Free Essay

Va Claims

In: Social Issues

Submitted By
Words 1840
Pages 8
Veteran Health Administration Disability Claims


The United States Armed Forces serve the nation selflessly; therefore, they deserve the compensation guaranteed to them by the federal government, especially after engagement in combat. American troops are will begin departing from Afghanistan this year after 11 years at war; however, it seems that the government is not committed in compensating former armed service personnel. This is due to the increasing number of veterans’ claims accumulating in the Veterans Affairs offices. Combat has severe impact on veterans and this impact may not only be physical, but mental as well. Many veterans suffer from post-traumatic stress disorder after witnessing the events of war. As a result, many cannot hold jobs to their families. Regardless of their service, there are more than 400,000 veterans who have not yet received resolution of their disability claims. A claim is considered a backlog case if it takes more than 125 days to be processed. Some veterans have been forced to wait over two years and hence suffered severe financial strains.

Problem Statement

Due to the wars in Iraq and Afghanistan, a vast number of disabled veterans have flooded the Veterans Health Administration system. Although it is the largest health care system in America, it has failed to effectively care for its veterans. There are currently over 400,000 unprocessed medical claims and approximately 265,000 appeals stemming from significant or permanent disabilities sustained due to military service (Dreyfus, 2014). Moreover, from 2008 to 2009 alone, the number of claims grew by 48 percent and the number swelled by an additional 67 percent from 2009 to 2012 (Mukherjee, 2013). Although the Veterans Health Administration has cut the number of claims by approximately 497,000 over the last two years, a 15 percent increase is expected by 2015 (Mukherjee, 2013). Further compounding the problem of the veteran claims backlog is the Department of Defenses projected budget reduction of $75 billion dollars (Dreyfus, 2014). Although the Veteran’s Health Administration has been exempted from budget cuts, TRICARE is not. TRICARE is the health insurance plan for approximately 5 million military retirees who prefer more options for primary care providers; however proposed rate increases may force many of these retirees to opt for care within the Veterans Health Administration system. The annual rate for TRICARE is expected to rise from $680 (2014), to $760 in 2015, to $850 in 2016, then $893 by 2017 (TRICARE, 2014). Due to the country’s financial woes and the fact that the United States government funds the Veterans Health Administration, the claims backlog issue may be viewed in an economic context. Current funding for fiscal year 2014 is set at $153.8 billion dollars, an $80.7 billion dollar increase since fiscal year 2016 (see appendix 1 for a complete financial historical perspective). The vast amounts of money required in funding veterans health has a major impact on the United States economy and may result in policies that cut money from other government programs. The governing context is also an environment in which the problem of veterans claims backlog exists, as the House Committee on Veterans Affairs has the responsibility of administering and reviewing veterans' programs, recommending new bills and examining current laws and amendments (House, 2014). Senator Martin Heinrich is currently leading a working group which hopes to enact the 21st Century Veterans Benefits Reform Act, which aims to strengthen congressional support for veteran affairs and eliminate past problems (Heinrich, 2014). The political context also relates to the veterans claims backlog. The House Committee on Veterans Affairs is a 25-member bi-partisan commission that works with several interest groups such as the Concerned Veterans for America, Air Force Sergeants Association and Disabled Americans Veterans to ensure the protection of veteran rights. Instrument of Public Policy
As a sub-department of the United States Department of Veterans Affairs, the federal government is directly responsible for the operation and management of the Veterans Health Administration. Unfortunately, the current system of management has been ineffective and calls for strict regulation. Regulation is one of the best-known policy instruments and may be applied to ensure compliance by units of government (Kraft & Furlong, 2013). Additionally, this policy implementation instrument the can enforce accountability by those responsible for failing to comply with established directives. According to the Administration Conference of the United States, an agency dedicated to improving operational and administrative practices across the government, the Department of Veteran Affairs established an operational management review process in 2009. The onus of this process is to monitor aspects of planning, cost control, scheduling, performance targets and resource management, along with 11 other major initiatives (ACUS, 2013). The overall objective of the operational management review process is to implement practices, which support continuous improvement and sustain efficiency. The backlog of veteran claims demonstrates that the process has failed to yield the desired results; therefore, there is an obvious need for external government intervention. Another example of the need for regulation is that in 2008, the Government Accountability Office estimated that the Departments of Defense and Veterans Affairs squandered more than $4 million dollars in cost towards health care program databases that have never been functional (GAO, 2009). If regulation were applied as an instrument of public policy, this problem may have been avoided.

