Talwar and Talwar Consultants Newsletter Vol 6

NEWSLETTERRanging from Innovations to Intellectual Property

Nov - Dec’2012Vol. 6,

CONSULTANTSApplying Intelligence to IP - Globally

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© TT Consultants, 2012. All rights reserved – privileged and confidential

CONTENTS

News India

News China

News Japan

Editorial

TTC Updates

Firm Overview

2

8

14

18

19

20

NEWSLETTER


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HEADLINES INDIA

Look into mobile, get

your eyes tested

Lupin bags final approval

from USFDA to market

generic contraceptive

tablets

If you use ‘Xerox’ the way

you use ‘zipper,’ our

trademark could be left

wide open

India announced

National Policy on

Electronics 2012; wants to

rival China

AstraZeneca unveils

antiplatelet drug Brilinta

in India

After India, now

Indonesia introduces

Patent Licenses for

Generic Versions of

Drugs

India fights to protect its

traditional home

remedies

UN high-level meeting In

India on Biodiversity

addresses access and

benefit-sharing

Lupin identifies cancer

drugs as focal point for

Japanese market

Look into Mobile, Get Your Eyes Tested

Soon, your phone will have one more

function - telling you whether you need glasses

or not.

A team headed by Indian-born

researcher Ramesh Raskar at the Massachusetts

Institute of Technology (MIT) has developed a

software and a smartphone accessory that can

perform eye tests and save you a trip to the optometrist.

Read More>> Go to the top>>

Lupin bags final approval from USFDA to market generic

contraceptive tablets

Drug manufacturer Lupin has

bagged final nod from the US health

regulator to market generic

Levonorgestrel and Ethinyl Estradiol

combined oral contraceptive tablets.

The firm's arm, Lupin

Pharmaceuticals Inc, has got final green signal from the US Food and

Drugs Administration (USFDA) to market tablets in the strength of 0.15

mg/0.03 mg.


“If you use „Xerox‟ the way you use „zipper,‟ our trademark

could be left wide open.”

Xerox Corp. recently defeated

claims that their mark Xerox has become

generic. This time, the issue took place in

India at the Intellectual Property

Appellate Board (IPAB). This discussion, however, has already played

out here in the United States.

Genericism stems from a Judge Learned Hand opinion in Bayer

Co. v. United Drug Co., where, in the context of Aspirin, the issue is

NEWS INDIA Go to Contents

http://www.hindustantimes.com/technology/PersonalTech-Updates/Look-into-mobile-get-your-eyes-tested/SP-Article1-951990.aspx

http://news.indiamart.com/story/lupin-bags-final-approval-usfda-market-generic-contraceptive-tablets-170011.html

Page 3 of 20


DNDi-developed Cipla's

anti-malaria drug

receives pre-qualification

from WHO

India revokes patent on

Sutent, Pfizer to appeal

ARTICLES

The rise of the patent

brigade

India Patent Authority

has big Pharma worried

―whether the buyers merely understood the word ‗Aspirin‘ meant this kind

of drug, or whether it meant that and more than that: i.e., that it came from

the same single, though, if one please anonymous, source from which they

had got it before.‖


India announced National Policy on Electronics 2012; wants

to rival China

Cabinet today approved the National Policy on Electronics 2012

that will encourage the creation of manufacturing and research of

electronic components in India. With this move India will try to rival

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.


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 Committee's

(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).



http://www.ipbrief.net/2012/10/25/if-you-use-xerox-the-way-you-use-zipper-our-trademark-could-be-left-wide-open/

http://postnoon.com/2012/10/26/india-announced-national-policy-on-electronics-2012-wants-to-rival-china/83008

http://news.indiamart.com/story/astrazeneca-unveils-antiplatelet-drug-brilinta-india-169683.html

Page 4 of 20


After India, Now Indonesia Introduces Patent Licenses For

Generic Versions Of Drugs

As we noted a couple of weeks ago, when we wrote about India's

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 that's

happening in Indonesia, where the country's 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 (WTO's TRIPS).


