CONSULTANTS                                              Applying Intelligence to IP - Globally                 NEWSLETTER...
NEWSLETTER    CONTENTS    News India                                                              2    News China         ...
NEWS INDIA                                                                                                Go to Contents  ...
NEWS INDIA                                                                                                  Go to Contents...
NEWS INDIA                                                                                                   Go to Content...
NEWS INDIA                                                                                                Go to Contents  ...
NEWS INDIA                                                                                                 Go to Contents ...
NEWS INDIA                                                                                               Go to Contents   ...
NEWS CHINA                                                                                                Go to Contents  ...
NEWS CHINA                                                                                                 Go to Contents ...
NEWS CHINA                                                                                                Go to Contents  ...
NEWS CHINA                                                                                                 Go to Contents ...
NEWS CHINA                                                                                                 Go to Contents ...
NEWS CHINA                                                                                                 Go to Contents ...
NEWS JAPAN                                                                                                  Go to Contents...
NEWS JAPAN                                                                                                Go to Contents  ...
NEWS JAPAN                                                                                                 Go to Contents ...
NEWS JAPAN                                                                                                  Go to Contents...
EDITORIAL                                                                                                    Go to Content...
TTC UPDATES                                                                                              Go to Contents   ...
FIRM OVERVIEW                                                                                                             ...
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Talwar and Talwar Consultants Newsletter Vol 6

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Talwar Newsletter volume Six

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Talwar and Talwar Consultants Newsletter Vol 6

  1. 1. CONSULTANTS Applying Intelligence to IP - Globally NEWSLETTER Ranging from Innovations to Intellectual PropertyVol. 6,Nov - Dec’2012
  2. 2. NEWSLETTER CONTENTS News India 2 News China 8 News Japan 14 Editorial 18 TTC Updates 19 Firm Overview 20 Page 1 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  3. 3. NEWS INDIA Go to Contents HEADLINES INDIA Look into Mobile, Get Your Eyes Tested Look into mobile, get Soon, your phone will have one more your eyes tested function - telling you whether you need glasses or not. Lupin bags final approval A team headed by Indian-born from USFDA to market researcher Ramesh Raskar at the Massachusetts generic contraceptive Institute of Technology (MIT) has developed a tablets software and a smartphone accessory that can perform eye tests and save you a trip to the optometrist. If you use ‘Xerox’ the way you use ‘zipper,’ our Read More>> Go to the top>> trademark could be left wide open India announced Lupin bags final approval from USFDA to market generic National Policy on contraceptive tablets Electronics 2012; wants to Drug manufacturer Lupin has rival China bagged final nod from the US health regulator to market generic AstraZeneca unveils Levonorgestrel and Ethinyl Estradiol antiplatelet drug Brilinta combined oral contraceptive tablets. in India The firms arm, Lupin After India, now Pharmaceuticals Inc, has got final green signal from the US Food and Indonesia introduces Drugs Administration (USFDA) to market tablets in the strength of 0.15 mg/0.03 mg. Patent Licenses for Generic Versions of Read More>> Go to the top>> Drugs India fights to protect its traditional home “If you use „Xerox‟ the way you use „zipper,‟ our trademark remedies could be left wide open.” UN high-level meeting In Xerox Corp. recently defeated India on Biodiversity claims that their mark Xerox has become generic. This time, the issue took place in addresses access and India at the Intellectual Property benefit-sharing Appellate Board (IPAB). This discussion, however, has already played Lupin identifies cancer out here in the United States. drugs as focal point for Genericism stems from a Judge Learned Hand opinion in Bayer Japanese market Co. v. United Drug Co., where, in the context of Aspirin, the issue is Page 2 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  4. 