Solutions to the Claims Backlog

One alternative to eliminating the backlog of veteran claims is to completely overhaul the Department of Veteran Affairs and the Veteran Health Administration’s leadership. Currently, Eric Shinseki is the Secretary of Veterans Affairs and he has not been held accountable for his department’s problems. The President of the United States, who has the authority to remove Shinseki from his position must demand change in the current situation or ensure accountability by firing him. The CVA has received support from the Senate as 67 Senators signed a letter urging the President to seek a solution. This follows a similar letter signed by 26 members of the House of Representatives (Hegseth, 2013). Hegseth (2013) argues that all military veterans are also calling for changes hence it may be difficult for Obama’s administration to ignore these calls. The CVA is also conducting campaigns aimed at educating the public on the VA’s poor performance so as to gain more support from members of the public. Hegseth (2013) argues that it seems the VA has received the message from the public of its disastrous performance and calls for changes. As a result, it has taken measures intended at reducing the backlog of veterans’ claims. For example, performance bonuses for the executives responsible for the delays have been withheld (Hegseth, 2013). Investing in employees by allowing for overtime and introducing advanced training programs is another alternative to resolving the issue of veteran claims backlog. The additional time will allow employees to process more claims and performance can be improved through training of enhanced techniques or knowledge that improves their efficiency. Additionally, the department should offer productivity incentives to encourage the employees to want to work more hours. The employees’ performance can also be improved by making them begin processing the oldest cases first. Processing the old cases first will enable veterans that returned home earlier to receive their compensation first. It will also reduce the cases of backlog since the remaining cases will not have exceeded the 125 days period.


In conclusion, the Department of Veteran Affairs has failed in taking care of the former service men and women., evidenced by the fact that over 400,000 disability claims have not yet been processed. As a result, many veterans and their beneficiaries have been unable to receive compensation for their service to the nation. A disability claim is considered a backlog in the event that it takes over 125 days to be processed (Rieckhoff, 2014). However, there are those veterans that have waited up to about two years for their claims to be processed. In the period that the veterans are waiting, they are normally faced with serious financial strains (Rieckhoff, 2014). These individuals have suffered physically and mentally in the wars. Therefore, they are not able to hold jobs and cater for their families. It is not fair for the veterans to wait for long period to receive their benefits after their service (Rieckhoff, 2014). The government should therefore keep its word and provide the benefits so that the veterans and their families can live a better life after the wars. There are various reasons why there is an accumulation of veterans’ disability claims but the primary reason is the policy formulation process in America (Rieckhoff, 2014). There are numerous interest groups in America representing different issues. For the government to make a decision on an issue, the interest groups have to attract the government’s attention. However, the competition among the interest groups is very stiff (Rieckhoff, 2014). As compared to some of the interest groups, Concerned Veterans of America is not well organized and also does not have vast resources. As a result, it does not have enough bargaining power to attract the attention of the government to act on the issue of claims backlog. The government does not also depend on solving claims backlog so as to build the economy (Rieckhoff, 2014). As a result, it does not favor this issue as compared to other issues such as public health and national expenditure. The most suitable alternatives that the Concerned Veterans of America can use to attract the attention of the government is proposing the use of an automated processing system and boosting the performance of the department’s employees. These alternatives are effective, efficient and also technical feasible. They will facilitate the reduction of the disability claims, will not consume a lot of effort and resources plus they are also practical. As a result, the government will be inclined to implement changes at the Veteran Affairs department so as to reduce the backlog of disability claims. References

Attig, C. (2014). 5 Reasons the VA Keeps Screwing up Your VA Claim.: And How You Have the Power to Fix It! New Jersey: Satisfied Mind, LLC. Hegseth, P. (2013). Picking Up the Steam: Growing Push for VA Accountability on Claims Backlog. Retrieved from House Committee on Veterans' Affairs. (n.d.). House Committee on Veterans' Affairs. Retrieved May 1, 2014, from Kraft, M., & Furlong, S. (2013). Public Policy: Politics, Analysis, and Alternatives (4th Ed.) Washington D.C.: CQ Press. Mukherjee, S. (2013). America’s Health Care Safety Net Fails Thousands of Veterans Each Year. Retrieved from Rieckhoff, P. (2014). Texas’ shameful backlog on VA claims. Retrieved from TRICARE, (2014). Proposed TRICARE Fee Changes | (n.d.). Proposed TRICARE Fee Changes | Retrieved April 23, 2014, from