India fights to protect traditional home remedies

For centuries, Indian housewives have used homemade remedies

based on cow's 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 Nestle's attempt at

the European Patent Office (EPO) to secure a patent, saying that using

cow's 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 country's "genetic heritage", a topic high on the agenda

at the UN's Convention on Biological Diversity currently meeting in

Hyderabad.


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


http://www.techdirt.com/articles/20121017/09203620731/after-india-now-indonesia-introduces-patent-licenses-generic-versions-drugs.shtml

http://www.google.com/hostednews/afp/article/ALeqM5gbuNFHwG1RSdbysIhw6ZSWKe-qcw?docId=CNG.9a4fd80dcac5e6da21c187b3ab2a63fe.501

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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.


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.

I'rom 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.


DNDi-developed Cipla's 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).


http://www.ip-watch.org/2012/10/12/un-high-level-meeting-in-india-on-biodiversity-sees-need-for-capacity-building-on-access-and-benefit-sharing/

http://news.indiamart.com/story/lupin-identifies-cancer-drugs-focal-point-japanese-market-169432.html

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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.


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 major's 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. India's

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 India's 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.


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


http://news.indiamart.com/story/dndi-developed-ciplas-anti-malaria-drug-receives-pre-qualification-who-168807.html

http://www.pharmatimes.com/Article/12-10-05/India_revokes_patent_on_Sutent_Pfizer_to_appeal.aspx

Page 7 of 20


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.


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



http://www.thehindubusinessline.com/features/weekend-life/the-rise-of-the-patent-brigade/article4006171.ece?ref=wl_features

http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202574815027&India_Patent_Authority_Has_Big_Pharma_Worried&slreturn=20121006011157

Page 8 of 20


HEADLINES CHINA

Chinese Knockoff Maker

Reportedly Copies,

Patents iPhone 5 Design

China’s Changing

Trademark Environment.

Why You Need To

Register Your Trademark

Campaigns to focus on

China intellectual

property theft

Chinese Telecom Threat

Used to Push

Cybersecurity Bill

Utah Hosts China-U.S.

Intellectual Property

Rights Roundtable

BSA: Global software

theft totaled $63.4 billion

last year

Court finds copyright of

Buddha design valid

TechFaith Sues Samsung

for Patent Infringement

In Search of 'Dexter':

Why You Can't Buy

Pirated DVDs in China

Anymore

ARTICLES

Asia Moving Beyond

Manufacturing, to

Innovation

Chinese Knockoff Maker Reportedly Copies, Patents

iPhone 5 Design

A Chinese iPhone lookalike

manufacturer has reportedly patented

the next iPhone‘s design before

Apple has even released the handset.

The Goophone I5, which was

unveiled in late August, appears to be

an exact ripoff of leaked images and

parts for Apple‘s next iPhone. Blog

Gizchina reports that Goophone has already patented the design of the I5

and could potentially sue or try to block Apple from selling its handset in

China.

The only external difference in design between the GooPhone I5

and what we expect the iPhone 5 to look like is the former‘s 3.5-inch

display, as opposed to the 4-inch display most observers expect on

Apple‘s new handset.


China‟s Changing Trademark Environment. Why You

Need To Register Your Trademark Now.

Registration of trademarks in China has become essential for doing

business in China. We have long advocated prompt China trademark

registration with our clients. For companies that manufacture and export

from China, registration of the English language trademark is essential.

For companies that sell products and services in China, registration of the

existing English language marks and also the Chinese language marks for

the product is essential.

When we first began to push our clients on trademark registration,

we were met with a lot of skepticism. However, as we anticipated, the tide

has turned. Recent reports from China claim that China now has the

largest number of registrations in the world, with over 1.0 million

applications submitted per year. It has now become almost impossible to

do business in China without a full portfolio of registered English and


NEWS CHINA Go to Contents

http://www.wired.com/gadgetlab/2012/09/goophone-apple-iphone/

http://www.chinalawblog.com/2012/09/chinas-changing-trademark-environment-why-you-need-to-register-your-trademark-now.html

Page 9 of 20


WHY IT MATTERS: China

Chinese firms take on

world in IP battle

Campaigns to focus on China intellectual property theft

Intellectual property theft by Chinese companies, a huge concern

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.


