Recent Patent Litigation Cases (2014-15): India

Patent Litigation in India has steadily increased over last 2-3 years. Dramatic swift has been observed in the innovator’s perspective from the mere aspect of invention to gaining patent protection for their respective invention. Patent owners have adopted aggressive approach towards their patent protection and enforcing their proprietary rights as businesses, are now well-positioned in the realm of patent litigation.  The patent owners are not at all hesitant to challenge the validity of patent rights of their rivals. There has also been gradual increase in the understanding of the complex patent infringement and validity issues. We will now deal with... Read More

ROLE OF DOCUMENTATION IN PROTECTING TRADITIONAL KNOWLEDGE

Domestic and International laws prohibit patenting of traditional knowledge of any local community. However, the traditional knowledge, such as unique plants and their use is being usurped by unscrupulous players by patenting them in different countries. Only way to stall such moves is by providing prior art evidences proving that the knowledge was already available and practiced. Documentation of old references/books, therefore plays an important role in protecting the traditional knowledge.  The challenge exists with protecting the undocumented or the traditional knowledge available in local/ancient scripts.  In some cases, the traditional knowledge are also available in local stories, legends, folklore,... Read More

Improving Regulatory Transparency for New Medical Therapies Act

A new act passed in the U.S. house of representative: What will it protect? Patent exclusivity, non-patent exclusivity, or both? Anything else also it deals with? The bill titled ‘A bill to amend the Controlled Substances Act with respect to drug scheduling recommendations by the Secretary of Health and Human Services, and with respect to registration of manufacturers and distributors seeking to conduct clinical testing, and for other purposes’ was passed on March 16th, 2015, in the U.S. House of Representatives, by voice vote H.R. 639, for an act which may be cited as ‘‘Improving Regulatory Transparency for New Medical... Read More

Supreme Court stayed the Delhi High Court order of injunction against Glenmark over the Generic drug “Sitagliptin”

Reportedly, Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015. The Delhi high court on dated 20th March 2015 set aside an order of single judge bench of Delhi High Court which rejected the injunction application by MSD against Glenmark. This article aims to analyze the Delhi High Court judgment by the Division bench in detail. The detailed judgment can be found here. Facts of the case: Merck Sharp & Dohme (hereafter “MSD”) aggrieved by the dismissal... Read More