Similar Documents

Premium Essay

Hoover Co. V. Bissell Inc

...I. Synopsis: Case: The HOOVER COMPANY, Plaintiff, v. BISSELL INC., Defendant. No. 5:98-CV-1088. United States District Court, N.D. Ohio, Eastern Division. March 19, 1999. A. The Hoover Company History: Hoover vacuum cleaners have markets in the United States and Canada. In addition to vacuum cleaners, Hoover also produces and sells high quality washers and dryers. Maytag acquired The Hoover Company in 1989, providing Maytag an important foothold in the highly competitive international market. The company roots back to 1827, when Henry Hoover established a plant near Canton, OH. 80 years later led to him and his sons selling vacuum cleaners after purchasing rights to an electric suction sweeper, which was invented a year before by a guy named Murray Spangler. In 1908, Hoover bought Spangler’s patent, kept him as a partner and soon named the company Hoover Suction Sweeper Co. Hoover than began marketing the sweeper in stores all throughout the country. By 1921, Hoover had gone global and by 1923, sales reached $23 million. Hoover today specializes in all floor care and is a continued leader in the industry (Hoover: Fundinguniverse, 2006). B. Bissell Inc. Company History In 1876, Melville Bissell began marketing his carpet sweeper invention with revolving brushes. The revolving brushes picked up the dust and dirt and deposited it inside the sweeper housing. Being dependent on the rotation of the wheels to drive the sweeping mechanism, it only removed debris......

Words: 1456 - Pages: 6

Premium Essay

Intelectual Property Outline

...A. Overview of Intellectual Property (Book 24-30) 1. TRADE SECRETS (Outline pgs 3-11) ▪ Trade secret laws are State law doctrines that protect against the misappropriation of certain confidential information. o There is no federal statute ▪ A form of private IP law under which creators establish contractual limitation or build legal fences that afford protection from misappropriation. ELEMENTS: a. The information must be Secret. a. Relative, not absolute, secrecy is required. b. The owner must take Reasonable step to maintain secrecy. a. Once a trade secret is disclosed, protection is lost. c. There is some economic or competitive advantage to the owner. i. Misappropriation of Trade Secret: 1) Where the secrets were obtained by theft or other improper means. 2) Where they were used or disclosed by the D in violation of a confidential relationship. ▪ Trade secret does not prevent competitors from “reverse engineering” which is permitted. 2. PATENTS (Outline pgs 12- 31) a. 5 Requirements: 1) patentable subject matter (g.15) 2) utility (pg.16) 3) Description & Enablement (pg.17) 4) novelty & Statutory bar (pg.19) 5)......

Words: 13010 - Pages: 53

Free Essay

Case 2 Research in Motion

...In this case we will be talking about the company RIM (Research in Motion) and some of the Challenges they faced to protect their Intellectual Property. Research in Motion is best known as the developer of the Blackberry smartphone. Research in Motion was involved on several Patent Litigation with the different competitors. On 1999 Glenayre Technologies (formerly known as Glenayre Electonics) filed a patent infringement suit against RIM claiming that the Inter@ctive pager line used Glenayre’s power-generation from dual battery process. This litigation caused a delay on RIM’s contract renewal with the BellSouth company and also their quarterly earnings report came with lower than expected results. In order to get new customers RIM signed an agreement with Dell Computer and Dell started selling Blackberry to large corporate accounts. On 2001 RIM replied back to Glenayre filing a suit against them for infringing on RIM’s “Single Mailbox Integration” patent. Research in Motion won this patent and allowed them to collect royalties from other mobile device makers that were planning on utilizing this technology. On 2002 Research in Motion filed the first of four suits against Good Technology for misappropriation of trade secrets, this dispute continued until 2004 where they settled an agreement. Good Technology agreed to pay a sum of money and quarterly licensing fees. Another legal dispute was the patent for the keyboard design against Handspring for its Treo device but...

