ITAG

online_forms

ITAG Weekly News

News

BAJAJ’S EXHAUSTEC PATENT
Bajaj Auto has been granted a patent for its Bajaj’s ExhausTEC patent no. 231498 dated March 5, 2009 by the Indian Patent office. The technology emphasizes “significantly improves low/mid-range torque in a single cylinder four-stroke engine, employing a chamber of pre-determined volume attached to the exhaust pipe”. Bajaj Auto filed the ‘ExhausTEC’ patent application in 2004 which got published in the official Gazetee of the Indian patent office in 2007. TVS Motor made a pre-grant opposition in December 2007 for alleged use of its twin spark technology on TVS Motor’s new motorcycle which was further an improved added technology used in the earlier patented DTS-i invention. However Indian Patent Office dismissed TVS’ pre-grant opposition on March 5 2009. The patent granted to Bajaj Auto is for ExhausTEC, which is a chamber fitted on the exhaust pipe. According to TVS Motor the patent grant to Bajaj has nothing to do with DTS-i twin spark technology. They are two separate patents and are not linked to each other. TVS Motor opposed this in the Indian Patent office. It was only because of TVS Motor’s opposition that Bajaj had to amend their claims and the claim as amended was sub-sequently granted to Bajaj.

PATENT
OPPOSITION BY NATCO PHARMA AGAINST APPLICATION ON COPAXONE
The patent application of Yeda Research & Development Company for Copaxone, a branded drug to treat multiple sclerosis, was successfully opposed by Hyderabad-based Natco Pharma. The drug was marketed globally by Israel-based Teva Pharmaceuticals Industries. The patent office turned down the application on the basis of "obviousness and lack of inventiveness."
"We are extremely pleased by the patent office's decision to deny this application. We've long maintained that the composition claimed in this request was an obvious variation of compositions in the public domain, and the current decision removes a potential obstacle to providing high quality and more affordable version of MS (multiple sclerosis) drugs to patients in many countries of the world," said Natco Chairman and Managing Director V Nannapaneni.

BOSTON SCIENTIFIC SETTLES STENT SUIT WITH INVENTOR
Boston Scientific Corp. has agreed to settle all outstanding litigation with Dr. Bruce Saffran, a New Jersey doctor (an interventional radiologist),who had been awarded damages of almost $432 million after suing the medical device maker for patent infringement. A federal jury, Texas found that Boston Scientific's Taxus stents infringe a patent held by Dr. Saffran and awarded him damages of $431.8 million and $69 million in interest. Stents are tiny wire-mesh scaffolds inserted into arteries to prop them open after they have been cleared of plaque. This settlement also closes the door on a second lawsuit filed by Saffran, last month, in which he sought damages for continued sale of Taxus stents.

TOMTOM SUES MICROSOFT FOR PATENT INFRINGEMENT
GPS device maker TomTom alleges that Microsoft infringes on four patents in Microsoft Streets and Trips. The product is mapping software that runs on computers and can be used with a small GPS receiver that connects to a laptop. TomTom is asking for triple damages for willful infringement, since it says it had notified Microsoft about its alleged infringement. Microsoft said it was reviewing TomTom's filing and that it remains committed to a licensing solution.

EDWARDS WINS PATENT CASE
Irvine-based heart valve maker Edwards Lifesciences Corp. said that it didn't infringe on a patent held by Cook Inc. Cook had alleged that Edwards' Sapien lessinvasive heart valve directly infringed on a German patent Cook holds. Edwards is "very pleased" with the decision, said Larry Wood, its corporate vice president who oversees the device maker's transcatheter valve program, in a statement. Edwards said its countersuit claiming invalidity of Cook's German patent is expected to be heard in Munich in 2010.

