Technology & Law

The law follows the technology...

Topics

Patents

DISTRIBUTED INFRINGEMENT ISSUES UNDER US PATENT LAW DECIDED – LESSONS FOR INDIA?

First posted on spicyip.com on 06.06.2014 It seems that patent law decisions by the Supremes are the flavour for the month of June.  Our Supremes issued the decision in the Enercon matter and Aparajitha had posted about it here.  The US Supreme Court also issued two patent law decisions this week covering distributed infringement (Limelight Networks v. Akamai Technologies) and on indefiniteness analysis – i.e. level of support in specification for the claims (Nautilus v. BioSig).  I shall be covering the Limelight decision in this post and the Nautilus decision separately. Facts: Akamai Technologies, Inc., is the exclusive licensee of a patent that claims a method of delivering ele... Continue reading

REVISITING - PATENTABILITY OF COMPUTER PROGRAMS AND SECTION 3(K), A DIFFERENT PERSPECTIVE

OSI-Model.png 6.88 KB This post continues from my previous (academic) posts on the topic re patentability of software, and provides an academic reasoning of what constitutes software / computer programme per se. The reason why I am limiting the issue only to the term software per se is because of the recent discussions draft guidelines issued by our Patent Office on the topic, and the subsequent discussions on the same.   As we know that the term per se did not come into the act directly.  It came in on the recommendation of the Joint Parliamentary Committee (“JPC”). The JPC inserted the term to address the patentability of inventions relating to co... Continue reading

UK HIGH COURT DECISION INVOLVING PATENTABLE SUBJECT MATTER – COMPUTER PROGRAMS

First posted on spicyip.com on 15.09.2013The U.K. High Court (Chancery Division, Patents Court) in a recent decision has rejected a claim that software that enables data to be transferred from one computer on which the data is stored, to another machine connected remotely is patentable.  This decision is important as the UK patent law has language similar to the Indian patent law as relates to patentability of “computer software”, and because the decision clarifies the procedure to be used while determining a technical effect.  The discussion is divided into two parts.  This post discusses the UK decision and a subsequent post would discuss the application of this decision in the India... Continue reading

PATENT LITIGATION AND STANDARDS OF INJUNCTIONS

First posted on spicyip.com on June 14, 2011Patent law litigation is comparatively new in the High Courts and the Supreme Court of India.  When hearing patent law disputes, Judges mostly follow the usual steps for grant or denial of an injunction.  This approach of applying the usual standards for grant/denial of an injunction in patent law cases is fraught with danger.  It is dangerous because patent litigation even though a part of regular litigation, is different from other Order (O) XXXIX litigation relating to injunctions. This post proposes that barring an exceptionally few cases (discussed below), NO injunction-leave alone ex parte injunctions, should be issued in a patent litig... Continue reading

POST GRANT AMENDMENTS UNDER THE INDIAN PATENT ACT

First posted on spicyip.com on November 15, 2010In Dupont v Solvay, the Intellectual Property Appellate Board (IPAB) ruled that certain amendments to the specification as proposed by the patentee were acceptable.In this case, the Controller had made a positive recommendation (acceptable) regarding additional material, which the Board took into account while deciding the petition. Brief facts:  An application for Patent was filed on 12.11.1996 by the petitioner (DuPont) for a patent for an invention relating to a “fire extinguishing composition.” The application was granted patent No. 175594 on 9th February, 1996.  Solvay filed revocation proceedings against the patentee: In its brief b... Continue reading