BL - IP Convergence

Seminar on Intellectual property and Business Advantage- 24th Sep 2008

Issue: Sep 2008

PRESS ROOM

Gilead’s patent application on HIV drug rejected in Brazil

Gilead Sciences had applied for a patent in Brazil for its Viread medication, which is known to be is a cornerstone drug for AIDS, and the same has been recommended by World Health Organization (WHO). However, the Brazilian patent office has rejected the patent application filed by Gilead as a result of a pre-grant opposition. The rejection of the patent application is believed to provide wider access to this vital drug, as companies in India can make a WHO-approved version for $158 for one patient’s yearly treatment as compared to the $1,387 charged by Gilead in Brazil.

Responding to the rejection, Gilead’s spokesperson has said that this rejection is not the final step, and it is part of the examination procedure. It was further stated that Gilead has been granted patent for its drug in China and United States, among other countries.

AP settles online copyright lawsuit with Moreover Technologies

A copyright infringement case was filed by AP, a not for profit news cooperative, in the U.S. District court in New York in October against Moreover Technologies Inc. and its parent company, VeriSign Inc. for improper usage of its copyrighted headlines, stories and photos. The defendant company used to aggregate and redistribute the news online. The defendants relied on the ‘fair use’ provisions of the copyright law which provides exception to copyright infringement when the copyrighted material is quoted for commentary, news reporting, etc., without taking permission from the copyright owner. However, direct reproduction of the copyrighted work is still prohibited. A settlement was finally reached between the parties. However, the terms of the settlement were not disclosed.

Parley and 1st Technology settle patent dispute

A patent infringement suit was filed by 1st Technology against Parlay Entertainment Incorporated, a Canadian based online and television bingo software solutions provider, for infringing technology which provided enhanced interactivity and optimized delivery of high quality multimedia information over various bandwidth networks. According to Parley, a settlement was tried to be negotiated to avoid unnecessary cost of patent litigation. A stipulation and Order of Dismissal was filed with the Unlisted States District Court, District of Nevada and the settlement was finally reached between the parties, which pertained to all direct and indirect licensing done by Parley till the date of the settlement. The terms were of the settlement were however kept confidential.

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