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.‖


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


http://www.politico.com/news/stories/0912/81610.html

http://www.thenewamerican.com/tech/computers/item/13153-chinese-telecom-threat-used-to-push-cybersecurity-bill

Page 10 of 20


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.


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.


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 Beijing's Haidian district

selling woodcarvings that looked like his own works. An advertising

leaflet in each package even boasted that the shop "provides Huang

Quanfu's series of Buddha works", the court heard.

After the discovery, Huang's sued the shop and Aika International


http://utahpulse.com/view/full_story/20455739/article-Utah-Hosts-China-U-S--Intellectual-Property-Rights-Roundtable?instance=featured_home_pulse

http://www.fierceenterprisecommunications.com/story/bsa-global-software-theft-totaled-634-billion-last-year/2012-10-22

Page 11 of 20


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.


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 TechFaith's

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 Samsung's GT-B7732 model mobile

phone.


In Search of 'Dexter': Why You Can't 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 People's 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.


http://www.chinadaily.com.cn/cndy/2012-10/24/content_15840726.htm

http://www.sacbee.com/2012/10/24/4934182/techfaith-sues-samsung-for-patent.html

Page 12 of 20


Over the past four years, however, China's 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.


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.


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 he'll get tougher on China's 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 China's growing market, has opted, like George W. Bush

before him, to wait while economic forces encourage Beijing to allow its


http://www.theatlantic.com/international/archive/2012/10/in-search-of-dexter-why-you-cant-buy-pirated-dvds-in-china-anymore/264136/

http://www.economywatch.com/economy-business-and-finance-news/asia-moving-beyond-manufacturing-to-innovation.19-10.html

Page 13 of 20


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 world's second-largest economy, between 2001 and 2010.


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.



http://www.google.com/hostednews/ap/article/ALeqM5j4slea6dGJuT5gbOVjDftIBSyu3w?docId=96bb3a9b508a4f498d8a6bdf58ebb19c

http://www.scmp.com/business/china-business/article/1052555/chinese-firms-take-world-ip-battle

Page 14 of 20


HEADLINES JAPAN

Japan introduces piracy

penalties for illegal

downloads

Kao reaches settlement

with Henkel over hair

dye infringement lawsuit

Mylan Announces

Settlement Agreement

for its First-to-File

Generic Version of

Orapred ODT®

Alnylam Announces

Tuschl II Key Patent

Claims Upheld in

Invalidation Trial in

Japan

Kane Biotech Issued New

Patent in Japan for

DispersinB(R)

Japanese court finds

Apple did not infringe on

two Samsung patents

InDex Pharmaceuticals

Granted Japanese Patent

for Novel Treatment of

Steroid-Resistant

Inflammation

ARTICLE

Japan’s Lost Art of

Innovation

Japan introduces piracy penalties for illegal downloads

Japan-based internet users who download copyright infringing

files face up to two years in prison or fines of up to two million yen

($25,700; £15,900) after a change to the law.

Such activity has been illegal since 2010, but until now had not

invoked the penalties. It follows a lobbying campaign by country's music

industry.

But critics said that efforts should have remained focused on

stopping users making such material available.

In Japan illegal uploads of copyright infringing music and videos

carry a maximum 10 year prison sentence and a 10 million yen fine. Sales

figures suggest the country is the world's second-largest music market

after the US.


Kao reaches settlement with Henkel over hair dye

infringement lawsuit

The intellectual property battle between Kao and Henkel over hair

dyes has been brought to an end after the Tokyo-based firm announced it

had reached a settlement and agreed to drop the case.

Kao filed the infringement lawsuit in Germany regarding foam

type hair color products Perfect Mousse, and in Japan regarding the foam

type hair color products FRESH LIGHT Foam Type Color which

allegedly infringes its intellectual property rights, last year.


