Nokia & IPCOM

The claimant, Nokia Corporation, seeks revocation of European Patent (UK) No. 1 841 268 ("the patent" or "268") which belongs to the defendant IPCom. This action is yet another stage in the litigation which is pending in a number of jurisdictions in relation to the mobile telephony patent portfolio which IPCom purchased from Robert Bosch GmbH. Earlier this year, the company lost an appeal over another patent claim. The company was seeking to claim EUR12 billion (US$16 billion) from Nokia based on the calculation of 5 percent of Nokia’s mobile phone sales in countries covered by the patents, or EUR... Read More

ENERCON INDIA LTD. (EIL) VS. ENERCON GMBH (EG)

This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and is setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what has happened so far in the contention along with the facts involved in the case: Introduction Facts: EG is among the world’s leading wind turbine manufacturers and had set up EIL in 1995 having 56% stake in the company. After company level disputes EIL litigated... Read More

Clear and Convincing …Says US Apex

This blog is just an update of the US Supreme Court hearing in the case “Microsoft Vs. i4i”.  For more details about the initial proceedings, please click here to visit my earlier blog “Clear and Convincing evidence” posted on January 10th 2011. The patent act indicates that issued patents are "presumed valid." 35 U.S.C. § 282. In this case, Microsoft challenged the strength of that presumption -- arguing that a low "preponderance" standard for proving invalidity should be sufficient rather than the higher "clear and convincing" standard required by the Court of Appeals for the Federal Circuit. The Supreme Court... Read More

DataCard Corporation Vs Eagle Technologies – Part 1

Introduction: It is a direct Patent Infringement case, claimant “Data card Corporation” (Datacard) sued Eagle technologies for infringing its couple of patents: UK 1458572 (‘572) and UK 1534530 (‘530) and also couple of trademarks: UK 1399698 (‘698) and UK 1399699 (‘699). When I was searching case laws to understand the degree of obviousness, especially in the field of mechanical engineering, from English courts I came across this wonderful case and hence thought of blogging on the same. In Part – I, I have decided to pen down the insight arguments between the claimant and the defendant and also to summarize... Read More

Microsoft Corp V/s TiVo, Inc

The present case relates to an infringement petition filed by Microsoft Corp against TiVo, Inc. in California Northern District Court, for infringing its two patents, Patent No. US 6,008,803, (‘803) and Patent No. 6,055,314, (‘314). The case was filed on January 19, 2010. The case is still waiting for its decision and its next hearing is on March 30, 2011. The patents in context relate to an information display, for an user, for purchasing and display of video contents. As TiVo manufactures related products such as, TiVo premiere and TiVo Premiere XL, which are basically set top boxes, the products... Read More

Due Diligence Search Strategies…2

This article is in continuation with the blog “Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications”  by IIPRD (Please click here to read the blog), an initiative from IIPRD to randomly pick up recently published Indian patent application and try and understand the chances of getting a valid patent. IIPRD made note of an Indian Patent Application, which has been recently been published in the Indian Patent Journal relating to methods and systems for selecting a mobility anchor point for a mobile node in a network. In summary the patent discloses, a Multi-node (MN) that connects... Read More

Due Diligence Search Strategies for Determining Patentability of Exemplary Indian Patent Applications

When Patent experts advise to Large and Small Corporations and Institutes to focus on Due-Diligence before filing patent application, it’s not without any substantive motive. What is the point of having a patent, even though it gets a grant, if the same is not enforceable? It’s almost like having a piece of paper with no economic and commercial viability. Its known that almost 40% of the total number of patents granted in US are challenged on validity at some point or the other of their legal life. With the increasing load of the respective country’s patent offices, an increasing percentage... Read More

“Clear and Convincing Evidence”

Case “Microsoft Vs i4i” interests me as I saw the recent Supreme Court decision to hear this case again. Long story in short, i4i filed a patent in 1994 and gets granted on 07/98 (US 5,787,449). ‘449 relates to a system and method for the separate manipulation of the architecture and content of a document, particularly for data representation and transformations. Interestingly, Microsoft, in its new product, described the new feature as “truly integrate your documents with business processes and business data,” and explained the role of XML Data Store in MS Office 2007 documents. Unfortunately, description of the MS... Read More

Claim Construction – Interpretation to Determine Obviousness

The present case relates to reexamination (Reexamination No. 90/008,482) of US Patent No. 5, 236, 503, referred to as ‘503 hereinafter. The concerned Applicant GLATT AIR TECHNIQUES, INC. (referred to as Glatt hereinafter) appealed against the order of the Board of Patent Appeals and Interferences, which was decided on 5’th Jan 2011. As an introduction, a third party requested ex parte reexamination of the patent. The U.S. Patent and Trademark Office (“PTO”) granted reexamination as to claims 5-8 and 10 of the ’503 patent. During reexamination, Glatt canceled claims 6, 7, and 9-11, limiting the reexamination to un-amended claim 5... Read More

Greif & Technocraft

The case is all about a mech. patent granted in Europe in 2008.  The Proprietor (Applicant) Grief International Holding B.V is holding the Patent EP 1467922 (‘922).  The Patent relates to an improved container closure plug having a unique gasket retaining feature.  Interestingly, Technocraft Industries, a company based out of India filed an Opposition in the year 2009 to revoke this patent. Technical Aspects of the Invention: The present invention in question provides a closure plug that overcomes the problem of sealing gasket gripping and looping persisted in the available art.  Particularly, the Independent claim of the present invention is... Read More