🔴 Lead Story
Delhi HC Sets Aside Rejection Of VIB’s Oral Protein Delivery Patent Application: Refusal Orders Must Address Applicant’s Submissions
VIB VZW & Anr. v. The Controller of Patents and Designs · Delhi HC
The Delhi High Court set aside the Patent Office’s refusal of VIB VZW’s patent application relating to oral delivery of therapeutic proteins, holding that the Controller failed to adequately consider the applicant’s responses to the First Examination Report (FER) and post-hearing submissions. The Court found the refusal order unreasoned and unsustainable.
The Court observed that the impugned order did not meaningfully engage with the applicant’s explanations, amendments, and submissions on patentability. It also noted errors in the findings concerning disclosure of the source and geographical origin of biological material, despite the applicant having provided relevant details on record.
The decision reiterates that patent refusal orders must reflect application of mind and address the applicant’s submissions with clear reasoning. The matter was remanded to the Patent Office for fresh consideration.
📡 Radar India
Delhi HC Revives Patent Bid For Marijuana Detection Breathalyser
University of North Texas & Anr. v. Assistant Controller of Patents and Designs · Delhi HC
The Delhi High Court set aside the Patent Office’s refusal of a patent application filed by the University of North Texas for a breathalyser technology capable of detecting cannabinoids from breath samples. The court held that the refusal order was cryptic and failed to properly assess inventive step or apply the settled obviousness test, while also finding inadequate analysis of the diagnostic method objection raised under the Patents Act.
VIB Patent Refusal Set Aside For Failure To Consider Applicant’s Submissions
VIB VZW & Anr. v. The Controller of Patents and Designs · Delhi HC
The Delhi High Court set aside the Patent Office’s refusal of VIB VZW’s patent application relating to oral delivery of therapeutic proteins, holding that the Controller failed to adequately consider the applicant’s responses to the First Examination Report and post-hearing submissions. The court found the refusal order unreasoned and unsustainable, while also noting errors in the findings concerning disclosure of the source and geographical origin of biological material. The matter was remanded for fresh consideration.
Google Restrained From Using HINDWARE As Advertising Keyword
Hindware Ltd. v. Grohe India Pvt Ltd & Ors. · Delhi HC
The Delhi High Court permanently restrained Google LLC and Google India from using the registered trademark HINDWARE and related combinations as advertising keywords on its platform. Holding that Google played an active role in suggesting, auctioning and monetising trademarked keywords, the court ruled that invisible keyword use to divert internet traffic amounted to trademark infringement and awarded ₹30 lakh in nominal damages to Hindware.
Vajiram & Ravi Denied Interim Relief In Coaching Institute Trademark Dispute
M/S Vajiram and Ravi ISA Study Centre LLP v. M/S Vajirao and Reddy Institute Pvt Ltd · Delhi HC
The Delhi High Court refused interim relief to coaching institute Vajiram & Ravi in its trademark dispute against Vajirao & Reddy, holding that the rival composite marks were sufficiently distinct and unlikely to confuse civil services aspirants. The court also criticised the plaintiff for delaying trial proceedings and observed that parties frequently pursue trademark litigation only for interim injunctions while neglecting adjudication of the main suit.
Bombay HC Restrains Use Of Kranti Kamat Mark
Kamats Worldwide Food Services Pvt Ltd v. Musa Bhai Nadaf · Bombay HC
The Bombay High Court granted an ex parte ad interim injunction restraining a restaurant operator from using the mark Kranti Kamat or any other mark containing Kamat in a trademark infringement suit filed by Kamats Worldwide. The court held that the plaintiff had established a prima facie case and observed that use of the impugned mark could create consumer confusion and falsely suggest an association with the registered KAMATS trademark.
Ching’s Secret Secures Injunction Against Schezwan Dipping Chutney Mark
Capital Foods Private Limited v. Kishan Rameshbhai Kaswala Trading As K3 Masala · Delhi HC
The Delhi High Court granted an ex parte interim injunction restraining use of the marks Schezwan Chutney and Schezwan Dipping Chutney in a suit filed by Capital Foods. The court held that the addition of the word “dipping” did not sufficiently distinguish the rival marks and observed that the defendant appeared to be riding the coattails of the plaintiff’s goodwill through what it described as smart copying.
Dabur Loses Appeal In Emami Trade Dress Dispute
Dabur v. Emami · Delhi HC
The Delhi High Court dismissed Dabur’s appeal against an interim order restraining sale of its Cool King Thanda Tael product in packaging alleged to resemble Emami’s Navratna Ayurvedic Oil. Upholding the findings of the single judge, the court observed that Dabur’s packaging appeared to deliberately imitate the distinctive trade dress associated with Emami’s product, which has been in continuous use since 1989.