4. NEWS INDIA Go to Contents DNDi-developed Ciplas ―whether the buyers merely understood the word ‗Aspirin‘ meant this kind anti-malaria drug of drug, or whether it meant that and more than that: i.e., that it came from receives pre-qualification the same single, though, if one please anonymous, source from which they from WHO had got it before.‖ India revokes patent on Read More>> Go to the top>> Sutent, Pfizer to appeal ARTICLES India announced National Policy on Electronics 2012; wants The rise of the patent to rival China brigade Cabinet today approved the National Policy on Electronics 2012 India Patent Authority that will encourage the creation of manufacturing and research of electronic components in India. With this move India will try to rival has big Pharma worried China, which is currently the hub for electronics manufacturing in the world. The policy will strengthen Electronic System and Design and Manufacturing (ESDM) sector in the country to create a turnover of $400 billion while creating 2 million jobs. The strategies include setting up of a National Electronics Mission with industry participation and renaming the Department of Information Technology as Department of Electronics and Information Technology (Deity). The Department has since been renamed on February 26, 2012. Read More>> Go to the top>> AstraZeneca unveils antiplatelet drug Brilinta in India AstraZeneca Pharma India has announced the launch of its patented antiplatelet drug Brilinta, which is mainly used for the prevention of heart attack, after bagging green signal from the Drug Controller General of India (DCGI). The approval came with New Drug Advisory Committees (NDAC) recommendations. DCGI gave nod in May this year for marketing Brilinta (Ticagrelor) tablets in India. Brilinta is an oral antiplatelet treatment for Acute Coronary Syndromes (ACS). Read More>> Go to the top>> Page 3 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  5. 5. NEWS INDIA Go to Contents After India, Now Indonesia Introduces Patent Licenses For Generic Versions Of Drugs As we noted a couple of weeks ago, when we wrote about Indias moves to issue compulsory licences for the production of generic versions of expensive, patented drugs, the big fear for Western pharmaceutical companies was that other countries might follow suit. It looks like thats happening in Indonesia, where the countrys president has signed a decree authorizing low-cost versions of key HIV drugs: the measure would introduce widespread generic competition and generate major cost savings in the world‘s fourth most populous country. The decree licenses patents for a slate of HIV medicines, and represents one of the most robust uses of pharmaceutical patent licensing power by a country since the World Trade Organization 1995 Agreement on Trade- Related Aspects of Intellectual Property (WTOs TRIPS). Read More>> Go to the top>> India fights to protect traditional home remedies For centuries, Indian housewives have used homemade remedies based on cows milk to cure constipation -- but in 2009 Swiss giant Nestle applied for a patent to protect a similar product of its own. Earlier this year, India successfully fought off Nestles attempt at the European Patent Office (EPO) to secure a patent, saying that using cows milk as a laxative was mentioned in ancient texts and was therefore not new. Indian government officials are fighting hundreds of other cases to try to protect the countrys "genetic heritage", a topic high on the agenda at the UNs Convention on Biological Diversity currently meeting in Hyderabad. Read More>> Go to the top>> UN High-Level Meeting in India on Biodiversity Addresses Access and Benefit-Sharing At the ongoing 11th Conference of the Parties (COP11) to the United Nations Convention on Biological Diversity (CBD) in Hyderabad, the hot topic is funds and how to mobilize it. The mega-conference is Page 4 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  6. 6. NEWS INDIA Go to Contents taking place in the shadow of a global economic slowdown, and delegates gathered at this southern Indian city are most concerned about how to drum up funds to tackle the world‘s shrinking biodiversity – the variety of animal and plant life on earth. In the first week of the October 8-19 conference, the thorny issue of access and benefit sharing (ABS) of genetic resources surfaced but the discussion was procedural, rather than substantive. Everybody seems to agree that much more needs to be done by way of ‗capacity building‘ in order to implement the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, but countries differ on how best to pay for this. Read More>> Go to the top>> Lupin identifies cancer drugs as focal point for Japanese market Lupin is looking forward to make its entry into the Japanese cancer drug market in the wake of expected shortage of ample cancer drugs in the country. A recent study has revealed that the Japanese drug market can exhaust soon with as many as $2 billion patents on cancer related medical estimated to expire in the next five years. Irom Pharmaceuticals and Kyowa Pharmaceuticals are the two wholly-owned auxiliaries of Lupin in Japan and with these, Lupin has developed seven to eight oncology drugs through co-development and in- licensing. Read More>> Go to the top>> DNDi-developed Ciplas anti-malaria drug receives pre- qualification from WHO Drug company Cipla said an anti-malarial drug developed by Drugs for Neglected Diseases initiative (DNDi) has received pre- qualification from the World Health Organisation (WHO). The Mumbai-based firm is developing the fixed dose combination drug of Artesunate and Mefloquine (ASMQ FDC) under a technology transfer agreement with Neglected Diseases initiative (DNDi). Page 5 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  7. 