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Continue reading →: SWEET VICTORY FOR ROCHE -VALIDITY OF PATENT UPHELD; INFRINGEMENT OF PATENT ESTABLISHED
In another landmark judgement by the Delhi High Court towards expounding and interpreting the Patent law in India in F-Hoffman La Roche vs CIPLA_2015, the Court not only upheld the validity of the suit patent but also ascertained that the patent is being infringed. The suit patent (IN196774) was granted…
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Continue reading →: New Controller General of Patents, Designs and Trade Marks
Sh. O.P. Gupta took over as Controller General of Patents, Designs and Trade Marks on 16th November, 2015. Prior to this Sh. O. P. Gupta was working as the Chairman and Managing Director of Maharashtra State Electricity Distribution Co. Ltd. Sh. Gupta is B.E. (Mechanical) and an Indian Administrative Service (I.A.S.)…
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Continue reading →: Reliance Life Sciences restrained from launching their Biosimilar version of Herceptin
Roche has been successful in obtaining a temporary injunction from the Delhi High Court to block the expected launch of a biosimilar of breast cancer drug Herceptin (trastuzumab) by Reliance Life Sciences. The order dated 2nd November 2015 of Justice Manmohan Singh of Delhi High Court restrains Reliance from launching the…
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Continue reading →: Commercial ordinance, 2015
The Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015 has been introduced on 23rd October 2015. It envisages creation of commercial divisions in high courts, and commercial courts at the district level for ensuring that commercial disputes arising out of transactions between merchants, bankers, financier, traders…
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Continue reading →: Expedited Examination, Refund of Fees, Cap on Sequence Listing and much more: Draft Patents (Amendment) Rules, 2015
Draft Patents (Amendment) Rules, 2015 have been published at the Indian Patent Office website today http://ipindia.nic.in/IPActs_Rules/PatentRules_2015_E_29October2015.pdf). These rules address some important and significant issues such as expedited examination, refund of fees on withdrawal of application and a cap of sequence listing. The Rules are open for comments till 26th November 2015…
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Continue reading →: GENERAL PRINCIPLES OF PATENT INFRINGEMENT RE-ESTABLISHED BY BOMBAY HIGH COURT
In a recent order of Bombay high Court in CTR Manufacturing Industries Limited vs Sergi Transformer Explosion Prevention Technologies Pvt. Ltd, Hon’ble Justice G. S. Patel re-established the general principles of a patent infringement as follows: Claim Construction In a combination patent, the invention cannot be a mere arrangement or rearrangement…
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Continue reading →: Registration of license/assignment deed under the Patent Acts –Not mandatory for Validity
In an interesting twist, a division bench of the Delhi High court in a cross-appeal between Sergi Transformer and CTR Manufacturing Industries Ltd., held that it is not mandated for a license/assignment to be registered for it to be valid. The license/assignment would be valid the moment it is executed…
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Continue reading →: First Permanent Injunction Granted in a Patent Infringement Suit in India
Hon’ble Justice Mr. A.K. Pathak on October 07, 2015 granted the first ever permanent injunction in a patent infringement suit under the Patents Act 1970. The detailed judgment of 133 pages is in relation to the patent infringement action by Merck against Glenmark with respect to patent number 209816 which…
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Continue reading →: Presumption of validity of patent clarified
In another significant development, the Delhi High Court in their decision in Telefonaktiebolaget LM Ericsson (Publ) v Mercury Electronics & Anr. CS(OS) 442/2013 has held that the burden to prove invalidity squarely falls upon the Defendant (party claiming invalidity) since it is their assertion. Assuming no evidence is led with respect…
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Continue reading →: A PERMANENT INJUNCTION GRANTED FOR THE FIRST TIME IN INDIA
In a first of its kind, in the history of IP in India, a permanent Injunction has been granted ,in an after-trial order in MERCK vs. GLENMARK in relation to IN 209816. Merck, represented by Anand and Anand,Merck vs Glenmark had sued Glenmark in 2013 for infringing a patent on…
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