Appellate Board for Patents in India starts functioning
The Central Government through a
notice on April 02, 2007 has set off the Patent Appellate
Board. As a transitional arrangement, appeals with regard
to patentability were taken up by the High Courts. However
after the notification all appeals pending before the High
Courts will be transferred to the Patent Appellate Board.
Following the notice the Madras High Court ordered the
transfer of the Novartis case relating to the rejection of
patent application for anti cancer drug Gleevec to the
Patent Appellate Board. The patentabilty aspect of the
application will be decided by the Appellate Board while
the issue relating to Constitutionality will be decided by
the High Court.
InfoLogix,
Inc has acquired from DDMS Holdings, LLC a patent
portfolio relating to RFID technology that manages proper
medication and delivery.
The
acquired technology will help doctors, patients and
pharmaceutical companies to track, trace and monitor drug
information down to the individual pill level throughout
the supply chain. It can track the medication as well as
sense conditions within and around the medication
container including the removal of the pill from it and
exposure to changes like heat, moisture or light. Whenever
a change appears a signal will be sent to a mobile RFID
device which will help doctors and other health employees
to monitor the administration of medication ensuring
compliance with label instruction. This technology will
not only be of help in hospitals and clinical trials but
also for self-dosing by patients.
Palomar and Alma settle Patent issue
Palomar Medical and
Alma Lasers have settled their patent infringement and trade
dress infringement suits. The parties settled after Alma
admitted that its products infringed patents exclusively
licensed to Palomar by the General Hospital Corporation.
According to the settlement deal, Alma agreed to pay Palomar
a step down royalty for infringing patents relating to laser
and lamp based hair removal systems in the following manner:
9.5% royalty and
interest - On sales from 2003 to February, 2007;
8.5% royalty - On sales
from March, 2007 t to December, 2007 and
7.5% patent royalty -
On sales from 2008.
Alma also agreed to
change the trade dress of its products. The company further
agreed to pay 1.5% trade dress fee plus interest on prior
sales of its products. Palomar agreed to pay General
Hospital Corporation, the patent holder, 40% of all payments
from Alma after deducting Palomar's legal costs and trade
dress fee.