7. NEWS INDIA Go to Contents This Cipla-manufactured ASMQ FDC is the first artesunate- mefloquine FDC to be prequalified by WHO and is recommended for the treatment of malaria, as per the statement issued by Cipla. Read More>> Go to the top>> India revokes patent on Sutent, Pfizer to appeal Pfizer is set to appeal a decision after the authorities in India revoked the patent on the US majors cancer drug Sutent. Sutent (sunitinib) a treatment for liver and kidney cancer, was granted a patent in India in 2007 but that decision was challenged by generics specialist Cipla and Natco Pharma. Indias Patent Board has backed the latter firm, saying that "the invention that is claimed in the patent does not involve any inventive step". Jazz Tobaccowalla, Pfizer Indias managing director, said that "we believe the decision undermines intellectual property rights in India and we will vigorously defend our basic Sutent patent". As such, the firm will appeal the ruling at the Intellectual Property Appellate Board. Read More>> Go to the top>> The Rise of the Patent Brigade In 2011, the total number of patent applications for in India was estimated to be 37,000, according to controller general of patents, designs and trademarks, ministry of commerce and industry data. In 2012, it had hovered around 34,000. Technology companies – both international and Indian – are leading the charge of the patent brigade. Take the case of GE. In 2011, 400 patent applications were filed by GE globally that have contributions from GE India. ―We have 4,500 scientists and engineers to think creatively and contribute towards solving problems in infrastructure, healthcare, services and work with teams outside India,‖ Gopcihand Katragadda, Managing Director, GE India Technology Centre, Bangalore told Business Line. Further, areas of specialisations include energy, aviation, transportation, water, healthcare along with technology Page 6 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  8. 8. NEWS INDIA Go to Contents specialisations in areas including materials, imaging, nanotechnology, sensing, transmission and distribution, renewable energy, energy storage and others. While GE does not give out country specific details, the push for patents is happening at a considerable pace as the company is betting on markets like India to drive future growth. Read More>> Go to the top>> India Patent Authority Has Big Pharma Worried When the government of India revoked U.S. drug maker Pfizer Inc.‘s local patent for its cancer drug Sutent last week, it marked yet another loss for Big Pharma in an escalating patent war between multinational pharmaceutical companies and the governments of developing nations. The decision by the country‘s patent authority—the Patent Controller of India—to reverse a 2007 decision granting patent protection on the drug, which is used to treat kidney cancer, comes on the heels of other rulings in which some of the world‘s largest drug makers have seen their patents on expensive (and potentially lucrative) cancer medicines threatened. For example:  The Indian patent office earlier this year ordered Germany‘s Bayer AG to issue a ―compulsory license‖ allowing an Indian generics company to copy its patented cancer treatment Nexavar and market it at one- thirtieth the cost. Bayer has appealed that ruling to the country‘s Intellectual Property Appellate Board, but in May the board refused to stay the issuing of a compulsory license pending the appeal.  Also earlier this year, an Indian court dismissed a patent infringement suit filed by Swiss drug maker Roche Holding AG against Indian generic drugmaker Cipla Ltd., relating to its cancer drug Tarceva.  In 2010, India revoked Roche‘s local patent on its anti-viral drug Valcyte, which is widely used to treat HIV-AIDS patients and to Read More>> Go to the top>> Page 7 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  9. 9. NEWS CHINA Go to Contents HEADLINES CHINA Chinese Knockoff Maker Reportedly Copies, Patents Chinese Knockoff Maker iPhone 5 Design Reportedly Copies, A Chinese iPhone lookalike Patents iPhone 5 Design manufacturer has reportedly patented the next iPhone‘s design before China’s Changing Apple has even released the handset. Trademark Environment. The Goophone I5, which was Why You Need To unveiled in late August, appears to be Register Your Trademark an exact ripoff of leaked images and Campaigns to focus on parts for Apple‘s next iPhone. Blog Gizchina reports that Goophone has already patented the design of the I5 China intellectual and could potentially sue or try to block Apple from selling its handset in property theft China. Chinese Telecom Threat The only external difference in design between the GooPhone I5 Used to Push and what we expect the iPhone 5 to look like is the former‘s 3.5-inch Cybersecurity Bill display, as opposed to the 4-inch display most observers expect on Apple‘s new handset. Utah Hosts China-U.S. Read More>> Go to the top>> Intellectual Property Rights Roundtable China‟s Changing Trademark