14th August , 2010
US firm seeks trademark for 'Bhang' chocolates
In line with the neem, turmeric, basmati rice and pudina patent, now “bhang” - an ancient Indian cannabis preparation has come to light as an American confectioner Scott J Van Rixel has applied to trademark a product called "Bhang: The Original Cannabis Chocolate." The ‘Bhang’ word cannot be used for a chocolate or toffee by anybody if the trademark is granted.
Rixel whose chocolate contains a form of cannabis has created a company named 'Bhang Chocolate Company Inc' and plans to launch two more types of 'Bhang' chocolates in the US. He is selling goods like T-shirts and baseball caps with the name and logo of 'Bhang Chocolate' stamped on them.
Bhang commonly consumed during festivals such as Holi and Shivratri in north India is the least intoxicating of cannabis used here and is either drunk or smoked. Prepared from the leaves and buds of the cannabis plant, this is described as a beneficial herb that releases anxiety, in the Atharvaveda.
The TKDL- a database of traditional Indian biological and medical practices available to international patent offices which also has ‘Bhang’ in its list could come to the rescue and prevent any misuse or infringement.
Google to ease up trademark policy
Google, the search engine giant will alter its trademark policy in Ireland, UK and Canada. Advertisers like resellers and informational sites would be allowed to use the trademark of other businesses in the text of their online advertisements, even if they don’t own that trademark or have approval from the brand owner, under the restructured policy. The changes will come into effect in the UK & Ireland and Canada on 14 September.
The internet giant will however screen ads and will not allow ads using trademarks in a competitive or harmful way. Trademark owners and brand-holders have taken legal action against Google for allowing competitors to take undue advantage of their established trademarks and advertise in this manner.
In a similar development, from September 14th European companies will be able to pay to select trademarks as internet search engine terms, or “keywords”, through Google’s AdWords online advertising system. The European Court of Justice earlier this year had ruled that the sale of keywords which are brand names through Google’s AdWords did not infringe European trademark law, in a trademark lawsuit filed by luxury goods maker Louis Vuitton
Vectura Licenses Patents to GlaxoSmithKline
A U.K. drug maker Vectura Group has licensed some of its patents related to respiratory drugs to pharmaceutical giant GlaxoSmithKline. This deal could bring up to GBP20 million and royalties on future sales of two of GlaxoSmithKline's latest respiratory medicines.
GlaxoSmithKline being a market leader in medicines for asthma and related respiratory conditions would benfit from Vectura's technology in respiratory medicine.
According to the non-exclusive license deal, some Vectura patents related to formulating drugs in dry powder form for inhalation would be available to GlaxoSmithkline for use in two of its novel compounds which are supposed to replace Advair, a bestselling asthma treatment drug whose patent is to expire soon. Vectura would be recieving royalties on any medicine developed with either compound.
Vectura will receive a GBP10 million payment in September and another GBP10 million when both the novel Glaxo compounds are launched and the company will also receive royalties on sales of these drugs, capped at GBP13 million a year.
Facebook acquires social networking patents worth $40m
Facebook has acquired a set of patents on social networking from Friendster. There are 18 total patents - seven patents and eleven patent applications that were transferred to MOL Global which bought Friendster for $39.5 million last year. Facebook acquired the patents from MOL valued at $40 million.
The patents date back to the early days of social networking and cover things like making connections on a social network, friend-of-a-friend connections through a social graph, and social media sharing. At $40 million, the Friendster patents are one of Facebook’s largest acquisitions till date.
Friendster had received its first patent in 2006.
Two Indian pharma companies in drug patent row in US
The Swiss subsidiary of the Mumbai-based Lupin- Lupin Atlantis has sued Ranbaxy Labs in the US District Court for the Eastern District of Pennysylvania. This is for the first time that an Indian drugmaker has sued another in a US court charging patent violation. Lupin Atlantis alleges infringement of cholesterol-lowering Fenofibrate capsules, sold under the brand name Antara.
Lupin acquired Antara in September 2009 from US-based Oscient Pharma which had filed for bankruptcy in July 2009. The company has in the mean time made profits from the Abbreviated New Drug Application it was pursuing in this case by selling it to Dr Reddy's for an unrevealed amount before the product acquisition. Lupin sells three branded products including Antara has implemented a strategy of balancing its generic business with branded drugs business in the US.
This lawsuit by Lupin was in retaliation to a suit filed by Daiichi Sankyo (now owners of Ranbaxy) two days before. Daiichi Sankyo sued Lupin alleging patent infringement in case of a diabetes drug Welchol (colesevelam hydrochloride).
Microsoft and Salesforce settle cloud patent fight
The software giant Microsoft and Salesforce.com have made an out-of-court settlement to a patent battle related to cloud computing. Each company had accused the other of violating its patented technology in lawsuits filed in US court.
Both firms will get rights to use each others technology and Microsoft will get compensation from Salesforce.com for patents on operating systems, cloud services and customer relationship management software. Microsoft had established itself by selling software such as Office, Outlook, and Windows while San Francisco-based Salesforce flourished by a new era of cloud computing.
The legal row arose as Microsoft struggled hard to acclimatize to the developing trend of offering programs as services in the internet "cloud" instead of being purchased and then installed and maintained on computers. Microsoft has introduced an Azure cloud computing platform for its "live services" offered on the internet.
Salesforce had filed a patent-infringement lawsuit against Microsoft in obvious retribution for similar litigation that the US software giant had filed against it.
Glenmark and Sepracor settle patent dispute
Glenmark Pharmaceuticals and American firm Sepracor Inc. have signed a license agreement and settled their dispute.This agreement would make way for the Indian drug firm to launch generic eszopiclone tablets in the US market; eszopiclone tablets are used for treating insomnia.
“Sepracor and Glenmark were involved in a patent infringement suit related to Glenmark’s filing of an abbreviated new drug application (ANDA) with the US Food and Drug Administration to market generic eszopiclone tablets. Sepracor markets eszopiclone tablets under the brand name Lunesta in the US market and these are the second highest selling branded prescription medication there.
Glenmark would be allowed to launch its generic version of eszopiclone on November 30, 2013, which is two-and-half month prior to the expiry of Sepracor’s US patent or on May 30, 2014 if Sepracor gets pediatric exclusivity for Lunesta.
Pediatric exclusivity provides an extra 6 months of patent protection or marketing exclusivity along with the existing exclusivity or patent protection on a drug for conducting pediatric studies as requested by FDA.
