Cipla, BMS settles patent dispute

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Parties seek confidentiality of the terms of settlement

BS Reporter | Chennai

June 17, 2015 Last Updated at 18:00 IST

The patent dispute between US-based pharma major Bristol-Myers Squibb (BMS) and Indian pharma major Cipla Ltd over entecavir, a pharmaceutical combination for treating Hepatitis B has been settled amicably out of the court. Based on the endorsement made in this regard by both the parties, the Intellectual Property Appellate Board (IPAB) today dismissed theoriginal rectification application filed by Cipla against BMS's patent.

Counsels appearing for both the parties informed the Appellate Board that the matter has been settled out of court in April, 2015. Taking the endorsement to the registry on record, the bench comprising of IPAB Chairman Justice K N Basha and Technical Member (Patent) DPS Parmar dismissed the application as withdrawn not pressed. The companies requested the terms of settlement has to be kept confidential.

Cipla, in 2010, has filed a revocation application with the IPAB to revoke the patent, for a pharmaceutical composition comprising up to one per cent of entecavir effective for once a day oral administration to treat Hepatitis B virus infection in a human adult patient. It may be noted that another Indian generic firm Natco Pharma Ltd has earlier settled the dispute on the same product amicably.



Snapdeal faces Heat for Misusing Nalli's Trademark, Photos

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By Express News Service

CHENNAI: Iconic saree retailer Nalli Chinnasami Chetty has initiated legal action against leading e-commerce giant for ‘dishonestly’ using their trademark and brand on the site.

A statement from Nalli here on Wednesday said that they had issued a Cease & Desist Notice to on June 11 in using trademark and photographs of their product in any manner.

This was a clear case of copyright and trademark infringement, said a Nalli spokesperson.

According to him, not only was Snapdeal using the Nalli trademark as a search word an act of property infringement, the sarees on display were also claimed to be Nalli silk sarees.

“That is completely untrue and leads buyers to think they originated from Nalli,” he said.

Nalli’s statement also listed all such links and how it had noticed the infringement. “Nalli Chinnasami Chetty are the registered owners of the trademark “Nalli” in Class 24, 25 and various other goods falling within  the ambit of classes 14, 9 and services under classes 35,36,37 41 & 42.  “On Friday, June 11, 2015 we noticed while undertaking a Google search for “” that Snapdeal had misused our registered trademark “Nalli”, as well as copied the photographic images from Nalli’s website,” it said. The weblinks which misused the brand name, included in the statement, led to Snapdeal’s clothing segment, said Nalli.

“More specifically, it leads to the online sale of silk sarees where Nalli products and images from our website have been dishonestly used.

It is a deliberate attempt by Snapdeal to deceive the public to unjustly enrich itself to make the public assume that the original “Nalli” silk sarees are available on their website,” said the statement, adding that the online sale of Nalli products are done exclusively through their website “” and nowhere else. “Hence, we have demanded that Snapdeal immediately cease & desist using their trademark Nalli as search criteria or in any other manner and to remove all photographic images of their products from Snapdeal’s website,” said a Nalli spokesperson.

 A Snapdeal spokesperson, however, said that while they were taking appropriate action, “ is an online marketplace which connects buyers and sellers to provide the widest assortment of products. We have received the notice from the company and will take appropriate actions as per law.”



Nokia, LG join hands; inks smartphone patent license

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By: PTI | June 16, 2015 5:17 pm

LG Electronics will soon embed technologies developed by Nokia in its smartphones as the Korean firm has agreed to take a royalty-bearing smartphone patent license from the Finnish telecom gear maker.

“We are pleased to welcome LG Electronics to our licensing program,” Nokia Technologies President Ramzi Haidamus said in a statement.

LG Electronics is the latest of more than 60 licensees for Nokia’s 2G, 3G and 4G mobile communication technologies and the first major smartphone manufacturer to join the licensing program since Nokia divested its Devices and Services business to Microsoft in 2014.

“We’ve worked constructively with LG Electronics and agreed on a mutually beneficial approach, including the use of independent arbitration to resolve any differences. This agreement sets the scene for further collaboration between our companies in future,” Haidamus said.

The detailed royalty payment obligations will be subject to commercial arbitration and is expected to conclude within a 1-2 year timeframe. Other terms of the agreement remain confidential.

First Published on June 16, 2015 4:38 pm



Opto Circuits subsidiary wins patent case against US firm to get Rs 147 crore towards loss of royalty from Zoll LifeCor

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BS Reporter  |  Bengaluru 

June 9, 2015 Last Updated at 00:48 IST

Opto Circuits (India), maker of invasive and non-invasive medical equipment and devices, has won a patent violation case against US-based Zoll LifeCor Corporation. According to a Los Angeles Superior Court verdict delivered late last month, the US firm will pay $23 million (Rs 147 crore) towards the loss of royalty to Opto Circuits group company Cardiac Science Corporation.

Cardiac Science, which makes automated external defibrillators (AEDs), was represented by law firm Patterson Thuente Pedersen.

A defibrillator is a piece of equipment used to control the movements of the heart muscles by giving the heart a controlled electric shock.