Environment. Why You BSA: Global software theft totaled $63.4 billion Need To Register Your Trademark Now. last year Registration of trademarks in China has become essential for doing business in China. We have long advocated prompt China trademark Court finds copyright of registration with our clients. For companies that manufacture and export Buddha design valid from China, registration of the English language trademark is essential. TechFaith Sues Samsung For companies that sell products and services in China, registration of the for Patent Infringement existing English language marks and also the Chinese language marks for the product is essential. In Search of Dexter: When we first began to push our clients on trademark registration, Why You Cant Buy we were met with a lot of skepticism. However, as we anticipated, the tide Pirated DVDs in China has turned. Recent reports from China claim that China now has the Anymore largest number of registrations in the world, with over 1.0 million applications submitted per year. It has now become almost impossible to ARTICLES do business in China without a full portfolio of registered English and Asia Moving Beyond Read More>> Go to the top>> Manufacturing, to Innovation Page 8 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  10. 10. NEWS CHINA Go to Contents WHY IT MATTERS: China Campaigns to focus on China intellectual property theft Chinese firms take on Intellectual property theft by Chinese companies, a huge concern world in IP battle for the technology and creative arts industries, will be a major campaign focus this week with GOP presidential hopeful Mitt Romney planning to hit the Obama administration even harder on its record on the issue. Romney adviser Ed Gillespie, on a 15-minute press call on Monday, returned repeatedly to the topic of China even when asked about other matters. He insisted that between intellectual property violations and unfair subsidies for Chinese auto and tech companies, the problem has cost 2 million American jobs. Read More>> Go to the top>> Chinese Telecom Threat Used to Push Cybersecurity Bill A congressional investigation that highlighted national security threats posed by two Communist China-based telecommunications equipment companies, Huawei and ZTE, is being seized upon by lawmakers and at least one of the firms to push for more government control at the national and international level. The final report found that the companies pose multiple risks to the United States and should be avoided. Members of Congress on both sides of the aisle claimed the danger could be lessened. However, to do that, lawmakers alleged, Congress must approve the deeply controversial so-called ―cybersecurity‖ bill that would force private companies to help the federal government spy on Americans under the guise of protecting ―the Homeland.‖ Read More>> Go to the top>> Utah Hosts China-U.S. Intellectual Property Rights Roundtable The state of Utah was recently honored to be one of only three sites in the country to host a large visiting delegation from the Chinese International Trade office of the Ministry of Commerce. Hosted at the Salt Lake Chamber with the coordination of the World Trade Center Utah, this unique IPR Roundtable event included an opening presentation by Mr. Chong Quan, Deputy China International Trade Representative of the Ministry of Commerce as well as specific presentations by Deputy Page 9 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  11. 11. NEWS CHINA Go to Contents Director Generals from the offices of Trademark, Copyright and Patents in the P.R.C. Following the delegation presentations, there was an energetic round of questions from the audience consisting of the Utah community of IP lawyers as well as numerous in-house counsels of several large companies including eBay, Lifetime Products, Autoliv and Skullcandy. Read More>> Go to the top>> BSA: Global software theft totaled $63.4 billion last year Poor network security often to blame for intellectual property theft Intellectual property theft is on the rise, according to the latest figures by the Business Software Alliance (BSA). Hackers that breach networks are able to steal intellectual property and other confidential data from the target enterprise. To help companies reduce their security risks, the Information Security Forum (ISF) has released its Standard of Good Practice 2012, which provides practical advice on security strategy, incident management, business continuity, resilience and crisis management. Read More>> Go to the top>> Court finds copyright of Buddha design valid Traditional religious images can be copyrighted if they contain "innovative elements" created by artists, according to a recent Beijing court ruling that found sculptor Huang Quanfu owns the rights to a wood sculpture design for Maitreya - the so-called fat smiling Buddha. The ruling came in a lawsuit filed by Huang after he found a shop in Beijings Haidian district selling woodcarvings that looked like his own works. An advertising leaflet in each package even boasted that the shop "provides Huang Quanfus series of Buddha works", the court heard. After the discovery, Huangs sued the shop and Aika International Page 10 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  12. 