Talwar and Talwar Consultants Newsletter Vol 6

CONSULTANTS
Applying Intelligence to IP - Globally

NEWSLETTER
Ranging from Innovations to Intellectual Property

Vol. 6,
Nov - Dec’2012

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

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 firm's 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

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DNDi-developed Cipla's ―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 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).


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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

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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).

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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

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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


Page 7 of 20


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.
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 Can't 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



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.


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
Page 9 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

Page 10 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.

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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
Page 12 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.


Page 13 of 20


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 country's 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 world's second-largest music market
Generic Version of after the US.
Orapred ODT®
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 Shionogi's 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



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

Page 15 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-

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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.‖


Page 17 of 20


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
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Page 18 of 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.


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!

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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.


Page 19 of 20


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

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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
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
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Talwar and Talwar Consultants Newsletter Vol 6

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