Words: 793 - Pages: 4

Premium Essay

Bba Bahria University Islmabad

...August 2011 I realized recently that we may be able to solve part of the patent problem without waiting for the government. I've never been 100% sure whether patents help or hinder technological progress. When I was a kid I thought they helped. I thought they protected inventors from having their ideas stolen by big companies. Maybe that was truer in the past, when more things were physical. But regardless of whether patents are in general a good thing, there do seem to be bad ways of using them. And since bad uses of patents seem to be increasing, there is an increasing call for patent reform. The problem with patent reform is that it has to go through the government. That tends to be slow. But recently I realized we can also attack the problem downstream. As well as pinching off the stream of patents at the point where they're issued, we may in some cases be able to pinch it off at the point where they're used. One way of using patents that clearly does not encourage innovation is when established companies with bad products use patents to suppress small competitors with good products. This is the type of abuse we may be able to decrease without having to go through the government. The way to do it is to get the companies that are above pulling this sort of trick to pledge publicly not to. Then the ones that won't make such a pledge will be very conspicuous. Potential employees won't want to work for them. And investors, too, will be able to see that they're......

Words: 679 - Pages: 3

Premium Essay

Barrack Obama

...ALL ABOUT PATENTS IN BOTSWANA Procedures for filing patent applications in Botswana Filing requirements for national phase PCT applications are as follows: * Power of attorney (simply signed; can be late-filed within one month) * Copy of published international application (required on the day of filing) * Specification, claims and abstract in English, if publication not in English (required on the day of filing) * Copy of international search report (can be late-filed, no set deadline) Filing requirements for invention patents are: * Power of attorney (simply signed; can be late-filed, within one month) * Specification, claims and abstract in English (required on the day of filing) * Formal drawings, if applicable (required on the day of filing) * Assignment of invention (can be late-filed, no set deadlines) How long will it take to register a patent and what are the standard costs? Approximately three years from filing. The official fee for filing a Botswana patent application is P300 (approximately $40) and the official fee for grant and publication is an additional P300. What is the scope of patent protection in your jurisdiction? A Botswana patent for a product confers upon the patentee the right to preclude any other person from making, importing, selling, using the product, or offering it for sale. What types of inventions or ideas can be patented? Are there any notable or unusual exceptions? An invention......

Words: 1483 - Pages: 6

Premium Essay


...Ttools case study The goal of this analysis is to understand the opportunity and challenges ttools faces and advise them on the best approach to go forward. Ttools has created a unique all –in-one stylus for PDAs which also functions as regular ink pen. They have a successful utility patent and are facing a few challenges in patent infringement, marketing & distribution. Ttools has to decide whether they should compete, negotiate or litigate against Palm/IDEO for their product. To choose the best option going forward, we will look at the each of the options in depth and analyse the potential impact on the outcome. Competing against Palm Currently ttools uses Palm’s distribution channels (InSync online) to target potential customers. Competing against them would require ttools to aggressively spend resources on marketing and distribution channels that currently don’t exist. As the case mentions, the total cost of manufacturing a single unit costs approximately $2 with a mark-up of $9.95, the extra resources would drive the profit margins much lower. With a lower profit margin and lack of resources to scale the market, Palm would certainly out size ttools in pricing and marketing/distribution with an abundance of resources and large market share. Negotiate with Palm To continue using Palm as their primary distribution platform, ttools would effectively nullify their patent to reach an agreement. InSync platform reaches 50,000 of Palm’s customers, total potential revenue......

Words: 722 - Pages: 3

Premium Essay

Patent Warfare

...Patent Warfare Per your request I reviewed the lawsuit notice and believe our company can handle the matter without litigation saving us time and money. Our first course of action should be to propose collaboration with the accuser in order to continue innovation. If the accuser turns out to be a patent troll or in other terms in the business of strictly making money on infringement cases we will have the case arbitrated by a subject matter expert. I recommend we offer the accuser a chance to collaborate with a business which recently launched a great new product supported by Apple iOS and Google Android platforms. Instead of being a killer of creativity the accuser might be a legitimate technology developer such as our company. The accuser may be more interested in developing newer and better versions of its product instead of getting a onetime payout. Collaboration will save both parties time and money by avoiding a long and expensive court case. It will also benefit both parties to share research and new ideas (Laudon, 2012). Nokia and HTC are a recent example of collaborations as they entered “into a collaboration agreement to provide access to each other’s patented technology to explore future projects” (Shankar, 2014). Working together will provide our business with new innovations making us more competitive. New innovations will develop an opportunity for new registered patents to our company, providing a defense system for possible future law suits. ......