12. NEWS CHINA Go to Contents Collections Market, where the shop was located, claiming that they used his work without authorization. He said he created two series of wood Maitreya sculptures in 2005 and registered copyrights for them in 2007 with copyright authorities in Fujian. Read More>> Go to the top>> TechFaith Sues Samsung for Patent Infringement China TechFaith Wireless Communication Technology Limited (NASDAQ: CNTF) ("TechFaith" or the "Company") today announced that it has filed suit against Samsung Telecommunications (Tianjin) Ltd for patent infringement in the People Republic of China (Beijing) courts. To date, the China Patents Committee has acknowledged that TechFaiths mobile phone patent (patent number 2008101134154) is effective and relevant in this current matter. Mr. Deyou Dong, President and COO of TechFaith, said, "We have invested heavily in research and development over the years to build an extensive product catalog backed by a highly defensible intellectual property portfolio. In the case of Samsung, we are taking legal action after establishing applicability of our patent number 2008101134154, which we believe is being infringed upon in Samsungs GT-B7732 model mobile phone. Read More>> Go to the top>> In Search of Dexter: Why You Cant Buy Pirated DVDs in China Anymore In the final presidential debate on Monday, both candidates identified the United States need to ensure that Beijing protects intellectual property rights (IPR), such as copyrights, patents and trademarks. President Obama argued that one of the main tenets of his China policy was to insist that the Peoples Republic "plays by the same rules as everybody else." Governor Romney echoed this point, complaining that China is "stealing our intellectual property, our patents, our designs." According to the U.S. International Trade Commission, copyright infringement in China resulted in approximate losses of $23.7 billion for U.S. companies in 2009. Page 11 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  13. 13. NEWS CHINA Go to Contents Over the past four years, however, Chinas attempts to combat piracy and counterfeiting have led to remarkable improvements that surprisingly have gone unnoticed. Unnoticed, that is, unless you have ever tried to buy illegal DVDs in Beijing. Read More>> Go to the top>> Asia Moving Beyond Manufacturing, to Innovation Gone are the days of cheap labour in Asia. Asia is moving beyond being a manufacturing hub of the world to its next stage of growth driven by innovation. But can Asia, as a whole, successfully navigate a shift away from localising products to wealth creation via innovation, invention and intellectual property? Asia is moving beyond being a manufacturing hub of the world to its next stage of growth driven by innovation, said attendees and speakers at the Techventure 2012 conference in Singapore. While the previous wave of innovation in Asia saw the number of R&D centers from multinational corporations in China and India grow nearly four times from 557 in 2001, to 2,009 in 2010, according to research from India-based consulting firm Zinnov, this was largely due to companies seeking to hire pools of cheap engineers, and to situate their R&D centers in growth areas in the emerging markets. Read More>> Go to the top>> WHY IT MATTERS: China The issue: The U.S. accuses China of flouting trade rules and undervaluing its currency to helps its exporters, hurting American competitors and jobs. But imposing tariffs could set off a trade war and drive up prices for American consumers. Tensions have spread to the automotive sector: The U.S. is seeking international rulings against Chinese subsidies for its auto and auto-parts exports and against Chinese duties on U.S. autos. Where they stand: Mitt Romney says hell get tougher on Chinas trade violations and intellectual property theft, and designate it a currency manipulator on his first day in office. President Barack Obama, who also wants to increase U.S. exports to Chinas growing market, has opted, like George W. Bush before him, to wait while economic forces encourage Beijing to allow its Page 12 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  14. 14. NEWS CHINA Go to Contents currency to gain in value gradually. Why it matters: Cheap imports of goods from China have benefited American consumers and helped keep inflation down. But those imports have hurt American manufacturers, and many U.S.-based companies outsource production to China to cut costs, which also has caused U.S. job losses. One study estimated that 2.8 million U.S. jobs were lost or displaced to China, the worlds second-largest economy, between 2001 and 2010. Read More>> Go to the top>> Chinese firms take on world in IP battle China has a short intellectual property history but has become the top IP filing destination. Increasingly, Chinese companies are litigating in Chinese courts as both plaintiffs and defendants. But in courts in foreign countries, Chinese companies remain mostly as defendants. What are the reasons behind this? China has overtaken the United States for the seventh consecutive year in terms of the annual number of IP litigations. However, the amount of damages and enforcement rates as well as the level of judicial transparency are still low when compared with the US. Further, compared with their foreign counterparts, most Chinese companies still lack both independent core technologies and the awareness of IP protection. When sued in foreign courts, most Chinese companies chose to default due to lack of familiarity with foreign laws, judicial systems and the high litigation cost as well as the high risk of being found infringing. However, with the further development of IP laws and a national IP strategy by the Beijing government, we should expect to see a change to the current situation in the near future. A small number of Chinese companies such as Huawei Technologies and ZTE are quickly stepping into the international arena as fierce competitors. They are becoming the leaders of Chinese companies filing and protecting their IP rights abroad. Read More>> Go to the top>> Page 13 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  15. 