Archives for January 2011
This was certainly a “killer” case in Singapore (couldn’t resist the pun!). The unfortunate party here is KPR Singapore Pte Ltd, the Applicants of the mark “KPR & Device”. The filing of an extension of time to file a Counter Statement in an opposition proceeding in Singaporeafter the expiry of the 4-month deadline given by the Intellectual Property Office of Singapore (IPOS) proved fatal to KPR Singapore Pte Ltd (“the Applicants”).
In the opposition proceeding, PSE Asia-Pacific Pte Ltd (“the Opponents”) opposed the trademark application on 17 June 2010. On 17 August 2010, the Applicants applied for a 2-month extension of time to file their Counter Statement and an extension up to 17 October 2010 was granted by the Registrar. The letter informing the Applicants was sent out and the same letter was copied and sent to the Opponent.
In a recent case at the Makati Regional Trial Court of the Philippines, the world’s largest pharmaceutical company, Pfizer Inc., lost a court action to obtain an injunction preventing a Filipino generic drug manufacturing company, United Laboratories Inc. (Unilab) from producing and selling its version of Atorvastatin Calcium which is the subject matter of Philippine Patent No. 29149. Judge Joselito Villarosa ruled in favour of Unilab in what was considered a classic David and Goliath case.
This epic patent war represents a huge step forward for both parties since battling it out in a string of legal lawsuits recently. In 2009, Unilab had filed a patent invalidation action against Patent No. 29149 at the Patent Office alleging that the patent was invalid as the subject matter of the patent was not novel and inventive at the priority date of the patent. Pfizer Inc. and its co-plaintiff Warner Lambert Co. LLC had then filed a patent infringement action together with a request for a preliminary injunction against Unilab. The patent invalidation action filed at the Patent Office remains pending.