14th April , 2010

Indian drug makers to challenge frivolous MNC patents

Leading Indian drug makers such as Sun Pharmaceuticals and Dr Reddy's Laboratories under the guidance of the Indian Pharmaceutical Alliance (IPA), have united to collectively challenge frivolous patent applications filed by multinationals in India.

Multinationals have been filing patents in large numbers in Indian patent offices and many products that are not worthy of patent protection under domestic laws, have been granted patents. The IPA would be challenging such patent applications in the pre-grant stage. An IPA study disclosed that 86 patents granted by India for pharmaceutical products after 2005 were not advanced drug inventions, but trivial variations of existing products.

Under Sec 3(d) of the Indian Patent Act, IP claims related to modified versions of known substances are only permissible if it can be proved that the variation has significantly enhanced efficacy. But many of the patent claims made by MNCs do not enhance the efficacy of previously known drugs.

IBM claims patent rights to halt mainframe emulation

IBM has threatened TurboHercules, the mainframe emulator with a lawsuit for allegedly violating its patents, breaking its promise not to claim IP rights against open-source developers.

TurboHercules sells an implementation of the open-source Hercules System/370, ESA/390, and z/Architecture Emulator, which is available under the Q Public License.

IBM has sent a letter to TurboHercules, which includes a non-exhaustive list of the patents that it believes the Hercules software violates. TurboHercules in turn has filed an antitrust complaint against IBM with the European Commission in Brussels.

In 2005 IBM had announced a free and open source software (FOSS) – an open access to 500 of its patents to establish a "patent commons" for individuals and groups working on open-source software. IBM doubts the intensions of TurboHercules, citing its participation in industry organizations founded and funded by IBM competitors such as Microsoft "to attack the mainframe."

IBM alleges that TurboHercules seeks gains on IBM’s investments in the mainframe by marketing systems that attempt to imitate the functionality of its machines.

Merck defends its anti-fungal patent drug

Merck is going to court to defend its patents for Cancidas against its generic competitors. Cancidas is an intravenous drug that treats fungal infections. This is for the second time in six months that Merck has approached the court regarding this matter.

Merck filed a lawsuit against Sandoz, which is part of Novartis, alleging that it violated Merck’s formulation patent on Cancidas. The patent is set to expire in 2017. Merck’s lawsuit prevents the Food and Drug Administration from approving a generic version from Sandoz for 30 months or until the lawsuit is resolved.

Cancidas was approved in 2001 and is used to treat invasive aspergillosis. The fungal infection often afflicts or affects cancer and HIV/AIDs patients and organ and bone marrow transplant recepients. Merck filed a similar lawsuit against the generic drug maker Teva in November last year. Teva had challenged two of Merck’s patents for the anti-fungal.

Patent for Method of Safe Online Shopping Awarded to buySAFE

The U.S. Patent and Trademark Office (USPTO) has awarded a patent for a method of providing safe online transactions that include a third-party guarantee of merchant performance to buySAFE, the provider of consumer confidence and website conversion solutions.
 
BuySAFE's bonding solution ensures virtually risk-free online shopping through merchant inspection, monitoring and a broad third-party guarantee of performance. BuySAFE, Inc. was awarded the U.S. patent on January 5, 2010. The inventors Steven L. Woda and Jeffrey E. Grass have assigned full ownership rights in the patent to buySAFE, Inc.

The patent application was filed nearly seven years ago on April 23, 2003. "BuySAFE's online bonding solution is unique as it benefits both parties to the transaction – shoppers and merchants. Online shoppers would be confident and their transation would be safe when making a purchase and online merchants would enjoy improved business.

Mosaid and Sharp make Patent Deal

Mosaid Technologies Inc. has reached a five-year patent licensing deal with Japanese electronics giant Sharp Corp., which will get non-exclusive rights to certain wireless communications technology.

With effect from April 1, Sharp would be making a fixed payment for the licence to Mosaid. Other terms of the agreement were not declared.

Sharp is the third manufacturer of Wi-Fi enabled handsets to license Mosaid's wireless patents. Mosaid, which makes its money from licensing patents to other companies, shares gained 35 cents to $23.61 on the Toronto Stock Exchange.

Toshiba gains rights to use Cryptography patents

Cryptography Research, Inc. has agreed to allow Toshiba Corp. to use its patents to enhance and expand its security products. Toshiba’s tamper-resistant products including smart cards, secure storage media and ASICs, work to protect systems against attacks such as Differential Power Analysis (DPA).

DPA attacks involve using advanced statistical methods to monitor the erratic electrical power consumption of a device so that they may obtain cryptographic keys and other secrets embedded in the system.

Countermeasures to DPA can protect products used in a number of applications including banking, pay television, mass transit, secure ID, and wireless telecommunications.

Cryptography Research has a portfolio of over 50 patents covering countermeasures to DPA attacks, which would be now available to Toshiba. This license between the two companies would allow Toshiba’s customers to develop their own security countermeasures without a separate license from Cryptography Research.

FDA approves Sun Pharmaceutical’s Generic Wellbutrin

A subsidiary of Sun Pharmaceutical Industries, Mumbai, one of the leading pharma companies in India has received FDA approval for abbreviated new drug application (ANDA) to market a generic version of GlaxoSmithKline’s (GSK) Wellbutrin SR extended release tablets.

These generic Bupropion Hydrochloride extended release tablets are equivalent to GlaxoSmithKline’s Wellbutrin SR extended release tablets.

Bupropion Hydrochloride (SR) extended release tablets are used in the treatment of major depressive disorder. The active ingredient in Wellbutrin SR is called bupropion.

According to GSK, Wellbutrin SR (bupropion hydrochloride), an antidepressant of the aminoketone class, is chemically unrelated to tricyclic, tetracyclic, selective serotonin re-uptake inhibitor, or other known antidepressant agents.

Indian Sports Ministry warns IPL against misuse of the word ‘India’

The Indian Sports Ministry has warned Indian Premier League commissioner Lalit Modi and title sponsor of the tournament DLF, and has asked them to stop "misusing" the word ‘India’ and comply with an Allahabad High Court order.

The "Building India" tagline in the DLF logo and its presence on the bowler's run-up area and on the passage leading to the presentation ceremony where the players repeatedly step on is objectionable.

In its letter to DLF chairman KP Singh, the Ministry said players running over the word ‘India’ hurts public sentiment and also shows disrespect to the name of the country. It has urged him to take urgent action to stop such misuse or else the matter would be put up with the Trade Mark Commissioner for appropriate action.

The writ petition filed in the Lucknow bench of the Allahabad High Court had alleged that placing the logo on the ground violated the Prevention to Insults to National Honour Act 1971 and the State Emblem of India (Prevention of Improper Use) Act, 1950.