15. NEWS JAPAN Go to Contents HEADLINES JAPAN Japan introduces piracy penalties for illegal downloads Japan introduces piracy Japan-based internet users who download copyright infringing penalties for illegal files face up to two years in prison or fines of up to two million yen downloads ($25,700; £15,900) after a change to the law. Such activity has been illegal since 2010, but until now had not Kao reaches settlement invoked the penalties. It follows a lobbying campaign by countrys music with Henkel over hair industry. dye infringement lawsuit But critics said that efforts should have remained focused on stopping users making such material available. Mylan Announces In Japan illegal uploads of copyright infringing music and videos Settlement Agreement carry a maximum 10 year prison sentence and a 10 million yen fine. Sales for its First-to-File figures suggest the country is the worlds second-largest music market Generic Version of after the US. Orapred ODT® Read More>> Go to the top>> Alnylam Announces Tuschl II Key Patent Kao reaches settlement with Henkel over hair dye Claims Upheld in infringement lawsuit Invalidation Trial in Japan The intellectual property battle between Kao and Henkel over hair dyes has been brought to an end after the Tokyo-based firm announced it Kane Biotech Issued New had reached a settlement and agreed to drop the case. Patent in Japan for Kao filed the infringement lawsuit in Germany regarding foam DispersinB(R) type hair color products Perfect Mousse, and in Japan regarding the foam type hair color products FRESH LIGHT Foam Type Color which Japanese court finds allegedly infringes its intellectual property rights, last year. Apple did not infringe on two Samsung patents Read More>> Go to the top>> InDex Pharmaceuticals Mylan Announces Settlement Agreement for its First-to- Granted Japanese Patent File Generic Version of Orapred ODT® for Novel Treatment of Steroid-Resistant Mylan Inc. (Nasdaq: MYL) today announced that it has entered into a Inflammation settlement agreement with Shionogi Inc. and CIMA Labs Inc. that will resolve patent litigation related to Prednisolone Sodium Phosphate Orally ARTICLE Disintegrating Tablets (ODT), 10 mg, 15 mg and 30 mg. Prednisolone Sodium Phosphate ODT is the generic version of Shionogis Orapred Japan’s Lost Art of ODT®, which is indicated for the treatment of certain pulmonary diseases Innovation such as asthma. Additionally, the product is indicated for the control of certain severe or incapacitating allergic conditions, such as atopic dermatitis, and seasonal and perennial allergic rhinitis, that are intractable Page 14 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  16. 16. NEWS JAPAN Go to Contents to adequate trials of conventional treatment. According to the terms of the settlement, Mylan will be licensed to sell its Prednisolone Sodium Phosphate ODT product on April 1, 2014, or earlier under certain circumstances. Read More>> Go to the top>> Alnylam Announces Tuschl II Key Patent Claims Upheld in Invalidation Trial in Japan Alnylam Pharmaceuticals, Inc. (Nasdaq: ALNY), a leading RNAi therapeutics company, announced today that the Japanese Patent Office upheld key claims in the Tuschl II patent (JP4095895) in an invalidation trial held in Japan. The invalidation request was made by Bio Think-Tank, a Japanese company. We are extremely pleased with the outcome of the invalidation trial which resulted in key claims from the Tuschl II ‘895 patent being upheld in Japan. This affirms our belief in the validity of these claims and the groundbreaking nature of the Tuschl II invention forming the basis of this critical patent family,‖ said Laurence Reid, Ph.D., Senior Vice President, Chief Business Officer at Alnylam. ―Tuschl II remains a valuable patent in our overall broad estate of patents important for the development and commercialization of RNAi therapeutics, and a patent family to which we are the exclusive licensee. Read More>> Go to the top>> Kane Biotech Issued New Patent in Japan for DispersinB(R) Kane Biotech Inc. (KNE.V), a biotechnology company engaged in the development and commercialization of products that prevent and remove microbial biofilms is pleased to announce the issuance of Patent (No.5073169) entitled "Compositions and Methods for Enzymatic Detachment of Bacterial and Fungal Biofilms" by the Japan patent office. This patent covers the Companys unique DispersinB(R) biofilm technology. The patent claims the gene encoding DispersinB(R) enzyme and Page 15 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  17. 