Words: 856 - Pages: 4

Premium Essay

The Patent Pledge

...realized recently that we may be able to solve part of the patent problem without waiting for the government. I've never been 100% sure whether patents help or hinder technological progress. When I was a kid I thought they helped. I thought they protected inventors from having their ideas stolen by big companies. Maybe that was truer in the past, when more things were physical. But regardless of whether patents are in general a good thing, there do seem to be bad ways of using them. And since bad uses of patents seem to be increasing, there is an increasing call for patent reform. The problem with patent reform is that it has to go through the government. That tends to be slow. But recently I realized we can also attack the problem downstream. As well as pinching off the stream of patents at the point where they're issued, we may in some cases be able to pinch it off at the point where they're used. One way of using patents that clearly does not encourage innovation is when established companies with bad products use patents to suppress small competitors with good products. This is the type of abuse we may be able to decrease without having to go through the government. The way to do it is to get the companies that are above pulling this sort of trick to pledge publicly not to. Then the ones that won't make such a pledge will be very conspicuous. Potential employees won't want to work for them. And investors, too, will be able to see that they're the sort of......

Words: 593 - Pages: 3

Premium Essay

Mirror Worlds vs. Apple, Inc.

...Running Head: MIRROR WORLDS VERSUS APPLE, INC. 1 Mirror Worlds versus Apple, Inc. Willful Infringement MIRROR WORLDS VERSUS APPLE, INC. 2 ABSTRACT This paper will discuss the lawsuit filed by Mirror Worlds LLC against Apple, Inc. for infringement of four patents owned by Mirror Worlds. Mirror Worlds’ patents cover intellectual property; namely that of digital and visual media and the consolidation and sorting thereof. The jury’s verdict in this case awarded Mirror Worlds a substantial amount of money for damages caused by the supposed willful infringement of Apple, Inc. In addition, Apple, Inc.’s arguments, namely involving the claim of willful infringement, evolving into a counterclaim against Mirror Worlds will also be discussed. Keywords: intellectual property, patents, infringement, software, documents, counterclaim, willful infringement MIRROR WORLDS VERSUS APPLE, INC. 3 Mirror Worlds versus Apple, Inc. Willful Infringement In February of 2010, the United States Patent and Trademark Office, USPTO, granted Apple Inc. a design patent on Cover Flow, which covers the design and display of specific documents, but not the functionality. “A patent is a legal right, for a limited term, to exclude others from using, selling or making an invention or discovery.” (Kay, Millonzi and Passannante, 2001). Patent D609715 regards an “animated graphical user interface for a display screen or portion thereof. The process or period in which an image transitions......

Words: 2081 - Pages: 9

Free Essay


...Document hosted at [Name and address of Target’s Counsel] and address of Target’s Dear [Attorney]: Dear [Attorney]: The The following is a list of certain documents that we would like to review in connection is a list of certain documents that we to review in connection with the proposed acquisition of [Name of Target] (the “Company”). During the course of our the proposed acquisition of [Name of Target] (the “Company”). During the course due diligence documents meeting the specifications of the following due diligence review, additional documents meeting the specifications of the following list may may come documents be forwarded to us. come into existence. If this occurs, we ask that copies of such documents be forwarded to us. In existence. If this occurs, we ask addition, is likely that some of the items requested addition, it is likely that some of the items requested do not exist or are not applicable to the not exist or are not applicable the Company. If this is the case, please so indicate in your response as set forth in Company. If this is the case, please so indicate in your response as set forth in this request. We further ask that all responses to this memorandum be in writing and directed to the attention ask all responses to this memorandum be in writing and of [Attorney’s name and firm’s address]. [Attorney’s name and firm’s address]. Whenever Whenever we have......

Words: 6772 - Pages: 28

Premium Essay


...authority. <p>Your browser does not support iframes.</p> This led to a legal struggle between the two parties. The respondents had filed 23 revocation petitions before the Appellate Board, praying for the revocation of the patents held in the name of the appellant. They had also filed counterclaims, in response to the patent infringement suits brought about by the appellants. The litigation had now reached the Supreme Court, in order to determine the correct course of action to be adopted, in the light of compound proceedings having been invoked by the two parties. One of the questions before the court was whether the challenge, having been raised by the defendant through a counter-claim, can only be determined at the hands of the High Court, i.e., while dealing with the counter-claim....

