The business of ip litigation modified

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  • 1. The Business of IP litigation Dr. Kalyan Kankanala BananaIP kalyan@bananaip.com Web: www.bananaip.com Blog: www.sinapseblog.com Books: www.kalyankankanala.com
  • 2. Patent Litigation Stats • An overview of patent litigation and patent litigation in different courts is represented below: 0 2 4 6 8 10 2013 2012 2011 2010 2009 2008 Others Not in favor of IP holder In favor of IP holder Patent Litigation Delhi HC By Sneha Ashok, Aishwarya Narayan, BananaIP Total Cases: 43 IP holder: 15 [34.88%] Against IP holder: 25 [58.13%] Others: 3, [6.97%]
  • 3. Patent litigation [IPAB] • An overview of Patent litigation [IPAB cases] and distribution of different domains is shown below: 0 10 20 30 40 50 60 Others Not in favour of IP holder In favour of IP holder By Sneha Ashok, Anurag Singh, BananaIP Patent Litigation [IPAB cases: Domain distribution] Pharma Mechanical Electronics
  • 4. Patent Litigation Patent Litigation cases: [Domain distribution] Pharma Mechanical Electronics Total Cases: 43 Pharma: 15 IP holder: 5 Againt IP holder: 9 Others: 1 Mechanical: 15 IP holder: 6 Againt IP holder: 8 Others: 1 Electronics: 13 IP holder: 4 Againt IP holder: 8 Others: 1
  • 5. Design Litigations in Courts • A statistical representation of litigation involving designs In courts is made below: • 0 2 4 6 8 10 12 2013 2012 2011 2010 Others Not in favor of IP holder In favor of IP holder Design Litigation Delhi HC Other Courts By Sripriya Padmanabhan, BananaIP Total Cases: 37 IP holder: 11 [29.72%] Against IP holder: 6 [16.21%] Others: 20 [54.05%]
  • 6. Trademark Litigation in Courts • An overview of trademark litigation in courts is represented below: 0 20 40 60 80 100 120 140 2013 2012 2011 2010 Others Not in favour of IP holder In favour IP holder Trademark Litigation Delhi HC Other Courts By Shravan Kalluri, BananaIP Total Cases: 429 IP holder: 276 [64.33%] Against IP holder: 75 [17.48%] Others: 78 [18.18%]
  • 7. Trademark litigation [IPAB and Oppositions] • Trademark litigations in IPAB and statistics of oppositions filed/reached hearing stage is represented below: 0 10 20 30 40 2013 2012 2011 2010 Others Not in favour of IP holder In favour of IP holder 0 10000 20000 30000 Number of oppositions filed Number of oppositions heard By Shravan Kalluri, BananaIP Total Cases: 95 IP holder: 51 [53.68%] Against IP holder: 22 [23.15%] Others: 22 [23.15%]
  • 8. Litigation in respect of Copyrights • A representation of statistics in relation to litigation matters revolving around copyrights is made below: 0 20 40 60 80 100 2013 2012 2011 2010 Others Not in favor of IP holder In favor of IP holder Copyright Litigation Delhi HC Other Courts By Sripriya Padmanabhan, Rajat Srivastava, Nithin Kumar, BananaIP Total Cases: 262 IP holder: 151 [57.63%] Against IP holder: 67 [25.57%] Others: 44 [16.79%]
  • 9. Litigation involving trade secrets and confidential information • A statistical representation of litigation involving trade secrets and misappropriation of confidential information is made below: 0 2 4 6 8 10 2013 2012 2011 2010 Others Not in favor of IP holder In favor of IP holder Trade Secrets and CI Delhi HC By Sripriya Padmanabhan, Shravan Kalluri, Anurag Singh, BananaIP Total Cases: 31 IP holder: 15 [48.38%] Against IP holder: 8 [25.80%] Others: 8 [25.80%]
  • 10. Making Sense of these numbers • Do they mean anything?
  • 11. Race for Interim Orders • Seventy percent stop here • Settlement/License deals • Shrinking Timelines • Common defenses
  • 12. Two Cases – One Goal • Novartis Case – Section 3(d) – Imatinib Masylate • Micromax Case – Patents in wireless standards – FRAND licensing terms • Similarities • Differences
  • 13. Litigation Strategy • Primary Business Objective • Attack/Defend • Extrinsic Factors – Nature of Party – Venue – Litigation Team – International Developments • Intrinsic Factors – History – Field – Pre-suit Records
  • 14. • 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 Monday, April 7, 2014
  • 15. Thank You Web: www.bananaIP.com For more info: www.sinapseblog.com Books: www.kalyankankanala.com Email: contact@bananaip.com