17. NEWS JAPAN Go to Contents also amino acid sequence of the enzyme. In addition, the claims include: (i) a method of producing DispersinB, (ii) pharmaceutical compositions comprising DispersinB(R) and an antibody or an antibiotic/antimicrobial, (iii) methods of administration, and (iv) applications in medical devices, wound care and oral care. Read More>> Go to the top>> Japanese court finds Apple did not infringe on two Samsung patents A Japanese court has rejected two patent infringement claims lodged by Samsung against Apple, marking yet another country where Apple has found courtroom success against its rival. Intellectual property expert Florian Mueller said with Apples latest victories in Japan, its just another example of how "Apple is on the winning track" worldwide against Samsung. He noted that outside of Korea, the only case that Samsung has won on the offensive came in the Netherlands, and even that wasnt a major victory. "Samsungs problem is not that there were two non-wins in Japan," Mueller wrote on Monday. "Samsungs problem is that Apple has won a variety of rulings (even if none of them had or has the potential to force Samsung out of a major market) while Samsung hasnt won anything meaningful outside of Korea, and nothing anywhere in the world over a non-standard-essential patent." Read More>> Go to the top>> InDex Pharmaceuticals Granted Japanese Patent for Novel Treatment of Steroid-Resistant Inflammation InDex Pharmaceuticals today announced that it has been granted a Japanese patent by the Japan Patent Office (JPO). The patent provides protection for the use of Kappaproct® and other DNA-based immunomodulatory sequences (DIMS) for the treatment of steroid- Page 16 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  18. 18. NEWS JAPAN Go to Contents resistant inflammatory diseases, including inflammatory bowel disease, rheumatoid arthritis, psoriasis, asthma, emphysema, and chronic obstructive pulmonary disease. The patent, entitled ―Immunostimulatory Method‖ covers the use of a broad range of oligonucleotides for the treatment of steroid resistance in patients afflicted with inflammatory conditions. It provides an exclusivity period until at least 2026, with the possibility of up to 5 years of patent term extension after market approval. InDex Pharmaceuticals already holds patent protection for Kappaproct for the treatment of steroid- resistant inflammatory diseases in both Europe and the US. Read More>> Go to the top>> Japan‟s Lost Art of Innovation Once known for its technological innovations, Japan‘s competitive edge is being challenged in industries ranging from auto manufacturing to electronics. With entrepreneurship apparently no longer in fashion among a stay-at-home and conformist youth, how can the nation that produced companies such as Honda and Sony regain its mojo? While current business leaders such as Gree‘s Yoshikazu Tanaka, Uniqlo‘s Tadashi Yanai and Softbank‘s Masayoshi Son, show Japan‘s entrepreneurial spirit is far from extinguished, the larger trends are not encouraging. The latest statistics show that Japan‘s neighbors have eclipsed Asia‘s previous leading economy in the vital area of innovation. According to the INSEAD eLab and the World Intellectual Property Organization‘s 2012 Global Innovation Index survey, Japan ranks just 25th in innovation, well behind Asian rivals like Singapore (third) and Hong Kong (eighth), as well as South Korea (21st). And while Japan rated highly for infrastructure (seventh), it ranked a lowly 80th on ease of starting a business, 84th on ease of paying taxes and 69th on ―creative outputs.‖ Read More>> Go to the top>> Page 17 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  19. 19. EDITORIAL Go to Contents Keeping Intellectual Patent Watch and Monitoring Property on the Hook can be Neck Breaking of Keeping Intellectual Property on the hook can be neck breaking for the owner. Protection of ideas through rights is of great importance for the the Owner inventor. Patents are the best way to shield ones inventions. The process of patent watch involves a comprehensive way of procuring and overseeing patent records. Stimulating innovation of new perceptions through patent monitoring and invention of over-and-above ideas by protecting the rights of the owner are the two main objectives that any patent tracking system sets site on. A tried and true stage is provided to the inventors with a view to encourage them to conform new patents in their own accord. Patent watch bestows the users with a scaffold to analyze age-old as well as recently issued patents. Be it accessing the basic information related to specific patent families or be it the sharing of information of patents, an intelligent patent monitoring process can deliver all such features. Any patents that might be of interest can be looked over on a periodic basis. Keeping a watch on previously existing patents renders an inventor with an unclouded idea to prevent the infringing of the formerly issued patents. Patent monitoring allows users to seek license from the patent holders for the then existing ideas to be incorporated for the sake of getting a fresh patent issued. With the increasing awareness about individual intellectual property rights, keeping a watch on the IP activity of competitors is essential. It is important to be informed about drug patent expirations in order to