Article in this issue of IPR Amicus discusses at length process patent litigation in the pharma sector. The author notes that it will be interesting to see if courts continue to employ intermediates as the criteria or if parties are able to convince the courts of other parameters to ascertain the identical or distinguishing features between APIs.
The Calcutta High Court has set aside the order of the Civil Judge agreeing with the appellant that the suit having been filed by proprietor of the trademark who alleged that the advertisement by the appellant was disparaging, provisions of the Trade Marks Act would apply. Further, emphasizing on proper procedure, the Calcutta High Court has dismissed the suit for infringement holding that the power of attorney granted in Japan was not proved to be valid in India and the witness produced by the plaintiff did not have the power to depose on his behalf.
News Nuggets in this issue of this Amicus cover news about USA and Japan joining the Hague System on industrial designs and about introduction of Innovation Act Bill (HR 9) to amend the patent statute of US.