Patent Infringement Analysis 2014

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Patent Infringement Analysis is an important part of the patent maintenance phase and vital for good business practice.

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Patent Infringement Analysis 2014

  1. 1. Dr. Kalyan Kankanala BananaIP, Formerly Brain League kalyan@bananaip.com www.bananaip.com Blog: www.bananaip.com/sinapse-blog INFRINGEMENT ANALYSIS © BANANAIP, 2014 NLSIU Lecture Series
  2. 2. PATENT RIGHTS • Territory • Product Patent - Make, Use, Sell, Offer for Sale and Import. • Process Patent - Use © BANANAIP, 2014 NLSIU Lecture Series
  3. 3. INFRINGEMENT • Types • Direct • Literal • Equivalent • Indirect © BANANAIP, 2014 NLSIU Lecture Series
  4. 4. DIRECT INFRINGEMENT • Claim Construction • Comparison • Claim by claim - element by element © BANANAIP, 2014 NLSIU Lecture Series
  5. 5. CLAIM CONSTRUCTION Claim •Preamble •Transition •Body •I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings. © BANANAIP, 2014 NLSIU Lecture Series
  6. 6. CLAIM CONSTRUCTION • Preamble - I claim a 'ceiling Fan' • Transition - comprising of • Body - base connected to a solid rod, which in turn is connected to a rotor with three wings. © BANANAIP, 2014 NLSIU Lecture Series
  7. 7. CLAIM ELEMENTS • Base • Solid rod • Rotor • 3 Wings © BANANAIP, 2014 NLSIU Lecture Series
  8. 8. IS THIS PRODUCT INFRINGING? • A ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings. • I claim a 'ceiling Fan' comprising of a base connected to a solid rod, which inturn is connected to a rotor with three wings. © BANANAIP, 2014 NLSIU Lecture Series
  9. 9. DOCTRINE OF EQUIVALENCE • Equivalents of a claim • In substance equivalent • Function-Way-Result Test • Prosecution History Estoppel • Obviousness Test – Material Effect – Part of prior art © BANANAIP, 2014 NLSIU Lecture Series
  10. 10. LALABHAI V. CHIMANLAL • Process of treating dry fruits • Comparison • Sulphuric Acid - Washing Soda • muriatic acid - Acetic acid • Sulphur dioxide fumes under pressure - Sulphur dioxide fumes without pressure © BANANAIP, 2014 NLSIU Lecture Series
  11. 11. RAJ PRAKASH V. MANGAT RAM • Process - Printing picture films for use in film strip viewer • Respondents - Film Viewers - Pictures and films of different dimensions • Held liable - Substantially Equivalent © BANANAIP, 2014 NLSIU Lecture Series
  12. 12. INDIRECT INFRINGEMENT • Contributory Infringement • Inducement to infringe © BANANAIP, 2014 NLSIU Lecture Series
  13. 13. DEFENSES • Government use • Research Exemptions • Experiments or education • FDA approval • Other Defenses © BANANAIP, 2014 NLSIU Lecture Series
  14. 14. EXAMPLE • Flav sells fruits with flavours induced into them. Sells fruits like grapes, apples and so on with orange, mango and any other flavour induced into them. Flav's process is as follows: • Frozen fruits are sorted, sliced and de-frosted; • Water and/or acid treatment is given to the fruits to remove their natural flavour by removing sugars, acids and other water soluble ingredients; • Fruits are then immersed in sugar syrup and other flavoured liquids for about three hours; and • Air is blown on the fruits with force to dry them. • Flav wishes to avoid patent risks in India. What should it do? © BANANAIP, 2014 NLSIU Lecture Series
  15. 15. EXAMPLE • Claim A process for preparing a flavored dried fruit product said process comprising: (a) treating a dried fruit with an acidulant being selected from the group consisting of tartaric acid, malic acid, citric acid, ascorbic acid, phosphoric acid, and fumaric acid, in an amount and for a period of time which is sufficient to substantially remove the natural flavor of the dried fruit; (b) dehydrating the treated dried fruit to obtain a desired moisture content; and (c) treating the dried fruit during step (a) or after step (b) with a flavoring agent having a flavor which does not substantially correspond to the natural flavor of the dried fruit. © BANANAIP, 2014 NLSIU Lecture Series
  16. 16. EXAMPLE Patent A CLAIM 1 1) A composite gutter guard …, said gutter guard comprising: (a) a guard panel (b) a mesh layer overlying said guard panel …; and (c) a continuous heat weld defining an uninterrupted longitudinal weld line connecting said mesh layer to said guard panel…. © BANANAIP, 2014 Mesh layer Guard panel © BANANAIP, 2014 NLSIU Lecture Series
  17. 17. EXAMPLE Product B Gutter guard is comprised of a mesh screen attached to a guard panel by means of an adhesive, hot glue, which is later cooled. © BANANAIP, 2014 NLSIU Lecture Series
  18. 18. FTO ANALYSIS PROCESS • Identify key elements of the product • Develop a search strategy • Patent screening • Patent analysis • Report © BANANAIP, 2014 NLSIU Lecture Series
  19. 19. A Tale of Patents, Drugs, Health Care and Greed “A blind lawyer, a virus outbreak, a dog that dreams and a patent infringement case. Dr. Kalyan Kankanala’s debut fiction, Road Humps and Sidewalks: The Path less travelled is an engrossing fast- paced legal thriller” - The Hindu For details: www.kalyankankanala.com © BANANAIP, 2014 NLSIU Lecture Series
  20. 20. FUN IP • Fun IP makes intellectual property learning fun, and enjoyable. • Some Reviews • "Written in a very easy to understand language, FUN IP is anexcellent book for those not well versed in IP." • - Journal of IPR • "While comprehensive treatment of even a single subject covered by Fun IP would require many volumes, this book does provide a good overview of all the types of intellectual property protection. " • - Patent Baristas • Now available for Free Download at: https://www.smashwords.com/bo © BANANAIP, 2014 NLSIU Lecture Series
  21. 21. For more info: www.bananaip.com/sinapse-blog Email to: kalyan@bananaip.com THANK YOU © BANANAIP, 2014 NLSIU Lecture Series

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