decrease R&D project risks, areas of research or analyze the growth in any technology, latest developments in the technology, legal status of desired patent applications etc. The iterative examination and re-analysis of patents in order to render them valid or invalid with evolution has been made easier by patent watch and monitoring. Making patent watch and monitoring a commendable experience XLPAT provides private cloud based patent monitoring system for corporations. Features like efficient monitoring with manual search, setting alerts, PAIR tracking and sharing updates with clients are available which sew up and make it the most aiding and advantageous platform in the field of patent watch and monitoring. Prakriti Dhir Go to the top>> Page 18 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  20. 20. TTC UPDATES Go to Contents TTC launches XLPAT! XLPAT- Patent Tracking Cloud Platform Free Webinars Organized Keeping pace with the radical changes occurring in the arena of by TT Consultants intellectual property, TT Consultants has introduced XLPAT-private cloud based patent monitoring software. Along with the cost-effective and AIPLA Attendee wins comprehensive prior art search services, TTC now has a customized patent Amazon Kindle software. To experience the highly advanced features of XLPAT, please visit www.xlpat.com for more details. Read More>> Go to the top>> Free Webinars Organized by TT Consultants Understanding the importance of Intellectual Property, TT Consultants regularly organizes webinars focusing on the importance of creating IP, IP protection strategies and using IP as a strategic business goal for achieving maximum commercial success. TT Consultants hosted a free webinar on ―America Invents Act & its Impact on the IP Strategy of Asian Organizations‖ on 15th October, 2012; with speakers: Denise De Franco - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Boston Office, USA and Jitin Talwar - TT Consultants. TT Consultants also hosted a free webinar on “Indian Patent Law - Detailed Analysis of the Patent Law in One of the Fastest Growing Economies” on 2nd November, 2012; with speakers: Jitin Talwar- Advocate & Registered Patent Agent in India, Founder – TT Consultants and Sandeep Singh Kohli- Registered Patent Agent in India, Vice President (Product Development), TT Consultants. To receive updates about the webinars organized by TTC, please click here! Go to the top>> AIPLA Attendee wins Amazon Kindle XLPat TT Consultants Pvt. Ltd. organized a lucky draw for the attendees of AIPLA annual meeting. Colleen M. Schaller (Howson & Howson) was declared the winner of the all new Amazon Kindle. Read More>> Go to the top>> Page 19 of 20© TT Consultants, 2012. All rights reserved – privileged and confidential
  21. 21. FIRM OVERVIEW Go to Contents TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property Consulting firm providing services in over 20 countries worldwide to more than 500 Companies, universities and research institutes with several offices in three countries i.e. Taiwan, US and India and strong client base in US, Canada, Europe, Japan, Singapore, South Korea, Taiwan and India, we strive towards providing our clients global and world-class services. We provide patent litigation support, patent prosecution support, licensing support, patent acquisition support, technology transfer consulting, patent portfolio management and other legal support services to leading patent law firms, companies, universities, research institutes and intellectual property owners. INDIA TAIWAN CHANDIGARH US TAINAN Office 8, Tower B, 3rd Floor, Room 410, D.L.F Building, I.T park WASHINGTON D.C. Tech Transfer & Business Incubation Center, Chandigarh (U.T)-160101 1701 Pennsylvania Avenue, NW, National Cheng Kung University Mobile: +91-9815006413 Washington DC. 20006 No. 1 University Road, Tainan City 701 Email: n.mahajan@ttconsultants.co.in Email: lucy.yu@ttconsultants.com.tw Mobile: +1.347.284.6413 GURGAON Toll Free: +1.888.337.5234 HSINCHU Unit number 252, 2nd floor ,Tower B2, Si-Soft Research Center, 1A2, Email: talwar@ttconsultants.co.in Spaze I-Tech Park, Sector 49, Sohna Li-Hsin 1st Road, Road, Gurgaon-122002 Landline: +886-6-2368814 Mobile: +91-9876667711 Mobile: +886-929693711 Email: s.goel@ttconsultants.co.in Email: a.srivastava@ttconsultants.co.in Feedback/Suggestion We will be happy to know your feedback & suggestion on the same. Kindly send us an email with your feedback. Unsubscribe Note: - If you do not wish to receive this Newsletter in future, please click here, else just reply this mail with the word "Unsubscribe" in the subject of the mail. Disclaimer While every care has been taken in the preparation of this News Bulletin to ensure its accuracy at the time of publication, TT Consultants assumes no responsibility for any errors which despite all precautions, may be found herein. Neither this bulletin nor the information contained herein constitutes a contract or will form the basis of a contract. The material contained in this document does not constitute/substitute professional advice that maybe required before acting on any matter. *COPYRIGHT NOTICE:-© 2012, India. All Rights reserved with TT Consultants Page 20 of 20 Go To Top >>© TT Consultants, 2012. All rights reserved – privileged and confidential

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