Innography Releases Three High-Value Professional Service Offerings

AUSTIN, Texas, Jul 09, 2014 (BUSINESS WIRE) --Innography , the innovative software provider of better intellectual property answers for improved business results, today announces three brand new consulting service offerings powered by the firm’s industry-leading IP analytics platform, Innography Advanced Analysis . The innovative professional services include the IP Due Diligence Report, the License Candidate Identification analysis and the IP Maturity Model Assessment.

“Innography’s latest three packaged service offerings give patent owners unique insights into their intellectual property portfolios and opportunities,” said John F. Martin, chief executive officer and chairman of Innography. “By leveraging our best-of-breed corrected patent data and proprietary analytics, these services help clients quickly determine possibilities and risks when making important patent-related decisions.”

http://www.marketwatch.com/story/innography-releases-three-high-value-professional-service-offerings-2014-07-09

India: Patent Counter Claim And Revocation Petition Cannot Be Pursued Simultaneously: SC

• The Supreme Court in this decision has indicated its desire to avoid multiplicity of proceedings on the same issue before different forums.
• Post grant opposition of a patent initiated by any person interested, will abate the right of the same person to file a revocation petition or a counter claim of revocation of the same patent.
• The revocation petition of patent and counter claim of revocation of patent in an infringement suit cannot be availed as simultaneous remedy.

http://www.mondaq.com/india/x/324912/Patent/PATENT+COUNTER+CLAIM+AND+REVOCATION+PETITION+CANNOT+BE+PURSUED+SIMULTANEOUSLY+SC

NY firm sues Aurobindo for Alzheimer’s generic drug

New York-based Forest Laboratories has sued Indian generics firm Aurobindo Pharma for intending to make a similar version of patented drug Namenda, used to treat Alzheimer’s.

The case filed on June 27 alleges infringement of patent No. 5,061,703 titled 'Adamantane derivatives in the prevention and treatment of cerebral ischemia' which was granted by the US patent and trademark office in June 2007. While Frankfurt-based Merz pharma is the owner of the patent, the exclusive licensee is Forest Laboratories.

Aurobindo had subm­itted an abbreviated new dr­ug application (ANDA) to FDA seeking approval to make and market a generic version of the drug around mid-May. The 703 patent expires in April 2015.

Forest Laboratories has sought Delaware district court’s intervention to prevent Aurobindo selling this drug before the expiry of the patent, including exclusivities and extensions. It also wants monetary relief from the Indian company. Reports suggest that in the last quarter of 2013, Namenda had sales of $379.2 million, while Namenda XR logged $37.8 million.

The Forest website says the company plans to discontinue the sale of Namenda 5 mg and 10 mg tablets in fall 2014. “This action is not due to any safety or efficacy issue related to Namenda tablets. The oral solution of Namenda will continue to be available, along with Namenda XR (memantine HCl) extended-release capsules. This drug is for the treatment of moderate to severe dementia of the Alzheimer’s type. Namenda, a twice daily immediate release formulation, was approved in October 2003."

Source and Full News:
http://www.mydigitalfc.com/news/ny-firm-sues-aurobindo-alzheimer%E2%80%99s-generic-drug-008

Will India Be the Uber of the Pharmaceutical Industry?

http://truth-out.org/opinion/item/24670-will-india-be-the-uber-of-the-pharmaceutical-industry

Many self-styled libertarians have been celebrating the rise of Uber. Their story is that Uber is a dynamic start-up that has managed to disrupt the moribund cab industry. The company now has a market capitalization of $17 billion.

While Uber's market value probably depends mostly on its ability to evade the regulations that are imposed on its competitors, the company has succeeded in transforming the industry. At the least we are likely to see a modernized regulatory structure that doesn't saddle cabs with needless regulations and fees.

Unfortunately, the taxi industry is not the only sector of the U.S. economy that can use modernization. The pharmaceutical industry makes the taxi industry look like cutting edge social media. The government imposed barriers to entry in the pharmaceutical industry don't just raise prices by 20 or 30 percent, as may be the case with taxi fares, they raise prices by a factor or ten, twenty, or even one hundred (that would be 10,000 percent).

Pluristem Receives Patent in India for Cell Therapy Production Methods and Compositions

Pluristem Therapeutics Inc . PSTI -1.23% (tase:PLTR), a leading developer of placenta-based cell therapies, today announced it has been granted Patent No. 261087 from India's Office of the Controller General of Patents, Designs & Trade Marks for a patent titled, "Methods for Cell Expansion and Conditioned Media Produced Thereby for Therapy."

The patent, which has also been granted to Pluristem in Australia, Russia and South Africa, covers the Company's key technology platform, its method for 3-dimensional expansion of placental and adipose (fat) derived cells. It also covers the composition of cells derived using this method.

