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SpicyIP Weekly Review (February 17 – February 23)

SpicyIP

A quick glance at last week – Madras HC accepts a US District Court’s Letter Rogatory to furnish confidential information, a look at Functional Fallacies in Thomson Reuters vs Ross Intelligence and many more. We also have the initiation of our attempt to bring IP conversations to wider audiences through multilingual writing!

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SpicyIP Weekly Review (February 17 – February 23)

SpicyIP

Softgel: The Errors of Comity The Madras High Court accepted a Letter Rogatory from The US District Court in Delaware directing India-based Softgel Healthcare to furnish confidential information to the US Court. The defendants argued that the plaintiffs were engaging in a fishing and roving inquiry into confidential business information.

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Defending Design Patents

Patently-O

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? GrayLeCozDuan ). estoppel.pdf ). AIAAmbiguities ).

Art 126
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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. Who’s Suing Us? GrayLeCozDuan ). estoppel.pdf ). AIAAmbiguities ).

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A Look Back at India’s Top IP Developments of 2023

SpicyIP

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. The case was discussed on the blog here.

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The Role of Intellectual Property Rights in India’s Startup Ecosystem: A Pathway to Innovation and Growth.

IIPRD

Also, the Government has recently made an Amendment to the Patent Rule i.e. Indian Patent (Amendment) Rules, 2024 which aims to rationalize the patent application process and reduce the burden of the compilation and accelerate actions. Trademarks and Registered Trademarks, Control of Corp Diseases, 2012.