AMAZON MAY FACE UPHILL BATTLE WITH DISCOVERY'S E-BOOK PATENT
Discovery Communications has filed a lawsuit against Amazon claiming infringement on an e-book patent filed 10 years ago. There is an extremely high number of claims (close to 200) compared to the usual 20 or 30, and there are very complete specifications around the e-book distribution process. This shows that the company put a lot of time and effort into making sure they covered every aspect of the design, and it is not only Amazon that should be worried, but other e-book readers as well. It doesn't appear as if Discovery's motive is getting into the e-book or electronics businesses either, as they are predominantly a media and content company. But Discovery founder John S. Hendricks actually did quite a bit of work in the '90s that would seem ahead of his time surrounding the digitization of media. Discovery still has several patents pending, but the e-book one in question was issued just as Amazon's Kindle began pushing e-books into the mainstream.

MICROSOFT AND LEXMARK INK PATENT DEAL
Microsoft unveiled yet another of its patent agreements, this time with printer manufacturer Lexmark, allowing"greater mutual access" to each other's patent portfolios. Microsoft is historically a stickler for ensuring people don't violate its patents, which number about 15,000 worldwide, and has more than 500 crosslicensing deals in place already. Microsoft officially launched its IP licensing program in 2003, after which it began striking patent deals in earnest. Microsoft has also struck cross-licensing and patent deals with some Linux providers, including Novell and Xandros. Microsoft declined to reveal whether the Lexmark agreement covers open-source technologies, citing the deal's confidentiality.

TRADEMARK
CADILLA AGAINST DABUR INDIA AND SHREE BAIDYANATH AYURVED ON "SUGAR FREE"
Cadila Healthcare approached the Supreme Court to restrain Dabur India and Shree Baidyanath Ayurved from using its trademark 'Sugar free', used for artificial sweeteners. The company has challenged the Delhi High Court ruling which dismissed its prayer alleging infringement of its trademark 'Sugar free'. The company stated that their adversaries were also targeting the same class of consumers and should be restrained from doing so. They have also contended that the recently introduced sugar-free Chyawanprash by Baidyanath Ayurved Bhawan and Dabur was advertised in such a way that it would create confusion among consumers as to the source of the product and would result in dilution and blurring of the Cadila brand.

GEOGRAPHICAL INDICATION
BYDAGI CHILLI APPLIES FOR GI TAG
"Bydagi chilli", a special chilli which has grown in Karnataka including Haveri (where Bydagi town is located) is now seeking Geographical Indication (GI) registration to protect the rights of farmers in the region. This unique chilli has deep red colour and sweet flavor when it is ripe. The chilli is used by the oleoresin industry as the oleoresin extracted from it can be used as a dye in the textile industry, to tone fresh wine, in cosmetics and in other products. Bydagi chilli has a good market in countries of Europe and North America, Indonesia and Bangladesh. Once it receives the GI tag, nobody from any other place may legally cultivate or market "Bydagi chilli."

INTELLECTUAL PROPERTY RIGHTS
BANGALORE LEADS ON E-FILING OF TRADEMARK
Among the cities, Bangalore is the highest in filing of trademarks online as maintained by the office of the Registrar of Trademarks, Government of India, Patent & Trademark office."There are many ordinary people who have novel inventions, but do not have the means to bring it out in public. In India, the Chennai branch of the Patent& Trademark Office has the highest number of trademarks filed and Bangalore stands first in the efiling of trademarks online," N D Kasthuri, Deputy Registrar of Trademarks, Governmentt of India said.

IIT-B ENTERS INTO CONTRACT WITH INTELLECTUAL VENTURES
IIT-B signed a Memorandum of Understanding with Intellectual Ventures(IV), a Washington-based company that specializes in buying patents and leveraging them for optimum gain. The India division of IV is headed by former IIT-B director Ashok Misra. In the past 50 years, the IIT-Bombay has managed to file less than 150 patents. IIT-B hopes that IV will be able to monetize its intellectual property (IP) in a more systematic way and help it to reap the rewards of global commercialization. Under the scheme, IV will pay IIT-B a licensing fee for the patents and will also bear the patenting costs. The partnership is not exclusive and IIT-B is free to engage with others for IP-related matters.