"We believe Pluristem is the global leader in the commercial-scale production of placenta-derived cells. In our manufacturing facility, we use proprietary 3-dimensional cell expansion technology that gives us the ability to precisely control cell growth based on the intended indication to be treated. Our ability to do this on a large scale is one of our key assets," stated Pluristem CEO Zami Aberman.

http://www.marketwatch.com/story/pluristem-receives-patent-in-india-for-cell-therapy-production-methods-and-compositions-2014-06-16?reflink=MW_news_stmp

RECENT TRADEMARK DISPUTES: PEPSICO

Delhi High Court recently decided a Trademark case involving the soft drink giant, Pepsico India Holdings Pvt. Ltd. (Plaintiff) involving the Trademark ‘Aquafina’ used for its bottled water products. Justice G S Sistani restrained the usage of the deceptively similar trademark ‘Aquafine’ by Aqua Mineral (India) (Defendant).

The Hon’ble court acknowledged the successful efforts of Pepsico India in establishing the trademark, trade name logo and label ‘Aquafina’ being used in respect of their product and said that the label was created for and on behalf of the Plaintiff, adding that it was an original artistic work falling within the meaning of Section 2 (c) of the Copyright Act, 1957. The court further held that the usage of a mark that was identical and/or deceptively similar to the Plaintiff’s trademark by the Defendant, in respect of packaged drinking water, was a clear cut infringement of Copyright and Trademark rights enjoyed by the Plaintiff.

India: A Glimpse Of Recent Developments In Patent Arena

The US Trade Representative 301 Report found that Indian IP regime favors the native and therefore, the chances of US downgrading India in this report was most likely.1 However, the Indian government refused to participate in US unilateral investigation while defending its IP regime. Essentially, India is compliant with its commitments under TRIPS and has used flexibilities which are available to WTO members and that is entirely within the limit and commitments made by India under TRIPS and WTO agreements. India is also gradually aligning its IP regime to the global regime. In the domain of patents, India became a contracting state to the Patent Cooperation Treaty ("PCT") on December 7, 1998 and this heralded an era of regulatory and procedural changes. Now, the Indian Patent Office ("IPO") enjoys the privileges enjoyed by the patent offices of other developed nations. The recent unprecedented decision of granting compulsory license for manufacturing patented drugs by Indian patent authorities have also evoked mixed responses and, turned the attention of other countries to the patent law developments in India.

The present bulletin will discuss the various changes carried out to the IPO by WIPO followed by the streamlining of the procedural aspects of patent registrations in view of the newly acquired status by IPO and, also, the concept and recent grant of compulsory license.

Full News:
http://www.mondaq.com/india/x/319732/Patent/A+Glimpse+Of+Recent+Developments+In+Patent+Arena

Galaxy Entertainment files for Broadway trademark in Macau

A unit of Macau gaming operator Galaxy Entertainment Group Ltd is seeking to register the trademark “Broadway” in Macau, according to the government’s Official Gazette.

Applications seen by GGRAsia show Galaxy Entertainment Licensing Ltd filed several requests to register the Broadway trademark in the city, including “Broadway Cotai”, “Broadway Resort” and “Broadway Hotel & Casino”. In 2010, Galaxy Entertainment Licensing had also filed for the “Galaxy Macau” trademark.

The company filed the trademark requests for different uses, including casino operations, hospitality, retail, entertainment and restaurants.

According to normal procedures, the trademark could become official within two months if there are no legal challenges against it.

Approached by GGRAsia, Galaxy Entertainment said it was not immediately available for comment, adding that more information “will be announced later”.

http://www.ggrasia.com/galaxy-entertainment-files-for-broadway-trademark-in-macau/

SC Clarifies Law On Patent Revocation Procedure

The Supreme Court, in a judgment dated 2nd June, 2014, clarified the procedure relating to revocation of patents. As per Section 64 of the Patents Act, a patent can be revoked by way of revocation petition before the Intellectual Property Appellate Board (IPAB) or by way of a counter claim in a suit for infringement before the High Court. The SC held that only one of the two remedies available under Sec 64 of the Act can be availed so as to assail the grant of patent in India. This alert by Khaitan & Co. summarizes the ruling and its impact.

http://thefirm.moneycontrol.com/story_page.php?autono=1101631

Suffixing 'Lite' to edible oil brand may hang heavy on Akola firm

The Bombay High Court recently restrained an Akola-based firm from marketing an edible oil brand on the grounds that the name was similar to an established product. The court said that merely adding a suffix to a popular name can't be the basis of a new trademark.

