Procter & Gamble Files Infringement Lawsuit on Kraft Foods

The P&G Company filed a patent lawsuit against Kraft Foods Inc., manufacturer of the Maxwell House Coffee brand.

The lawsuit, filed in the US Federal District Court for the Southern District of Ohio in Cincinnati, alleges that the new four-pound plastic container for Maxwell House coffee, now being introduced in the U.S., directly infringes key Procter & Gamble patents on Folgers Coffee.

In 2003, P&G introduced Folgers Coffee in a consumer-preferred plastic container. This innovation has grown the Folgers business for the past five years.

"We made large investments to overcome the technical challenges in making a lightweight plastic container that can withstand the pressure changes that occur between the factory and the consumer's home," said Steve Jemison, P&G chief legal officer. "Many innovations in this container are covered by P&G patents, which we believe Maxwell House has infringed. We must protect our intellectual property," he said.

The lawsuit seeks to stop Kraft Foods from selling the infringing Maxwell House Coffee package. It also seeks recovery of damages.

Source: http://www.pginvestor.com/phoenix.zhtml?c=104574&p=irol-newsArticle&ID=1200069&highlight=

Roche Erlotinib Patent suit brief

Roche is an exclusive licensee for Erlitinib hydrochloride in india and patent details are below:
Granted patent: IN196774
Grant Publication: 14/Sep/2007
Application: 537/DEL/1996
Applicant: Pfizer
Corresponding patent: US5747498 [Orange Book listed]
US expiry: 30/Mar/2015

Erlotinib was developed jointly by OSI pharma and Pfizer, later pfizer granted developmental and marketing rights to OSI pharma for royalty free. OSI started clinical development and clinical studies alliance with roche and genentech. This mail-box application of erlotinib was opposed by Natco pharma (Indian drug company) before grant and lost in the pre-grant opposition.

Cipla, indian drug company, announced lunch of generic version of erlotinib (Tarceva) even when patent is in force in india. As expected Roche file infringement suit against lunch of generic version of Erlotinib by cipla and asking injunction to stop manufacture, sale and distribution in Delhi High court.

This awaited judgement of delhi high court came on 20th March 2008, allowing Cipla to continue the manufacture of drug till a final ruling on the case. Court declined the temporary injunction against cipla in the view of public interest or as the Mint put it - 'irreversible damage to the patients' since the cost of Cipla's generic version is one-third that of Roche's patented drug.

Elabarate blog article on judgement in SpicyIP: http://spicyipindia.blogspot.com/2008/03/patents-vs-patients-ciplas-victory-and.html

After this judgment, there was a news in economic times that Natco plans to lunch of generic version.

Ref:http://genericpharmaceuticals.blogspot.com/2008/01/india-erlotinib-granted-patent.html
http://feeds.feedburner.com/~r/Patentcircle/~3/218627386/will-cipla-going-to-test-or-taste.html
http://feeds.feedburner.com/~r/Patentcircle/~3/219554860/finally-roche-filed-patent-infringement.html

Pre-Grant Oppositions in Patent Act 1970 (India)

• Pre-grand opposition is executed u/s 25 (1) before the grant of patent. Any interested person, in writing, could apply to controller of patent on basis of grounds mentioned u/s25(1).
  
• This procedure is to prevent:
  a) Wrongfully obtaining patent protection
  b) when Worngful Prior publication / priority date claimed
  c) when claimed invention already published before the priority date
  d) when claimed invention is Prior public knowledge or public use in India
  e) when it is Obvious and lack of inventive step
  f) when the invention is not patentable u/s 3
  g) when Insufficient description in complete specification
  h) when applicant failure to disclose information or furnishing false information relatingto foreign filing
  i) when the Convention application not filed within the prescribed time (12 months fromfirst filing date)
  j) when Incorrect mentioning of source/geographical origin of biological material used ininvetion
  k) when it is anticipated with regard to traditional knowledge of anycommunity , anywhere in the world
  
• Application could be filed with proper evidences and statement
  
• Controller shall only consider the any such request when the applicant make request to examine the application u/s 11B. Section 11B talks about request to examine the application,No application will be examined unless untill applicant make request within 48 months fromfiling date/priority date whichever is ealier.
• After consider this statement filed by interested person, if the controller is of opinion that the application shall be refused or the amendment in the application, a notice will besent to applicant with copy of the statement.
  
• Applicant could give reply with proper evidences, if he desires, within three months from the date of notice.
  
• The Controller shall consider the statement and evidence filed by the applicant and may either refuse the grant of patent or ask for amendment of the complete specification to his satisfaction before the grant of patent.After considering the representation and submission made during the hearing,if so requested, the Controller shall proceed further simultaneously, either rejecting the representation and granting the patent or accepting therepresentation and refusing the grant, ordinarily within one month from the completion of the above proceedings.

Ref: http://ipindia.nic.in/ipr/patent/DraftPatent_Manual_2008.pdf

Software patents in U.K

An interesting case where "Court Orders UK Patent Office to Accept Software Patent"

"The European conditions for granting a patent for computer code are much stricter than in the U.S., where computer programs and business methods can be patented."

Source: CIO (http://www.cio.com/article/199400/Court_Orders_UK_Patent_Office_to_Accept_Software_Patent)

Novartis Case

Hello readers,
This is first time and first post in blog.
Just i want to share patent case with you people, propbably Novartis case you people must be knowing. opposition filed by natco and other indian pharma companies link 1 and Link 2

I keep posting on this blog