Meta Questions Posthumous Personality Rights In Babji Dispute
Shree Swaminarayan Sarvopari Siddhant Digvijay Trust v. Sukhmay Karan Satsang Foundation & Ors. · Delhi HC
Meta questioned before the Delhi High Court whether personality rights can survive after death during proceedings involving alleged misuse of the likeness of Sadguru Shri Devnandandasji Swami, popularly known as Babji. The plaintiff trust alleged that a breakaway faction falsely projected Babji as founder of its organisation and unlawfully used his image and identity, while the court orally remarked that the dispute appeared to be more of a factional conflict than a spiritual matter.
Ilaiyaraaja’s Review Plea Rejected In En Iniya Pon Nilave Copyright Dispute
Ilaiyaraaja v. Saregama India Limited · Delhi HC
The Delhi High Court dismissed composer Ilaiyaraaja’s review petition challenging its earlier ruling recognising Saregama’s copyright in the sound recording of En Iniya Pon Nilave from the film Moodu Pani. The court held that ownership of the musical work did not extend to licensing rights in the sound recording and ruled that issues concerning adaptation and recreation could not be reopened in review proceedings.
Delhi HC Orders Takedown Of Allegedly Morphed Religious Endorsement Video
Sadhvi Deepika Bharti & Anr. v. Satlok Ashram Foundation & Ors. · Delhi HC
The Delhi High Court directed YouTube to remove a video allegedly using morphed clips of preacher Sadhvi Deepika Bharti’s religious discourse to falsely portray her as endorsing Sant Rampal Singh and Satlok Ashram. The court held that a prima facie case had been established, directed disclosure of uploader details, and observed that continued circulation of the content could cause irreparable harm to the plaintiffs’ reputation and rights.
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Brazil Approves First Generic Semaglutide Pen After Ozempic Patent Expiry
EMS Ozivy Semaglutide Approval · Brazil Anvisa
Brazil’s health regulator Anvisa approved EMS’s Ozivy, the country’s first semaglutide-based injector pen, following the expiry of Novo Nordisk’s Ozempic patent in Brazil earlier this year. The approval marks a significant milestone in the entry of generic semaglutide products into the Brazilian market, with multiple competing applications remaining under regulatory review.
Apogee Secures Up To $1.3 Billion To Advance Eczema Drug
Apogee Therapeutics Inc. & Blackstone Life Sciences
Apogee Therapeutics announced positive mid-stage trial results for its experimental eczema drug zumilokibart and secured a financing package worth up to $1.3 billion from Blackstone Life Sciences. The drug met all primary and secondary endpoints in patients with moderate-to-severe atopic dermatitis, while the financing is expected to support late-stage development and commercialisation efforts.
Jazwares Must Face Trademark Suit Over HugMees Plush Toys
Kidrobot v. Jazwares LLC · US District Court, New Jersey
A US federal court refused to dismiss a trademark infringement suit accusing Jazwares, the maker of Squishmallows, of infringing Kidrobot’s HUGME mark through its HugMees plush toy line. The court held that the dispute involved contested factual questions regarding likelihood of confusion and rejected arguments that the HUGME mark was generic.
MiniMax Fails To Dismiss Disney-Led AI Copyright Suit
Disney Enterprises Inc. v. MiniMax · US District Court, Central District of California
A California federal court refused to dismiss a copyright infringement suit filed by Disney, Universal and Warner Bros Discovery against Chinese AI company MiniMax over its Hailuo image and video generation system. The court held that the studios had plausibly alleged copyright infringement and found sufficient grounds to exercise jurisdiction over the dispute.
Italy Dismantles €300 Million Streaming Piracy Network
Italy Financial Police Streaming Piracy Crackdown
Italian financial police dismantled a large-scale streaming piracy operation allegedly responsible for nearly €300 million in losses to rights holders including Netflix, Disney+, Spotify, Sky and DAZN. Authorities stated that the network used an application known as CINEMAGOAL to illegally decrypt and retransmit streaming content, while coordinated raids across Italy, France and Germany resulted in server seizures and identification of more than 1,000 suspected users.
Federal Circuit Overturns $59 Million Trade Secret Verdict Against EOFlow
Insulet Corp. v. EOFlow Co. Ltd. · US Court of Appeals for the Federal Circuit
The US Court of Appeals for the Federal Circuit overturned a $59 million trade secret verdict awarded to Insulet against Korean medical device manufacturer EOFlow. The court held that Insulet’s claims were barred by the applicable statute of limitations, finding that the company should have discovered the alleged trade secret misappropriation several years before filing suit.
