INDIAN BLOG "SPICY IP" USED AS A REFERENCE IN SETTLING TVS-BAJAJ PATENT ISSUE BY CHENNAI HIGH COURT

"Spicy IP India", a blog has been used as reference by Madras High Court, for the first time by any court in India with reference to a patent case decision in Bajaj Auto Ltd. vs TVS Motor Ltd. The blog was placed by J. Sai Deepak, a final year LL.B. student from the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. The decision of Madras High Court has relied heavily on the views expressed by the IIT students on the alleged violation of the technology patented by Bajaj Auto Ltd for "Twin Spark Plug and Triple Value Engines". The court has given judgement in favour of TVS Motor reversing its earlier judgement decided by a single judge in February 2008. Bajaj Auto has decided to file an appeal to the Supreme Court.

PATENT

TOSHIBA SUES MOSER BAER ALLEGING VIOLATION OF DVD PATENT
Toshiba Corporation, a Japanese electronics major alleged Moser Baer India, an optical storage device maker to infringe its DVD patents and filed a lawsuit against the latter for the alleged infringement. Besides Moser Baer, Toshiba filed the lawsuit against seven other companies manufacturing and distributing recordable DVD media, seeking an injunction to prohibit infringement of the Japanese entity's DVD patents.

According to a Moser Baer spokesperson, the firm is awaiting details of the lawsuit. The lawsuit was filed on May 14 with the US District Court for the Western District of Wisconsin. Apart from seeking "damages for past infringement'', the lawsuit has requested the court to enjoin the sale, manufacture, and importation into the US of recordable DVD media by these companies.

BAJAJ AUTO FACES ANOTHER PATENT BATTLE
A situation of a possible patent war has emerged as Bajaj Auto Ltd, India's second largest two-wheeler maker, alleged that some Chinese bike makers had copied its design. Bajaj Auto has a patent for its multi-spring shock absorber system in Nigeria and 16 other markets that are part of the African Intellectual Property Organization but is yet to receive the patent certificate.

Bajaj Auto had earlier said some China-made bikes sold under the brands Nexus and Nebula in Nigeria, Kenya and Uganda had copied its design. A patent for the said shock absorbing system was granted by the Indian Patent Office to Bajaj Auto on May1, 2009. It is important for Bajaj to seek protection for its patent in Nigeria as this African country is Bajaj Auto's largest export market for bikes. As of now, the offenders in Kenya and Uganda may get away as Bajaj Auto has not received patents for these markets.

Few years back, there existed a copy of the Bajaj Pulsar branded as Gulsar in Sri Lanka However, Bajaj Auto could manage stopping sales in Sri Lanka after filing a court petition.

TROIKAA GETS PATENT FOR DICLOFENAC INJECTION- DYNAPAR AQ
A patent for a novel, high concentration diclofenac injection- Dynapar AQ was recently granted by the Indian Patent Office to Troikaa Pharmaceuticals, a Gujarat based pharmaceutical company. The application was filed by the company in February 2005 but the grant was delayed due to a series of oppositions filed by Indian pharma companies.

The patent for the said injection has till now been granted in 29 countries and the process of obtaining in the rest of the countries of interest are nearing completion.

GENERIC FLU DRUG CHALLENGE TO TAMIFLU
Cipla to sell a cheap version of the patented antiviral flu drug Tamiflu in a move that will pitch intellectual property rights against affordable access to medicines. Cipla had agreed to sell considerable quantities of its Antiflu preparation to Mexico, the country facing the current flu outbreak. The WHO has said the drug is as effective as Tamiflu.

Mexico had already agreed to purchase stocks of Antiflu. The launch risks provoking a clash with Gilead and Roche, the large pharmaceutical companies that developed and distribute Tamiflu, the drug known generically as Oseltamivir, which Antiflu replicates. Cipla in recent times won a case within India against Gilead, which holds the patents on Tamiflu. If Mexico now issues a compulsory licence to waive the patent on the drug, existing international trade rules would allow purchases of Antiflu.

STEMCELLS' PATENTS UPHELD BY USPTO
The USPTO has upheld the validity of the remaining two neural stem cell patents of StemCells Inc. which were subjected to reexamination proceedings commenced by Neuralstem Inc.

As the USPTO's decision is final and cannot be appealed, StemCells is asking the federal district court in Maryland to resume the infringement lawsuits against Neuralstem. The upheld patents are, respectively, methods for using neural stem and progenitor cells for the screening of drugs and biological agents.

PFIZER TO MARKET OFF PATENT INJECTABLES WITH CLARIS
Pfizer Inc has entered into a partnership with Ahmedabad-based Claris Lifesciences Ltd to commercialise sterile injectible drugs that are off-patent and have lost exclusivity in the US, Canada, Australia, New Zealand and Europe. These drugs cover a range of therapeutic areas, including anti-infectives, antibiotics and other critical care products.

This agreement is a strategy to transform Pfizer's off-patent drugs and established products portfolio from becoming a declining business to a growing business and it will provide patients with a wide range of high quality affordable medicines. Off-patent medicines, including branded generics, represent one of the fastest growth segments in the global pharmaceutical market.

Pfizer, which has global annual sales of $10 billion for established products, recently expanded an agreement with Aurobindo Pharma to supply finished dosage products. Under the terms, Pfizer has acquired rights to 55 solid oral dose products and five sterile injectable products in the US, Europe and France. Pfizer will supply 60 products in more than 70 countries through Asia, Latin America, Africa and West Asia.

MICROSOFT INC. FINED $388 MILLION AND LOSES PATENT CASE
Microsoft was hit with a $388 million patent infringement fine following a lengthy legal battle dating back to 2003 with security software vendor Uniloc. The patent was for an anti-piracy solution that prevents the creation, distribution and use of unauthorized copies of software- which Microsoft allegedly infringed with its software activation methods.

The decision is a reversal of an earlier judgment in which the courts originally favored Microsoft, with Uniloc appealing their losing verdict. The appeal was granted and Uniloc won this second trial in court. The damages awarded are one of the largest on record in legal disputes involving patents. It might take a while before Uniloc actually gets that money, as Microsoft has announced its intention to appeal.

TRADEMARK

GLOBAL TRADEMARK REGISTRATION TOUCHES 1-MN MARK
The international trademark registration touched the 1-million mark this month, more than a century after the first trademark was registered by Russ-Suchard & Company, a Swiss chocolate maker in 1893. Austria-based Grune Erde, which specialises in natural wood, textile and cosmetic products, became the millionth international trademark owner this month. The trademarks are registered at the WIPO under its Madrid System for the International Registration of Marks.

he increasingly rapid growth of the Madrid system over the last two decades reflects increased internationalization of trade and broader recognition of the commercial importance of trademarks," WIPO said.