GENERAL IPR

INDIA TO COMPLAIN AGAINST EU WITH WTO

India will file a complaint with the World Trade Organization against the EU which allowed customs agencies to detain generic drugs in transit to developing countries.

Since November last year, border inspectors in the Netherlands and Germany have held up Indian medicines used to treat AIDS, Alzheimer's disease, heart conditions and other ailments, saying they violated patent laws in the EU, though the drugs were not meant for sale there. The drugs were detained for long periods at the request of big pharma companies including Sanofi-Aventis SA, Novartis AG and Eli Lilly & Co. Indian generics makers had to divert shipments at higher cost and had to hire lawyers to defend their right to have the drugs shipped to their destination.
Cipla Ltd.'s shipment of a schizophrenia medicine seized in November is still with the Dutch customs officials. Rajeev Kher, joint secretary of commerce in India, is preparing a complaint that India will file at the WTO, after which the WTO could dismiss the case, or rule that India has the right to impose retaliatory tariffs on the import of goods from the EU.

PATENT

INDIAN COURT DISMISSES BAYER'S PATENT CLAIM

The Delhi High Court has dismissed Bayer's petition aiming to block Cipla from getting approval for the generic version of Nexavar from Drug Controller General of India (DCGI). Nexavar is a patented drug of Bayer's and is used to treat kidney cancer.

Cipla, based in Mumbai usually launches generic version of various patented medicines both in India and abroad. Bayer and its Indian unit Bayer Polychem had filed a petition last year after the DCGI approved Cipla's generic sorefenib tosylate, Soranib.

Bayer had patent for the drug in India since March 2008, giving it marketing exclusivity for 20 years and if Cipla launchs a generic version of the kidney cancer drug, it would have infringed on Bayer's patent. Both the companies and the DCGI have been asked to wait for further orders by the court. The HC dismissed Bayer's plea since unpatented drugs are not spurious drugs and Bayer's petition was an attempt to bend public policy. Bayer will have to pay Rs 6.75 lakh to the Indian government and Cipla as legal cost.

CLEAN CHIT FOR TCS

The Madras High Court has dismissed applications seeking an interim injunction restraining Tata Consultancy Services (TCS) for infringing the applicants copyright and patent in the invention 'FLYGUARD' under the title e-passport (Smartcard) and as TCS e-passport solution.

S Paul Raj, the applicant, a computer science graduate, said he had identified several areas in daily life, which could be simplified with technological intervention. He claims to have invented the concept of a travel document, which would be the substratum for the traveler's information. He said he was the owner of the IP regarding the invention in the written form of the project concept.

In its response, TCS submitted that the idea was neither original nor new and involved technologies that were already in public domain for a long time. The applicant had not put his idea into use nor there was any patent registration in his name. In his order, Justice K Chandru said the applicant had neither made out any prima facie case nor the balance of convenience was in his favour for the grant of any interim order.

OFF-PATENT DRUGS FROM US TO PROFIT INDIAN PHARMA COMPANIES

As over $70 billion worth of drugs are expected to go off patent in the US, the world's largest pharma market, the Indian drug industry is likely to make profit in the near future. Drugs worth around $50 billion went off-patent in the US, in the past five years which, along with a doubling of generic alternatives in the market, has led to a rise in the generic share by volume to 68%.

Indian pharma companies are being presumed as one of the most competitive generic firms globally with a large FDA approved product pipeline, coupled with a strong research and development foundation. Indian companies have filed more than 900 abbreviated new drug applications (ANDA) which is the first stage approval for launching the drugs with United States health regulator in 2008 alone and has got around 300 approvals in the last year.

SANDISK WINS REVIEW OF PATENT

SanDisk Corp., the world's largest maker of cards which store digital pictures, won a second chance to argue that more than a dozen companies infringe its patents for flash-memory technology. Flash-memory chips are used to store data in digital cameras, cell phones and MP3 players.

SanDisk had claimed that 25 companies, including LG Electronics Inc. and Imation Corp., infringed its patents.

The U.S. International Trade Commission in Washington has agreed to review part of an ITC judge's findings that SanDisk had lost in April. If any abuse is observed, imports of any products that infringe the SanDisk patent would be banned.

MERCK SUED OVER ALLERGY DRUG PATENT

Singulair, the best-selling allergy and asthma drug of one of the world's largest drug makers, Merck and Co.'s is in a patent dispute with a group of drug distributors and health insurers. Sales of Singulair are expected to be $4.4 billion to $4.7 billion this year.

The companies allege in the lawsuit that Merck kept a monopoly on the drug, and consequently they have overpaid for Singulair over the last six years. The claimants are Louisiana Wholesale Drug Co., Burlington Drug Co., Miami-Luken Inc., District Council 37 Health & Security Plan and The Guardian Life Insurance Co. They say that Singulair's chemical composition was obvious and it could have been discovered by any other researchers. Patents are not given to drugs that are deemed obvious, and obviousness is one reason for a patent to be invalidated.

The drug was approved in the U.S. in February 1998, and the related patents of the drug are to expire in 2012.

MILESTONE SCIENTIFIC RECEIVES NOTICE OF ALLOWANCE FOR DISPOSABLE HAND PIECE FOR FLUID ADMINISTRATION

The USPTO has issued a Notice of Allowance for Milestone Scientific Inc.'s patent application for the use of its disposable hand piece for fluid administration. This award-winning hand piece is being used in conjunction with the Company's commercially available Computer-Controlled Local Anesthetic Delivery (C-CLAD) systems, including the STA Single Tooth Anesthesia System(TM), CompuDent(R) and CompuMed(R).

A Notice of Allowance generally completes the substantive examination of a patent application. Milestone has been awarded a total of 21 U.S. utility and design patents relating to its C-CLAD technologies till now.

US PATENT FOR NOVEL FOAM TECHNOLOGY

Foamix Ltd., a leading developer of topical foams for dermatology and gynecology, has been awarded a US Patent which covers unique foam compositions, useful in the treatment of heat and chemical burns, wounds, bacterial, fungal and viral infections.

Foamix Ltd., headquartered in Ness Ziona, Israel is a leading developer of topical foams for dermatology and gynecology. The Company's CEO said that the novelty of foam technology platform is that it enables facile delivery of active agents to the affected site. The foams are breakable and can be easily applied to the wounds and burns and they are absorbed readily.

To date, Foamix has five issued U.S. patents covering its OilGel and topical foam technology platforms.

CISCO, AVAYA SUED BY KLAUSNER OVER VOICEMAIL PATENT

Klausner Technologies Inc., a Patent holding company has sued Cisco Systems Inc. and Avaya Inc. for infringement on a visual voicemail patent. The suit was filed in federal court in Texas by the law firm of Dovel & Luner.

Last year Klausner had settled a lawsuit with Apple and AT&T Inc. over the same issue.

Apple and AT&T had agreed to take out licenses on the technology, joining eBay Inc.'s Skype division.

Klausner has 24 visual voicemail patent licensees.