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

CIPLA WINS PATENT CASE AGAINST GILEAD SCIENCES ON BIRD-FLU DRUG PATENT
Cipla has won a patent battle against US-based Gilead Sciences on bird flu medicine Tamiflu (oseltamivir phosphate) in India and the Indian Patent Office has rejected patent protection for the medicine last month.

The marketing rights for Tamiflu in the country was acquired by Swiss drug multinational Roche who had sub-licensed its production and marketing rights to Hyderabad-based Hetero in India and other developing countries.

With the outbreak of birdflu in recent years, the global demand for oseltamivir had increased to a great extent. Roche had announced that they will supply the medicine to 49 countries including India under these circumstances. With this intention, Roche had built partnerships with regional drug companies including Hetero who had built huge capacities to produce oseltamivir in emergencies.

Cipla will not face any legal constraints now to manufacture and sell the medicine in India after winning the pre-grant opposition.

MEDICAL COLLEGE DROPOUT IN INDIA GRANTED WITH FIVE US PATENT
A New Delhi resident named Anadish Pal, a medical college dropout has been granted patents for his five inventions by the USPTO.

The inventions are a three-dimensional mouse, motor pump alarm, robotic platform, pollution free engine, and an electrically powered personal vehicle which is smaller than the world's smallest, Tata's Nano.

The usual laptop mouse faces problems like processing satellite pictures like Google Earth while zooming in and out. The newly invented mouse will not face such obstacles and would prove beneficial to air force pilots. The Personal Mobility Vehicle is similar to a Golf Car - compact, electrically powered and pollution free. The two-seater's can attain a speed of 30 kph. The Motor Failure Alarm will signal the possible problem- mechanical or electrical (a failure in motor of a water pump) a month or two in advance. The Efficient Energy Engine can be used to generate electricity at home and in hybrid cars. It is packed with generator as well as an engine. The Robotic Platform can be used to construct military vehicles in a short time and can be used to reduce wheel base.

OPTI RECEIVES $19 MILLION VERDICT IN PATENT INFRINGEMENT LAWSUIT AGAINST APPLE INC.
The United States District Court for the Eastern District of Texas ruled in OPTi's favor in the patent infringement trial between OPTi Inc. and Apple Inc, relating to OPTi's U.S. patent entitled "Predictive Snooping of Cache Memory for Master-Initiated Accesses." The jury ruled that Apple willfully infringed OPTi's patent and awarded $19 million for Apple's infringement of OPTi's patent.

The Apple lawsuit is a part of the Company's strategy for pursuing its patent infringement claims relating to its Predictive Snooping technology. Consequently, the outcome of the Apple case, and any subsequent appeal, will play a role in the Company's strategy for pursuing its patent infringement claims and the Company's ability to realize licensing revenue from its Predictive Snoop patents.

OPTI RECEIVES $19 MILLION VERDICT IN PATENT INFRINGEMENT LAWSUIT AGAINST APPLE INC.
The United States District Court for the Eastern District of Texas ruled in OPTi's favor in the patent infringement trial between OPTi Inc. and Apple Inc, relating to OPTi's U.S. patent entitled "Predictive Snooping of Cache Memory for Master-Initiated Accesses." The jury ruled that Apple willfully infringed OPTi's patent and awarded $19 million for Apple's infringement of OPTi's patent.

The Apple lawsuit is a part of the Company's strategy for pursuing its patent infringement claims relating to its Predictive Snooping technology. Consequently, the outcome of the Apple case, and any subsequent appeal, will play a role in the Company's strategy for pursuing its patent infringement claims and the Company's ability to realize licensing revenue from its Predictive Snoop patents.

NICOX BUYS NITROMED NITRIC OXIDE DONATING PATENTS
NicOx , a French biotech company has bought nitric-oxide donating patents from Nitromed (NTMD.O) for 6 million euros ($7.8 million). NicOx uses its nitric oxide-donating technology to develop drugs against inflammatory and cardio-metabolic diseases. Naproxcinod is the key anti-inflammatory compound which can treat osteoarthritis in the knee and hip while keeping blood pressure in check.

