Interim Injunction in PIP Patent Dispute with Canva

Hinged and Immobilized Differently, but Infringes Patented Dolly

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