Mylan Announces Settlement Agreement for its First-to-

File Generic Version of Orapred ODT®

Mylan Inc. (Nasdaq: MYL) today announced that it has entered into a

settlement agreement with Shionogi Inc. and CIMA Labs Inc. that will

resolve patent litigation related to Prednisolone Sodium Phosphate Orally

Disintegrating Tablets (ODT), 10 mg, 15 mg and 30 mg. Prednisolone

Sodium Phosphate ODT is the generic version of Shionogi's Orapred

ODT®, which is indicated for the treatment of certain pulmonary diseases

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

NEWS JAPAN Go to Contents

http://www.bbc.co.uk/news/technology-19767970

http://www.cosmeticsdesign-europe.com/Business-Financial/Kao-reaches-settlement-with-Henkel-over-hair-dye-infringement-lawsuit

Page 15 of 20


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.


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.


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 Company's unique DispersinB(R) biofilm

technology.

The patent claims the gene encoding DispersinB(R) enzyme and


http://investor.mylan.com/releasedetail.cfm?ReleaseID=712322

http://www.businesswire.com/news/home/20121009005474/en/Alnylam-Announces-Tuschl-II-Key-Patent-Claims

Page 16 of 20


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.


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 Apple's latest

victories in Japan, it's 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

wasn't a major victory.

"Samsung's problem is not that there were two non-wins in Japan,"

Mueller wrote on Monday. "Samsung's 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 hasn't won anything

meaningful outside of Korea, and nothing anywhere in the world over a

non-standard-essential patent."


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-


http://finance.yahoo.com/news/kane-biotech-issued-patent-japan-123000820.html

http://appleinsider.com/articles/12/10/22/japanese-court-finds-apple-did-not-infringe-on-two-samsung-patents

Page 17 of 20


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.


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.‖



http://akampioneer.com/company-news/company-news-index-pharmaceuticals-granted-japanese-patent-for-novel-treatment-of-steroid-resistant-inflammation.html

http://www.globalinnovationindex.org/gii/GII%202012%20Report.pdf

http://thediplomat.com/pacific-money/2012/10/10/japans-lost-art-of-innovation/

Page 18 of 20


Keeping Intellectual

Property on the Hook

can be Neck Breaking of

the Owner

Patent Watch and Monitoring

Keeping Intellectual Property on the hook can be neck breaking for

the owner. Protection of ideas through rights is of great importance for the

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

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EDITORIAL Go to Contents

Page 19 of 20


TTC launches XLPAT!

Free Webinars Organized

by TT Consultants

AIPLA Attendee wins

Amazon Kindle

XLPAT- Patent Tracking Cloud Platform

Keeping pace with the radical changes occurring in the arena of

intellectual property, TT Consultants has introduced XLPAT-private cloud

based patent monitoring software. Along with the cost-effective and

comprehensive prior art search services, TTC now has a customized patent

software.

To experience the highly advanced features of XLPAT, please visit

www.xlpat.com for more details.


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.


TTC UPDATES Go to Contents

http://www.xlpat.com/


mailto:[email protected];%[email protected]?subject=Please%20Provide%20us%20Timely%20Updates%20for%20the%20Webinars%20Organized%20by%20TTC%20


Page 20 of 20


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.

FIRM OVERVIEW Go to Contents

INDIA

CHANDIGARH

Office 8, Tower B, 3rd Floor,

D.L.F Building, I.T park

Chandigarh (U.T)-160101

Mobile: +91-9815006413

Email: [email protected]

GURGAON

Unit number 252, 2nd floor ,Tower B2,

Spaze I-Tech Park, Sector 49, Sohna

Road, Gurgaon-122002

Mobile: +91-9876667711


US

WASHINGTON D.C.

1701 Pennsylvania Avenue, NW,

Washington DC. 20006

Mobile: +1.347.284.6413

Toll Free: +1.888.337.5234


TAIWAN

TAINAN

Room 410,

Tech Transfer & Business Incubation Center,

National Cheng Kung University

No. 1 University Road, Tainan City 701


HSINCHU

Si-Soft Research Center, 1A2,

Li-Hsin 1st Road,

Landline: +886-6-2368814

Mobile: +886-929693711


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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

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