Kamani Oil Industries Private Limited had approached the HC, alleging that use of brand 'Riso-Lite' by Bhuwaneshwar Refineries Private Limited was an attempt to take advantage of their mark 'riso'.

While admitting Kamani's plea, Justice S J Kathawala observed, "I am prima facie satisfied that the defendant's mark Riso-Lite is deceptively similar to the petitioner's mark 'riso'." The judge added that suffix 'Lite' could also be misconstrued as a low-cholesterol variant of brand 'riso'.

Kamani's petition states that it has been using the 'riso' trademark for its rice bran oil since July 2011. Within a short span of time, the commodity proved to be a hit among the consumers.

The city-based firm stated that it learnt in 2013 about the defendants manufacturing and selling oil under name Riso-Lite in Akola. After a search with the trademark registry, it found that the Bhuwaneshwar Refinery had applied for registration of the trade mark.

In its defence, Bhuwaneshwar Refinery argued that Riso-Lite was a composite label, where 'riso' was one of the elements written in a particular manner. The defendant claimed that Kamani was entitled to claim infringement if the whole of the brand name were adopted.

more at http://www.dnaindia.com/mumbai/report-suffixing-lite-to-edible-oil-brand-may-hang-heavy-on-akola-firm-1990624

Crores spent on research show poor results in India

deccanchronicle reports:

Despite  the hue and cry over lack of research funding, crores of rupees are pumped into Research and Development every year with results that are nothing to write home about.

A new analysis of innovation patents filed by Indian inventors in comparison to other countries of the South Asian Association for Regional Cooperation  found that despite lesser population, lower capability and far lower R&D expenditure, strife-torn Sri Lanka had a better output than India.  

An RTI query recently revealed that while Rs 1,285 crore of funds were allocated to 14 institutions controlled by the Department of Biotechnology under the Ministry of Science and Technology, they yielded only Rs 4.7 crore of returns.

Researchers analysed patents filed at the European Patent Office, World Intellectual Property Organisation , United States Patent and Trademark Office  and respective patent offices in India, Sri Lanka and other countries over the last decade. Sri Lanka had a patent per million population ratio of 77 while that of India was 39. Worse,

India had just about one patent application per $1 million R&D expenditure while Sri Lanka had more than 9 patents per $1 million  R&D spending.

Taj Group of Hotels wins battle over trademark of its spa

The Taj Group of Hotels has won a legal battle in the Delhi High Court over trademark 'JIVA' used for spa services in its hotels across the globe.

Justice Sanjeev Sachdeva restrained businessman Ashwajeet Garg from using "deceptively similar" trademark 'ZIVA' for providing similar spa services in hotels in India. "The plaintiff (Indian Hotels Company Ltd also known as the Taj Group of Hotels) has established a prima facie case. Further, balance of convenience is in their favour as they are prior users of the said mark and irreparable injury would be caused to them if the defendant is allowed to carry on its infringing activity...."

"In the present case, it is an undisputed fact that the trademark and name used by the defendant is identical to the plaintiff's and in relation to the same goods and services, therefore, the question of delay in filing the suit, if any, does not arise," the court said.

It restrained Garg and others from "using the trademark ZIVA or JIVA or any other trademark deceptively similar to the the plaintiff's in respect of spa services and any other service similar to that of the plaintiff and the ex-parte ad-interim order granted on 15.03.2011 is confirmed".

The Taj Group claimed that in 2004 it had adopted the mark JIVA for its spa business and later 'JIVA SPA' was launched in as many as 24 places across India and abroad.

It claimed that the lawsuit, seeking to restrain Garg and others from using trademark 'ZIVA' for their spa services, was filed the moment it came to know about the infringement of the trademark in 2012.

The trademark 'ZIVA' is "phonetically and visually" deceptively similar and the court, in its interim and ex-parte order, had also restrained Garg from using it.

Pfizer isolated in campaign against Indian patent regime, say Indian pharma alliance

A grouping of top domestic drugmakers, Indian Pharma Alliance, has told the government that global pharma giant 'Pfizer Inc is getting isolated in its campaign' to push the US to 'downgrade India' to a 'priority foreign country' in a review of its intellectual property (IP) regime.

The label is the lowest classification any country can find itself in on a US made rating scale for intellectual property protection. At worst, it can trigger trade sanctions against India by the American government.

In one of their sharpest attacks on the company yet, Indian drugmakers allege in a letter to various government arms that Pfizer's insistence to downgrade India could stem from its failure to strike successful tie-ups with generic drug companies in India unlike most of its peers, its dried pipeline of new drugs, and its perceived philosophy that the US IP model is the only right one.

