Intellectual Property Rights | Patent

Verathon Medical (Canada) Ltd v Aircraft Medical Ltd.

Verathon Medical (Canada) Ltd v Aircraft Medical Ltd.[1] Facts: A developer and manufacturer of medical devices (V), incorporated in Canada, alleged that a manufacturer of medical equipment (M) from UK infringed V’s patent in respect of an intubation instrument. V also sought for amendment of the patent.[2] M counterclaimed for revocation of the patent on…

Intellectual Property Rights | Patent

Kirin-Amgen Inc v Transkaryotic Therapies Inc (No.2)

Kirin-Amgen Inc v Transkaryotic Therapies Inc (No.2)[1] Facts: Kirin-Amgen Inc. (K) was the proprietor of a European patent relating to the production of erythropoietin (EPO) by recombinant DNA technology. EPO was a hormone made in the kidney which stimulated the production of red blood cells. Transkaryotic Therapies Inc (T), a US corporation, had also developed…

Intellectual Property Rights | Patent

Improver Corp v Remington Consumer Products Ltd.

Improver Corp v Remington Consumer Products Ltd.[1] Facts: Plaintiff in this case were European patentees and inventor of a depilatory machine called “Epilady” which had a spring and, when rotated, plucked hairs from skin. Defendant produced a device called “Smooth and Silky” which plucked hairs using a rubber band. P alleged infringement. D denied infringement…

Intellectual Property Rights | Patent

F. Hoffmann- La Roche Limited, Switzerland and Anr. v. Cipla Ltd. Mumbai

Facts: Two plaintiffs, namely, F. Hoffmann-La Roche Ltd. and OSI Pharmaceuticals Inc., filed this suit for permanent injunction restraining infringement of patent by the defendants. The plaintiff No.1 Company claiming to be the world’s leading research-focused healthcare groups in pharmaceuticals and diagnostics stated that it engages into collaborative agreements and alliances with numerous partners and…

Intellectual Property Rights | Patent

LG Electronics India Pvt Ltd v. Bharat Bhogilal Patel & Others

Facts: The defendant No.1 claimed to have obtained a patent for process titled as “A Process of manufacturing engraved design articles on metals or non-metals”. The defendants No.2 and 3 are Commissioners of Customs (Import), Officers of Customs. The plaintiff filed a suit seeking declaration and consequential reliefs of injunction on the premise that the…

Intellectual Property Rights | Patent

Telefonaktiebolaget LM Ericsson v. Mercury Electronics

Telefonaktiebolaget LM Ericsson v. Mercury Electronics (Ericsson v. Micromax) STATUS: Pending before the Delhi High Court FACTS: Plaintiff is the registered owner in Indian of eight patents referred to as AMR Patents, 3G Patents and EDGE Patent. He states that all the aforesaid Patents are registered and currently valid. It was alleged by the plaintiff…

Intellectual Property Rights | Trade Mark

Allied Blenders and Distillers Pvt. Ltd. v. Intellectual Property Appellate Board, The Deputy Registrar of Trade Marks and John Distilleries Limited

Allied Blenders and Distillers Pvt. Ltd. v. Intellectual Property Appellate Board, The Deputy Registrar of Trade Marks and John Distilleries Limited ¬†AIR 2009 Mad 196, 2010(42)PTC57(Mad) LAW POINTS: Section 21 of the Trade Marks Act, 1999 requires a party opposing registration of a trade mark to file a notice of opposition to the registration within…