Patent Infringement

Delhi HC Section 104A Patents Act
Case BriefsHigh Courts

The intent behind Section 104A of the Act is to shift the onus of proof from the plaintiff to the defendant in cases involving infringement of process patents. This is premised on the fact that the process adopted by a defendant in manufacturing its product would only be known to the defendant and would be difficult for the plaintiff to determine.

Delhi High Court
Case BriefsHigh Courts

The present case has highlighted the importance of maintaining a balance between protecting fair access to standardized technologies and protecting intellectual property rights.

delhi high court
Case BriefsHigh Courts

“Dr. Reddy’s is willing to give an undertaking that it will not commercially launch product ‘Olaparib’ prior to expiry of Kudos Pharmaceuticals’ patent and until then, it will only undertake activities which are permissible u/s 107-A of Patents Act, 1970.”

delhi high court
Case BriefsHigh Courts

Delhi High Court observed that the working of the Defendant’s ‘Present and Record’ feature when compared with the Claims would demonstrate that almost all the same steps therein are present in the Defendant’s product, thus, prima facie, establishing infringement.

Case BriefsHigh Courts

Delhi High Court: C. Hari Shankar, J., after a wholesome discussion, rejected the idea of the constitution of a “two-tier” Confidentiality Club