IPR NEWS – WEEKLY UPDATES FROM 25th SEP – 1st OCT
MYLAN PHARMACEUTICALS INC V. MERCK SHARP & DOHME CORP
An U.S. appeals court ruled that a patent held by Merck Sharp & Dohme Corp. for its diabetes medications Januvia and Janumet is valid, rejecting a challenge to the patent made by generic manufacturer Mylan Pharmaceuticals Inc. The Court did not agree with Viatris Inc.’s Mylan’s argument that the invention was invalid because to an earlier patent and other publications. On September 29, the Federal Circuit concurred with the board that the patent was valid. It denied Mylan’s claims that the earlier works Mylan identified would have rendered Merck’s patent apparent.
LIVE LAW MEDIA PVT LTD v. M/S TIYA LAW LIBRARY & ORS
In order to prevent the violation of its trademark and domain name, Live Law filed a lawsuit with the Delhi High Court. According to the allegations in the lawsuit, the defendants Tiya Law Library and Sanjeev Kumar Sharma had established one website called “www.livelaw.info” and had been utilising different e-mail addresses that contained the word “livelaw.” The court took notice of the defendants’ use of privacy guard measures and attempt to hide their actual information while registering the domain name. The Court set the subject for further hearing on December 15 with the instruction that compliance with the order be completed within a week. In the meantime, the court sent summonses to the defendants in Live Law’s lawsuit and ordered them to provide written statements within 30 days.
PULIMOOTTIL SILKS Vs RADHAKRISHNAN PUTHEN VEEDU NARAYANAN
A wide network of textile stores called Pulimoottil Silks has been in business in Kerala for about a century. They filed a lawsuit in 2021 before the Thrissur District Court against a store that would open in Thiruvananthapuram under the name “Pulimoottil Textiles,” citing trademark infringement and passing off. After hearing arguments from both sides, the District Court granted the injunction requested in a well-reasoned judgment. Appealing in the High Court of Kerala, the Defendant contested the District Court’s order awarding the injunction. The injunction order was overturned by the High Court, which also ordered the District Court to decide the case within eight months of the next posting date. After hearing from the attorneys for both sides, the Supreme Court bench of Justice Surya Kant and Justice J.B. Pardiwala on September 19 stayed the High Court’s decision and reinstated the District Court’s injunction order prohibiting the defendants from using the name “Pulimoottil” or any misleadingly similar name in connection with their textile business.
INTERNATIONAL PATENT FILED BY BIOVAXYS FOR SARS1 VACCINE
BioVaxys Technology Corp. (CSE:BIOV, OTCQB:BVAXF) reported that by submitting a global patent application through the Patent Cooperation Treaty (PCT) for BVX-1021, its vaccine for SARS1 and other sarbecoviruses, it has expanded the patent coverage for its viral vaccine platform. The measure further extends the value of its intellectual property (IP) portfolio, the business said. The company’s innovative strategy for a universal vaccination that can treat a wide spectrum of sarbecoviruses, BVX-1021, is the focus of an ongoing research partnership between Ohio State University and BioVaxys. SARS-CoV-1, SARS-CoV-2, and a large number of additional potentially hazardous zoonotic viruses are all members of this viral family.
A NEW PATENTED TECHNOLOGY THAT STEPS INTO MEDICAL FIELD INVENTED BY HEARTBEAM
HeartBeam, Inc., a company that specialises in cardiac technology and has created the first and only 3D-vector ECG platform for heart attack detection anytime, anywhere. On September 28, it announced that the USPTO has approved its patent for the HeartBeam AIMIGoTM credit card-sized device that allows for the generation of a synthesised 12-lead ECG. The advancement makes it possible for a patient to use HeartBeam AIMIGo to capture a set of signals outside of a medical facility, with an immediate 12-lead ECG transmission to a doctor for review and diagnosis. The HeartBeam technology is designed to assist a doctor in promptly and accurately identifying a heart attack (myocardial infarction). This is in contrast to single-lead ECG products that are already available on the market, such as various credit card-sized gadgets or smartwatches.
COPYRIGHT SUIT SETTLED BY NETFLIX
In July, Netflix filed a lawsuit alleging that a commercial performance at the Kennedy Center in Washington, D.C. had violated its copyright. The article called Bear and Barlow’s performance “blatant infringement of intellectual property rights” and stated they did so in an effort to “create an international name for themselves” despite receiving numerous warnings that it was not permitted. Upon their initial release, Netflix gave the duo’s songs high marks. Its tone altered when Barlow and Bear won the Grammy for best musical theatre record in April, launching a successful live performance and retail business. The two allegedly turned down a licence contract with Netflix, according to the lawsuit which was filed by Netflix by late September.