The dispute relates to the company's patented wearable defibrillator technology. In 2002, LifeCor began marketing its LifeVest product, which violated a number of patents of Cardiac Science. To avoid patent-violation claims, LifeCor entered into a cross-licence pact with Cardiac Science and was able to sell its device. In 2006, Zoll Medical Equipment acquired LifeCor. It stopped paying royalties linked to the agreement. Cardiac Science sued Zoll Medical and Zoll Lifecor for violation of contract in 2011.

“This unanimous jury verdict represents a significant victory for Cardiac Science and the extensive damages validate the significant value of Cardiac Science’s wearable defibrillator technology and other technologies in the AED space,” said Vinod Ramnani, chairman and managing director of Opto Circuits (India).

Cardiac Science develops, manufactures and markets automated external defibrillators. The company has customers in 100 countries and has operations in North America, Europe and Asia.



India to resist Japan and South Korea's push for patent legislation at RCEP

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By Dilasha Seth, ET Bureau | 12 Jun, 2015, 04.38AM IST

NEW DELHI: India will resist a push by Japan and South Korea for stringent patent legislation at the eighth round of negotiations for Regional Comprehensive Economic Partnership (RCEP), according to a senior official.

Ten ASEAN countries and their freetrade agreement partners--Australia, China, India, Japan, Korea and New Zealand--are currently holding the eight round of talks in Kyoto and hope to create an Asian free-trade block—RCEP— by the year end. The negotiations seeks to include goods, services, investments, competition and intellectual property.

New Delhi has maintained that its intellectual property rights regime is WTO compliant and will not talk beyond its global commitments made under Trade-Related Aspects of Intellectual Property Rights (TRIPS). India, instead, is pushing for protection of traditional knowledge. As per the draft text submissions, Japan and South Korea have proposed provisions beyond the WTO, such as patent term extensions, data exclusivi and lowering of the patentability criteria.

The current round of negotiations will conclude on June 13. The negotiations saw protests from public health activists and the civil society, cautioning about the adverse impact of such IP provisions on accessibility of low-cost medicines in developing countries.

"If accepted, these provisions would extend monopoly protection beyond what is required," said Loon Gangte of a civil society group-DNP+ and International Treatment Preparedness Coalition- South Asia. Japan and Korea have the backing of Australia, New Zealand, Malaysia and Singapore and other fellow countries in the Trans Pacific Partnership (TPP), which is another proposed regional free trade agreement under which these countries are negotiating with the US. Korea has, in its draft text, said that the patent term must be adjusted to compensate for unreasonable delays in granting the patent. "An unreasonable delay shall at least include a delay in the issuance of the patent of more than four years from the date of filing of the application...," it has proposed. "We are clear about our red lines in the negotiation and we are not going to talk beyond TRIPS," the Indian official said.

Japan, on the other hand, is pushing for patents to be granted for incremental innovations, even when they don't show any improved efficacy over an existing invention. Section 3(d) of India's patent law forbids patenting of incremental innovations called 'evergreening'. This clause was also upheld by the SC in 2013 when it turned down Swiss drug innovator Novartis' plea for patenting its cancer drug Glivec.




Eureka Forbes denied patent for Aquasure after Hindustan Unilever’s opposition

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By: Sajan C Kumar | Chennai | June 13, 2015 12:35 am

The patent office has rejected an application by Eureka Forbes for a patent for its flagship iron removal water purifier, Aquasure, on grounds of lack of inventive step and insufficient disclosure.

The patent office refused to entertain the application after hearing the submissions put forth by Hindustan Unilever Ltd, or HUL, which had filed a pre-grant opposition in the matter.

Opposing the grant of patent, Hindustan Unilever submitted that the usage of ion exchange resin for the removal of iron as well as its usage in gravity water filters is well known in prior art.

In view of Eureka Forbes’ failure to provide comparative tests vis-à-vis the closest prior art, the failure to provide data in relation to its distinguishing feature, as well as the failure to provide details about the unexpected affect achieved due to the allegedly claimed invention, the impugned patent application fails to satisfy the criteria of obviousness and inventive step an hence needs to be refused, Hindustan Unilever argued.

M Ajith, assistant controller of patents and designs, Chennai, said: “I find force in the arguments put forward by the agent for the opponent (HUL) that with the teachings disclosed in the cited documents, it is obvious for a person skilled to arrive at the invention claimed in the present application, and in view of this, came to a conclusion that the opponent has succeeded in establishing this ground of lacking inventive step and this application for a patent is liable to be refused on this ground alone.”

HUL further argued that Eureka Forbes has acknowledged that the inventive merit of the claimed invention lies in the usage of iron removal cartridge.

It was therefore submitted that the scope of the alleged invention cannot be extended to claim a water purification device, especially when the water purification device per se has been claimed in the application.

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First Published on June 13, 2015 12:35 am



India must align patent laws with global standards to boost trade: PM Narendra Modi

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NEW DELHI: Batting for opening of sectors such as legal and finance to foreign players, Prime Minister Narendra Modi on Thursday asked the services industry to overcome its fears, asserting that India is globally competitive and suggesting that the country could become a hub for global arbitration with some changes in legislation.


National IPR Policy still awaited

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November draft proposals had drawn flak; DIPP formulation ready but Cabinet nod yet to come; clashing concerns on pharma sector a key area

India is yet to reformulate a national policy on intellectual property rights (IPRs), though this had been expected to be announced early this year.