Patent Litigation Archives

Standard Essential Patents, Claim charts and Infringement – Ericsson v. Lava – Part 4

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

April 22, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Patents 0Comment 692Views 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 65Views 0Like

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Temporary Injunction Cases

First Publication Date: 15th January 2010 M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI), Apollo Hospitals, Apollo Hospitals Enterprise Limited and Cancer Institute (W.I.A.), (Regional Cancer Centre) The Appellant, Jayasingh, acquired a patent over a Prosthesis made of Titanium alloy, which is used in bone salvage surgery. On learning that the Respondents were making, selling, distributing and using Prosthesis that was covered by his patent, Jayasingh filed an infringement suit against the Respondents and prayed for an injunction during the pendency…

November 6, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1173Views 0Like

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Characters are pulling a rope written PATENT on top as this article is about Indian Patent Law Basics

Temporary Injunction: Mariappan Vs. A.R. Safiullah

First Publication Date: 9th January 2010 The holder of a patent relating to "food-grade laminated paper and a method and apparatus for manufacturing the laminated paper" filed an infringement action against Mariappan and others and sought an interim injunction to restrain infringing activities during the pendency of the suit. The Court started its analysis by observing that it was a settled position of law for granting an order of ad-interim injunction including the infringement of Designs, Copyrights and Patents that the applicant/plaintiff…

November 1, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2025Views 0Like

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Temporary Injunction: J. Mitra Vs. Kesar Medicaments

First Publication Date: 8th January 2010 The patent holder, Appellant, of a patent relating to a device for detection of antibodies to HepatIT is C Virus filed an infringement suit against the Respondents and applied for an interim injunction during the pendency of the suit. The Court first observed that it is well settled as held in the decisions in Bishwanath Prasad Radhey Shyam and Standipack Private Ltd. cases that the grant of a patent would not give rise to a…

October 31, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1259Views 0Like

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Temporary Injunction: Manika Thevar Vs. Star Plough Works

First Publication Date: 6th January 2010 The Appellant, who is the patent holder of a patent relating to a pattern of a plough having a twist filed an infringement suit against the Respondent alleging that sale of similar ploughs amounts to infringement and applied for interim injunction against the Respondent during the pendency of the proceedings. In response, the Respondent denied the allegation of the Appellant by stating that the plough patented by the Appellant was not infringed because the patent…

October 31, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 898Views 0Like

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The image depicts the cover of the presentation with title of Patent Infringement Presentation by Dr. Kalyan C Kankanala

Aktiengesellschaft Vormals Meister Lucius & Bruning a Corporation etc.Vs Unichem Laboratories

First Publication Date: 20th December 2009 The case related to a patent in respect of the manufacture of new sulphonyl-ureas, salts of those compounds and of anti-diabetic preparation containing such compounds. One of the chemical compounds comprised in the said patent was Tolbutamide, and since 1957 the patent holder had been marketing the same as an anti-diabetic drug in India and all over the world under the trade mark "Rastinon". The patent holder filed an infringement suit against the Respondents…

October 27, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 967Views 0Like

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Bajaj-TVS Litigation

First Publication Date: 14th December 2009 The litigation between Bajaj and TVS, which was very widely reported in the news showed the value of patents for gaining business advantage. The case briefs with respect to the litigation between the parties have been provided hereunder for the reader’s benefit. The cases relate to grant of injunction by the Court. Bajaj Auto Vs. TVS Motor Company Bajaj Auto Ltd. ("Bajaj") acquired a patent with regard to an invention relating to…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 1389Views 0Like

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The image depicts the cover of the presentation with title of Concepts related to Patentability by Somashekar Ramakrishna

Patentability of New Form, Use or Property – Section 3(d)

First Publication Date: 11th December 2009 Section 3(d) of the Patents Act provides that mere Discovery of a new form or new use or new property of a known substance is not patentable. The discovery of a new form of a known substance will be patentable only if it results in the enhancement of the known efficacy of that substance. Salts, esters, ethers, polymorphs, metabolites, pure forms, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of…

October 26, 2018 BananaIP Reporter Intellectual Property, Patents 0Comment 2085Views 0Like

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The image depicts a gabion alongside a river.

Garaware Vs Techfeb

First Publication Date: 7th November 2009 An infringement case which has been in my radar for quiet sometime (for various reasons) is the one in which a company called Garaware has filed a patent infringement suit alleging that their patent rights have been violated by a company called Techfab.Garware has a granted patent that relate to gabions, and Garware alleges that Techfab is infringing their patent. The details of the case can be found if you have access to Manupatra, or just…