NicOx's technology involves grafting a nitric oxide-donating chemical group onto an existing drug molecule, forming a new chemical entity that can be patented. The Nitromed patent acquisition excludes heart drug candidate BiDil, which was sold to JHP Pharmaceuticals last year.

SCHNEIDER SETTLES THE LARGEST RECORDED SETTLEMENT IN AN IP CASE IN CHINA
France's Schneider Electric has agreed to pay a Chinese company $23m to settle a patent lawsuit - the largest recorded settlement in an IP case in China. Chinese IP lawyers said the settlement was a "wake-up call" to foreign companies about the growing risk of lawsuits from China groups asserting IP rights. Traditionally, damage awards in Chinese IP lawsuits have been small, and the plaintiffs have usually been foreigners suing Chinese companies claiming infringement of IP rights.
Elliot Papageorgiou, of Rouse & Co, an IP consultancy in Shanghai, said: "A settlement of this magnitude will encourage Chinese patent owners to bring suits against foreign rivals." Last year Chinese companies were granted 175,000 utility model patents while foreign companies obtained 1,500.

UK ON THE WAY TO FAST-TRACK GREEN PATENTS
The UK government has revealed plans to fast-track the so-called green patents in an effort to boost environment friendly technology. The Minister of State for Higher Education and IP, David Lammy mentioned that launching an accelerated process for granting patents for green technologies would mean that patents aimed at combating climate change are granted in less than nine months. This would help ceveloping countries to get access to both knowledge about climate change and information on low-carbon technologies.

GEOGRAPHICAL INDICATION

GI PROTECTION SOUGHT FOR 'PUNERI PAGADI'
'Puneri Pagadi', the turban, which is considered as a symbol of pride and honour in the regions of Pune, has been applied for GI protection under "class 25" by the Pune-based Shree Puneri Pagadi Sangh.

The Sangh's representative Great Mission Group Consultancy's Ganesh Hingmire had stated that an early IPR protection of Puneri Pagadi will obviate the country's past experiences in cases like Basmati rice and turmeric, where it was fought to prove that these originated in India and the move for GI registration for Puneri Pagadi is poised with an aim to preserve the culture and a significant identity of the city of Pune.

The application claims that Mahadev Govind Ranade introduced the prevalent "Puneri Pagadi" for the first time nearly two centuries ago.

INTELLECTUAL PROPERTY RIGHTS

THOMSON REUTERS COMMEMORATES WORLD IP WEEK WITH SERIES OF STRATEGIC IP SEMINARS ACROSS THE U.S.
Thomson Reuters commemorates World IP Week, April 26 - May 1, 2009, with a series of strategic intellectual property seminars in San Francisco, Chicago and Philadelphia titled "The New Age of Intelligent IP." The seminars provide valuable insight on the impact of the economic climate on intellectual property, the rise of patenting in China and its effect on U.S. businesses, and best practice methodologies for managing IP rights throughout the Intellectual Property Lifecycle. These events will offer opportunities for IP professionals to learn valuable strategies and best practices, while networking with leaders within this space.

Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. With headquarters in New York and major operations in London and Eagan, Minnesota, Thomson Reuters employs more than 50,000 people in 93 countries.

US SEEK ACCESS TO INDIA'S TRADITIONAL KNOWLEDGE DATABASE
The US is in talks with the Council of Scientific and Industrial Research (CSIR), India to gain access to the country's rich database on unani, ayurveda and yoga, country's traditional health and medical practices.

American officials and CSIR would hold a meeting in May to resolve the issues in the draft agreement on accessing TKDL data by the United States Patent and Trademark Office (USPTO).

TKDL is a joint project between the apex scientific research organisation of the country CSIR and Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH) to preserve the old knowledge of India. There were some issues with the agreement document of CSIR which are being resolved, so that patent examiners can access the database in order to avoid any duplication of innovation.