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Litigation Watch

Hewlett-Packard (HP) has filed a patent infringement lawsuit against EMC. Through this lawsuit HP has targeted seven separate features in EMC’s Symmetrix, Clariion and TimeFinder products. HP is seeking monetary damages for infringement as well as an injunction prohibiting EMC from selling the specific named products.

The AIDS Access Foundation and two individuals living with HIV-AIDs are trying to force pharmaceutical giant Bristol–Myers Squibb Co to withdraw the patent on one of its anti-AIDS drug after a landmark court decision against the firm. Thailand’s Intellectual Property Court had ruled that Bristol-Myers only has the exclusive right to produce the drug didanosine in certain doses, enabling other parties to make it in different quantities.

US District Court in New Jersey has ruled against Dr Reddy’s Laboratories and other generic drug makers in a patent infringement case over the antibiotic Cipro. Several drugmakers, led by Schien Pharmaceutical Inc, Myland Laboratories and Dr Reddy’s US subsidiary, Reddy Cheminor Inc, had challenged the validity of Bayer’s patent on Cipro expiring in December 2003. Due to this ruling, Dr Reddy’s Laboratories would be unable to launch its antibiotic drug ciprofloxacin until December 9, 2003.
(Ahuja's Patent & Trademark News, Vol 5 No. 2)

An inventor, Shuji Nakamura while working in a company called Nichia Corporation had invented blue LEDs and obtained patents for them. Because of this invention the sales of Nichia quadrupled. The inventor then filed suit against the company for his share. However, the Tokyo District Court ruled in favour of Nichia as the invention had been done while the inventor was an employee of the company. Mr Nakamura was awarded a bonus of just 20,000 yen although he was expecting larger gains as his invention had raised the profit levels of the company to a large extent.

The Delhi high Court has restrained Aggarwal Dresses and other small companies in the Gandhinagar area of Delhi from selling goods with the ‘Nike’ mark. Nike had alleged that the defendants were not only infringing their trademark and copyright, they were also trying to pass off their goods as those of Nike International.

In a copyright infringement lawsuit between Microsoft and Able System Development (a computer retailer), the judge has ordered the latter to pay Microsoft the equivalent of $ 4.5 million in damages for the retailer’s unlicensed use of the company’s products. Able System Development, a licensed Microsoft retailer, had illegally preloaded unlicensed copies of the Office and Windows programs onto computers it sold between 1996 and 1998.


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