TRILLER INC V. BYTEDANCE LTD & BYTEDANCE LTD V. TRILLER INC.
When Triller sued Tiktok and its parent company ByteDance Ltd in 2020 stating that Green Screen video feature infringed its patent by allowing users to synchronize multiple video takes with a single audio track. Later in 2020, TikTok filed its own case in Northern California against Triller, alleging that it had violated three patents covering the downloading and use of digital music. Both businesses denied that their technology infringed on the rights of their rivals in court documents and asked for specific monetary penalties as well as court orders to stop the claimed infringement. The proceedings had been put on hold while the corporations’ challenges to the patents’ legality were being heard by the USPTO. Triller has appealed the Patent Trial and Appeal Board’s finding that some of its patent is invalid. The board on September 30 examined the two TikTok patents while rejecting to review one.
LULULEMON ATHELTICA CANADA INC VS PELOTON INTERACTIVE INC.
The case brought by Lululemon Athletica Canada Inc. accusing Peloton Interactive Inc. of violating its patents has been resolved on September 29. The businesses have reached a “mutually agreed resolution” of the trademark issue, according to a notice of voluntary dismissal filed in a California court today. The agreement was reached one day after a New York judge rejected a case Peloton had filed in anticipation of a trademark complaint from Lululemon. Last November, the Vancouver-based manufacturer of athletic apparel sent Peloton a cease-and-desist letter, claiming the manufacturer of exercise equipment had plagiarised several of its product designs. In retaliation, Peloton filed a lawsuit of its own against Lululemon, requesting that the court rule in advance that Peloton had not violated Lululemon’s patents.
ATOMBERG TECHNOLOGIES PRIVATE LIMITED V. POLYCAB INDIA LIMITED
The Bombay High Court has prolonged the restraining order against listed electrical business Polycab India, preventing it from selling or promoting certain ceiling fans, which is a significant comfort to D2C cleantech startup Atomberg. Atomberg received the ad-interim relief for the first time on September 14 when Justice RI Chagla of the Bombay High Court noted that Polycab had a “substantially identical” visual design to one of Atomberg’s ceiling fans. The court offered the D2C company an ad-interim reprieve and scheduled the subsequent hearing for September 26. However, the Bombay High Court postponed the hearing until November 21 “on account of limitation of time” and continued to grant Atomberg with ad-interim relief until that date.
GLOBAL INNOVATION INDEX: INDIA RANKS 40TH
The economies with the highest levels of innovation are represented by the Global Innovative Index. The ranking of a country is based on several indicators such as its success and ability for innovation. This ranking is based on a variety of subjective and objective data points. India has climbed to position 40 on the World Intellectual Property Organization’s Global Innovation Index which was released on September 29. A huge increase of 41 places in 7 years is significant. India was 81st in 2015 and will be 40th in 2022. India has consistently held the top spot in exports of ICT services throughout the years. India was ranked 45th in the GII rating when it was last conducted. Although the nation has come a long way, there are still many more heights to reach.
FARIA AOUAD AND ORS VS UNILEVER NIGERIA PLC AND ORS.
Miss Faria Aouad, a toddler, has sued Unilever Nigeria Plc and two other parties for allegedly using her photo and changing her name in the company’s promotional competition. The lawsuit seeks N200 million in damages for invasion of privacy and copyright. Miss Aouad claimed that on September 29, 2017, her mother, the second plaintiff, posted a photo of her on her Instagram account. The defendants accused of stealing that photo and utilized it for commercial and advertising purposes. The aforementioned image was submitted to the Unilever “Pears Best Dressed” or “#PearsBestDressed” Independence Day promotion contest on Facebook, Instagram, and Twitter between September 30, 2017, and October 2, 2017. The last suit opened again on September 29th which the court postponed the hearing date again on February 2023.
NIRMA LIMITED V. PURNIMA GUPTA & ANR.
In the case of Nirma Limited v. Purnima Gupta & Anr, C.O, the Delhi High Court on September 28 ruled that unfair competition would result from a proprietor’s unauthorised use of a well-known trademark by someone who is not the true owner of the trademark in question in order to profit from the trademark’s goodwill. The Bench noted that because the mark “NIRMA” of the petitioner is listed at Items Nos. 33 and 34 of the “List of Well-Known Trade Marks” kept by the learned Registrar of Trade Marks, it has also been determined to be a “well-known trademark” under Section 2(1)(zg) of the Act. Furthermore, the petitioner previously adopted and used the marks “NIMA” and “NIRMA” as compared to respondent.