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NEWSLETTER
Patent Newsletter in August
•HON’BLE MUMBAI HIGH COURT HAD PASSED INJUCTION ORDERS AGAINST INFRIGING THE PATENTED PRODUCTS/ARTICLES

• OPPOSITION AGAINST EIGHT HIV / AIDS DRUG PATENTS IN INDIA

• FEDERAL COURT OF CIRCUIT INVALIDATE PFIZER’S ’995 PATENT
HON’BLE MUMBAI HIGH COURT HAD PASSED INJUCTION ORDERS AGAINST INFRIGING THE PATENTED PRODUCTS/ARTICLES

The Suit was filed by the Mauser Werke GmbH & Co. for infringement of Patent bearing no. 179257 for “a large volume stackable barrel” and 179292 for “a barrel having a bung” and also designs bearing registration nos. 164729 and 162573 in India. The Hon’ble Bombay High Court has considered all registration certificate and granted injunctions against the opponents from manufacturing, selling or offering for sale of said drums or barrels directly or through their agents. The Hon’ble court also observed that the opponents were copying Mauser’s Patent and designs for manufacture of ’L’ Ring/ XL Ring Narrow Mouth and Open Top drums. Mauser has registered patents world wide for above mentioned inventions and Mauser apart its licensees are only allowed to manufacture these patented products in different countries worldwide. The Bombay High Court has also appointed a court receiver to seal/ confiscate infringing products/articles, modules and any other material, the predominant use of which is in infringing the patents and designs and are in possession of the opponents or their servants, agents, dealers, stockiest or any other person through or under them. The Mauser-Werke GmbH & Co. has filed several applications for their inventions and registered several inventions world wide. The so called inventions were registered in the year 1991 and 1992 respectively. The Hon’ble Bombay High Court has rightly granted the injunction in favour of the Mauser Werke GmbH & Co.

OPPOSITION AGAINST EIGHT HIV / AIDS DRUG PATENTS IN INDIA

Glaxosmithkine (GSK)- an UK based Multinational company has invented AIDS curing drug. More than 5.3 million HIV/AIDS patients in the country shall have to pay Rs.24,300/- as against Rs.900/- for a course if GSK has got their Patents Rights. Mr. David Wilson said that GSK’s Patent application would nothing to improve access to treatment. GSK has filed patent application in India and Thailand on Combivir, which is fixed dose combination of two essential AIDS drugs Zidovudine and Lamivudine. The people of Delhi network who are living with HIV/AIDS said that the combination of drugs was the first line backbone treatment for many people in India.

The Manipur network and Indian network of positive people were filed their Opposition against GSK for their ADIS drug patent application which was supported by public interest group. They had shown in their opposition in front of the Local GSK office against their patent application for Combivir. World Intellectual Property (WIPO) states in the written opinion of GSK’s international patent application to withdraw their patent application because the said patent application has disclosed the availability of essential AIDS drug.

GSK’s Invented AIDS drugs are just combination of two very well known and

FEDERAL COURT OF CIRCUIT INVALIDATE PFIZER’S ’995 PATENT
The Federal Court of Appeal in its decision invalidations Pfizer’s ’995 patent and also violated the patent statute in the manner which it drafted its patent claims. Pfizer has already got the decision against Ranbaxy for violating its patent against which appeal has been filed by Ranbaxy in the Federal court of Appeal for the Federal Circuit. The Federal court of Appeal ruled in favor of Ranbaxy Laboratories Ltd. and Ranbaxy Pharmaceuticals, Inc. as one of the two patent for Atrovastatin is a cholesterol reducing drug, marketed by Pfizer as Lipitor®. This decision of court of Appeal of Federal Circuit is of Great importance to the consumers and also to the Pharmaceutical industries by bringing more affordable and reliable generic medication to the market.