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Delhi High Court Emphasizes the Importance of Claim Mapping in Patent Cases

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Source: https://www.researchgate.net/figure/Patent-claim-map-introducing-relationships-among-neighbouring-patents_fig1_285968399 On October 9, 2024, the Delhi High Court delivered a significant ruling in the case of  Hoffmann-La Roche AG vs. Zydus Lifesciences Limited, emphasizing the critical concept of claim mapping in patent infringement cases, particularly when petitioning for interim injunctions. Key Points from the Ruling: 1. Definition of Claim Mapping: Claim mapping involves a detailed comparison between the claims outlined in a patent and the allegedly infringing product or process. This step is crucial to establish whether there is actual infringement. 2. Judicial Requirements for Injunctions: Justice Saurabh Banerjee articulated that to secure a temporary injunction, a patent holder must present evidence of not only a prima facie case and the balance of convenience but also successful claim mapping. This means the applicant must show that the infringing product is likely...
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The Jan Vishwas (Amendment of Provisions) Act, 2023: changes in the realm of Intellectual Property laws.

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The Jan Vishwas (Amendment of Provisions) Act, 2023 aims to decriminalize and rationalize various offences in different legislative enactments to foster trust-based governance and improve the ease of living and doing business in India. It introduces a structured revision of fines and penalties, increasing them by 10% every three years, and modifies specific sections across multiple laws to align with updated governance expectations. The Act's implementation reinforces the governmental commitment to creating a less punitive regulatory environment while maintaining the necessary accountability. The Jan Vishwas (Amendment of Provisions) Act, 2023 decriminalizes and amends various provisions across different Intellectual Property Rights (IPR) legislations. Specifically, amendments regarding patents, trademarks, geographical indications, and copyright laws are being implemented through notifications issued by the Ministry of Commerce and Industry on July 26 and July 29, 2024 which wil...
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Erroneous assessment of inventions under Section 3(c).

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The Honorable High Court of Madras, in an appeal (T) CMA (PT) No.126 of 2023 filed by Imclone LLC (the appellant) to overturn a decision made by the Assistant Controller of Patents and Designs (the respondent), denying the grant of the appellant's patent application under Section 3(c) of the Patents Act, 1970. Image Credit: https://www.news-medical.net/health/How-do-Antibodies-Cause-Disease.aspx Patent/Application in suit:                     5808/CHENP/2007 (Now Patent Number :539070) Filing Date:                                            19/06/2006 (PCT) Corresponding PCT:                  ...
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Protecting the Allure: Trademark and Celebrities

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A CELEBRITY is a person who is widely recognized in each society and commands a degree of public and media attention. A person can be said to be a celebrity when he is popular in public eye. As per Oxford definition A “celebrity” is a person in the public eye who, for better or worse, has earned fame or infamy, or found renown or scandal, as a consequence of some act or supposed quality, and is celebrated as a result. Today, the word is often associated with people in the entertainment business. Linked closely to fame, and dependent on the media for both public circulation and image evolution, “celebrity” is a word with a long history and extraordinary cultural significance. It is also a concept that had been radically redefined and expanded over the past three hundred years. pc: www.britannica.com The concept of being a celebrity started since 1862 when Sarah Bernhardt (first international stage star, October 23, 1844–March 26, 1923) debuted in the title role of Racine’s  Iphigé...
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Novartis v. Natco_The abandonment of a divisional patent application does not render the parent patent unenforceable.

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(image credit:  livelaw.in ) Patent in suit : IN276026 (Novartis: Expiry:    20/05/2024) Molecule: Ceritinib Annual sale in India: 105,947,883 INR (As per Form 27, 2019) & 87,671 261,970,291 INR (2022-23: As per Form 27) Judgment Pronounced on : 9 April 2024. Conclusive Remark: The Delhi High Court has rejected the O39R4 application filed by the Defendant, NATCO, which sought to lift the injunction order in favor of the Plaintiff, Novartis. Interesting fact & remark of DHC : 1.      The Division application filed by Novartis was not rejected on its merits but because Novartis chose not to pursue the application. This decision does not prevent Novartis from contesting the validity of the patent challenged by the opponent. 2.      Even if the rejection of the division application were considered on its merits, the Controller's decision is not binding on the court. Upon independent analysis, the court has found...
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