All major global pharma companies have either formed strategic alliances with leading domestic firms for R&D, co-marketing, joint ventures or have acquired them, the letter reviewed by ET said.

"Pfizer signed up with three domestic companies (Hyderabad based Aurobindo Pharma, Bengaluru headquartered Biocon and Ahmedabad centred Claris Pharma) but failed in all of them. It probably feels left out. Pfizer doesn't want others to succeed, where it is left out," it alleges on the $51-billion company's motive to push ahead for India's downgrade.

A Pfizer spokesperson said that strategic partnerships are key in the company's efforts to deliver medicines across globe and it is open to collaborating in India as across the world.

It further says that Pfizer's pipeline of new products has dried up. "By any means, it wants to keep the old patents alive. It has thus chosen a path of litigations as against innovations to maintain its leadership position."

Philosophically, it perceives the US intellectual property rights model to be the only right model for countries of all types irrespective of their stage of economic development, the Indian industry body reckons.

A Pfizer spokesperson disputed these assertions saying "Our pipeline comprises of over 80 innovative therapies including potentially first-in-class vaccines for two deadly hospital-acquired infections, new antibodies for lupus and high cholesterol and the next-generation of targeted therapies for cancer." It is critical that India look holistically at the challenges of public health and prevention and not sacrifice the investment of innovators, she added.

Citing the instance of large US firms like GE, Honeywell Inc, Boeing, the letter by Indian drugmakers claims that not only a large number of American corporations have opposed downgrade of India, even many pharma firms have adopted a more 'conciliatory position'.

Read more at:
http://economictimes.indiatimes.com/articleshow/34393350.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

India: Delhi High Court’s Decision On Teva Pharmaceutical’s Plaint Against Natco

The Delhi High Court in its recent judgment1 has returned Teva Pharmaceutical's (the Plaintiffs) plea against NATCO (the Defendant) seeking permanent injunction for restraining NATCO from manufacturing Glatiramer Acetate product (Copaxone) for sale in the US. The main reason for the return of plaint as stated in the decision is that the pleadings relating to the product copaxone being sold in Delhi or elsewhere, or the possibility of copaxone being launched in Delhi or elsewhere do not fall into the ambit of the jurisdiction of Delhi High Court. Copaxone (Glatiramer Acetate or Copolymer 1) is used in the treatment of multiple sclerosis.

TEVA'S TUSSLE OVER NATCO and MYLAN COLLABORATION AND THE 2012 SUIT

In an article published in 'Business Line' on 17th January, 2012 it was reported that NATCO collaborated with US based Mylan Pharmaceuticals Inc. ('Mylan') to launch glatiramer acetate in India for the treatment of multiple sclerosis2 . The Plaintiffs further cited the annual report (2010-2011) published by NATCO, and reinstated that NATCO and Mylan signed an agreement relating to the development and marketing of glatiramer acetate in the US which thereby amounts to clear infringement of the Indian Patent.No.190759 and hence sought permanent injunction restraining NATCO from manufacturing Glatiramer Acetate product in India for sale in the US vide CS (OS) No. 3193 of 2012.

As seen here.

Sabinsa, Sami Labs Acquire Two Patents in India

JAMMU, India—Sami Labs, sister company of Sabinsa, has entered into a tripartite agreement with the Indian Institute of Integrative Medicine (IIIM) and the Indian Council of Medical Research (ICMR) that allowed Sami and Sabinsa to acquire two Indian patents pertaining to pterocarpus marsupium, an existing ingredient in the Sabinsa global product portfolio.

 The agreement was signed at IIIM by Ram A. Vishwakarma, Ph.D., director, IIIM; Sadhana Srivastava, Ph.D., scientist, ICMR; and Muhammed Majeed, Ph.D., founder and managing director, Sami Labs Limited. R. K. Raina, Ph.D., consultant to IIIM; Sarang Bani, Ph.D., director, biological science at Sami Labs; and Abdul Rahim, head of PME, were also present.

IIIM, based in Jammu, is one of the oldest institutions of the Council of Scientific and Industrial Research (CSIR), and was established in 1957. It is dedicated to advanced research on the isolation and standardization of drugs from natural products useful against various diseases. ICMR has led research on the isolation of novel compounds from pterocarpus marsupium for blood sugar management and two novel compunds were isolated, which showed significant activity in that area.

The two Indian patents for Sami/Sabinsa are: “A process for isolation of novel compound 2,6-dihydroxy-2-(P-hydroxybenzyl)-3(2H)-benzofuranone-7-C-ß-D-glucopyranoside from pterocarpus marsupium" under Patent No. 192163 “A process for extraction of antidiabetic formulation mainly containing flavonoid glycosides" under Patent No. 194292