I) Introduction The science of biochemicals and the realm of Section 3(d) of Indian Patents Act! Can there be a reconciliation between the two? This question is a hot topic of discussion amongst the Indian biochemical patent community following the recent decision (Novozymes vs The Assistant Controller of Patents and Designs) pronounced by the Madras…

Nokia has started legal actions against Amazon in the US, Germany, India, the UK and at the Unified Patent Court for the unauthorized use of Nokia’s video-related technologies in streaming services and devices. Separately, Nokia filed cases in the US against HP. In a blogpost, Arvin Patel, chief licensing officer new segments at Nokia, states…

An earlier post on case law on Standard Essential Patents (SEPs) in India looked at decisions published until 2021. This very comment updates the analysis by covering more recent cases occurred in the latest two years, specifically focusing on the availability of interim injunctive relief for SEP owners and FRAND terms. In the recent proceedings…

Legal basis The legal basis for compulsory licenses can be found under the Indian Patent Act, 1970 (Indian Patent Act), Chapter XVI, read with Indian Patent Rules, 2003 (Indian Patent Rules). Requirements for obtaining a compulsory license Compulsory licensing under the Indian Patent Act is well codified and is in line with international agreements. The…

In the past few years, India has produced significant case law on Standard Essential Patents (‘SEPs’), with the High Court of Delhi being the venue of several high-profile disputes. An important SEP decision in India – InterDigital v Xiaomi – was released by this court in early May 2021. The case relates to litigation occurring…

Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between InterDigital and Xiaomi concerning confidentiality clubs [1]. Read part 1 of this blog. 3. Key errors in the order of the Court I. Confidentiality concerns of InterDigital and its…

Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between InterDigital and Xiaomi concerning confidentiality clubs. [1] The Court held that that Xiaomi’s employees must necessarily have access to InterDigital’s third party patent license agreements, so that Xiaomi may…

Recently the Hon’ble Delhi High Court in its judgement of CDE Asia Limited v. Jaideep Shekhar and Anr. CS (COMM) 124/2019 has interpreted and clarified the observations made by the Hon’ble Supreme Court in its judgement of Alloy’s Wobben and Anr. Vs. Yogesh Mehra and Ors. The Hon’ble Supreme Court had observed in the aforesaid…

It has been a year since the Supreme Court remanded the matter to the Delhi High Court in the case of Monsanto Technology LLC v. Nuziveedu & Ors[1]. However, the step may have proved to be retrograde. Background Monsanto Technology LLC (Monsanto) had a registered patent no. 214436 for Nucleotide Acid Sequence (NAS) containing the…

On 1st April 2016 the National Human Right Commission (NHRC) called on the Indian government to submit reports on the allegations that the Indian government had given private assurances to the US that India would adopt a stringent approach when granting compulsory licences over patented drugs. While the Ministry of Commerce & Industry in a…