Copyright: A Presentation at NALSAR Hyderabad - Dr. Kalyan C Kankanala
Presentation on Patent Infringement by Dr. Kalyan C. Kankanala, Brain League IP Services now...
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Transcript of Presentation on Patent Infringement by Dr. Kalyan C. Kankanala, Brain League IP Services now...
Patent Infringement
ByDr. Kalyan C. KankanalaBrain League IP Services Now BananaIP
© 2009 Brain League IP Services Pvt. Ltd Now BananaIP
Patent Rights
• Territory• Product Patent - Make, Use,
Sell, Offer for Sale and Import.• Process patent - Use
Infringement
• Types – Direct
•Literal•Equivalent
– Indirect
Direct Infringement
• Claim Construction• Comparison• Claim by claim - element by
element
Claim Construction• Claim
• Preamble • Transition• Body• What I claim is a cricket bat comprising an
elongated circular wooden handle connected to an elongated wooden blade along the longitudinal axes of said blade and handle to form a continuous elongated implement.
Claim Elements
• Elongated circular wooden handle
• elongated wooden blade • handle to blade connection -
longitudinal axis of blade
Is this product infringing?
• A cricket bat having a octogonal shaped handle to provide grip to the batsman. The handle has a conical end, which is hollow and which sits into a long flat piece of wood.
• What I claim is a cricket bat comprising an elongated circular wooden handle connected to an elongated wooden blade along the longitudinal axes of said blade and handle to form a continuous elongated implement.
Doctrine of Equivalence
• Equivalents of a claim– Function– Way– Result
• Prosecution History Estoppel
Indirect Infringement
• Contributory Infringement• Inducement to infringe
Lalabhai v. Chimanlal
• Process of treating dry fruits• Comparison • Sulphuric Acid - Washing Soda• muriatic acid - Acetic acid• Sulphur dioxide fumes under
pressure - Sulphur dioxide fumes without pressure
Raj Prakash V. Mangat Ram
• Process - Printing picture films for use in film strip viewer
• Respondents - Film Viewers - Pictures and films of different dimensions
• Held liable - Substantially Equivalent
NTP v. RIM
• Black Berry Technology• RIM held liable for
infringement• Damages – 612 million dollars
L.B. Plastics V. Amerimax• Claim:
• 1) A composite gutter guard ... comprising:
• (a) an elongate polymer guard panel ...
• (b) a polymer-coated mesh layer overlying said guard panel ... and (c) a continuous heat weld defining an uninterrupted longitudinal weld line connecting said mesh layer to said guard panel ...
Product• The product has a frame and a
mesh connected to the frame with the help of a hot glue. The mesh is welded at various points and a hot glue is poured in the gaps. The hot glue solidifies and the mesh attaches to the frame continuously.
Defenses
• Patent Invalid– Subject Matter– Utility– Novelty– Non-obviousness– Specification
Defenses
• Government Use– By or For
• Research Exemptions– Experiment– FDA Approval
• Parallel Imports
Equitable Defenses
• Patent Misuse• Inequitable Conduct• Laches
Example• Vini gets a patent on a drug for AIDS and
a method for making the kit in USA, India and Bangladesh. Dizer comes up with an alternative cost-effective, process for making the drug and acquires a patent on the same in USA, India and Bangladesh. Dizer manufactures and sells the drug in India and Bangladesh.
• Is Dizer liable for patent infringement?
Example• Anil files for a patent over a twin spark
plug used on motor cycles before the Indian patent office. In the application, Anil forgets to disclose his foreign application in USA and the name of his co-inventor, Raju. Zenta makes bikes having the spark plug. Anil sues Zenta for patent infringement.
• Is Zenta liable?
Example• The defence department
manufactures night vision devices for use by the army without permission of the patent holder. The patent holder sues the defence for patent infringement.
• Is the defence department liable?
Example• X, a professor at IISc, uses a
patented robot in the laboratory for understanding its functioning under controlled conditions. X develops an improved robot based on his findings and files for a patent. The patent holder sues X.
• Is X liable?
Example
• X purchases patented pens from an authorized dealer in USA and imports such pens to India.
• Would X’s sale of pens in India amount to patent infringement?
Example• Mr. Guav Kumar holds a patent
over a cell phone in USA and India. Guav authorizes Sprint in USA to sell his patented cell phone. Rollonce purchases the cell phones from Sprint and sells them in India.
• Is Rollonce liable?
•Patent Revocation
Revocation
• Any person• Central Government• High Court
Grounds• Patentability Requirements• Not entitled or Wrongfully
obtained• Fraud or False representation• Contravention of secrecy
directions• Source of origin of biological
materials …
Other modes of Revocation
• Revocation for Government Use• Revocation of patents relating
to atomic energy• Revocation based on public
interest• Revocation for non-working• Revocation on surrender
Compulsory Licensing• Non-working• Reasonable requirements of
the public• Not available at reasonably
affordable prices
• National Emergency or Extreme Urgency
•Thank you
© 2009 Brain League IP Services Pvt. Ltd Now BananaIP