Words: 4288 - Pages: 18

Premium Essay


...a) In the MTG section 10-402 it says that expenses such as this is fully deductible if functions like these are held on the business premises. It doesn’t clarify in the assignment question where these barbeques are held. Gray engineering can only claim 50% of the expenses to do with the barbeque held for staff on the Fridays. $1500 x 0.50 = 750 $1200 x 0.50 = 600 750 + 600 = $1350 is deductible. $10,000 of the promotion expenses are fully deductible as stated in the MTG 10-402 under Entertainment Exclusions. $5,000 spent on morning tea and refreshments is fully deductible as stated in the MTG 10-402 under, Entertainment. Are all the expenses deductible? No. $1,350 + $10,000 + $5,000 = $16,350 is deductible. Gray Engineering cannot claim the $17,700 in full. Only $16,350 is allowable. b) The $34,000 that was received for the repairs of the building is included as income as it is said under Insurance payments for depreciable property on the IRD website. ($40,000 was the total for the repairs. $6,000 is exceeding the amount paid out). So, the $6,000 excess that wasn’t covered in the insurance payment is an addition to the adjusted assets tax book value. This is found in the MTG 5-049. The $46,000 that Gray Engineering claimed is correct for the loss of income for the two days no work was able to be done. This is shown in the MTG 5-045. Gray Engineering included the full $80,000 in its 2014 return. On the IRD website under Insurance payments for......

Words: 461 - Pages: 2

Premium Essay

Business Law Essay

...Business can be a difficult field to work in. Companies are there to make money. Investors of companies, partners, and owners, all want the company to earn more profits and continue to increase the value of the company. At the same time, every individual in business would like to increase their net worth as well. Throughout this course we have been learning about different aspects of business law, particularly how it pertains to starting a business. As I have read articles in the Wall Street Journal, I have come to realize how much a business (whether it be a start-up or not) will go at lengths to gain a leg on competition. I noticed three ways in particular we may see this: patent infringement, bribes, and kickbacks. By these three we can see that there is an ethical issue in business, because businesses are willing to do what is not ethically right to gain an advantage. To begin with let us dive into patents. As explained in the text of book for class, patents can provide powerful protection on new products, processes and inventions (Bagley and Dauchy, 542). It is not so much the benefits that can come from having a patent but the weaknesses that can occur. Some weaknesses listed in the book include: “High standards of patentability; often expensive and time-consuming to pursue; must disclose invention to public” (Bagley and Dauchy, 572). It is that last weakness that can be an issue with dealing with patents. In the articles that I have had the opportunity to study;......

Words: 1460 - Pages: 6

Free Essay

What Is Patent Infringement

...patent…your rights with a patent…your competitors’ rights with a patent…the strength of a patent. The best way to understand a patent is to understand how a patent is infringed. So, we know the power of the patent is in the claims. This is where the inventor defines his or her patent rights; his or her ENFORCEMENT rights. So, let’s try to infringe some claims. We’ll use a simple example. Let’s imagine we can get a patent on anything. Let’s get a patent on a basic chair. Imagine a world without chairs…pretty scary…all we can do is sit on rocks. Not comfortable. Hard to move around. So, we invent the first chair. And we know we’re on to something. Everyone will want to buy this. So, we go to a patent lawyer and get a patent. Here is the claim. (Visually display the elements) • An apparatus for sitting comprised of • a seat, • a back, and • four legs. All of these elements make up one independent claim. And this would be a great claim. It would come at the end of a patent document which could be a few or even dozens of pages of text and drawings describing how to make it and how to use it. (Patent visual running through page after page of drawings then text…then narrow in on a claim). What can we do with this patent… with this claim? Well, first, in our scenario, let’s pick a country. We need to do that because each patent is only useful and enforceable in the country that issued it. So, for simplicity, let’s say this is a US......

Words: 1539 - Pages: 7

Free Essay

Management of Intellectual Property

...Case 1 KRISHNA JAJODIA | 1402079 Plaintiff vs Defendant Garware-Wall Ropes Ltd Techfab India And 5 Ors. Case : Patent infringement The Case (Facts) Gujarat High Court Bench: M Shah, K Puj Appellant is a well reputed manufacturer and seller of synthetic ropes, twines and yarns, nettings and various rope products including Geosynthetic products and systems. One of such products manufactured and sold by the appellant is known as Synthetic Rope Gabion, referred to as SRG Invention in the plaint of the suit. SRG Invention, developed by the appellant through its exhaustive R&D experiments was granted a Patent Such claim for a patent by the appellant was published in the Gazette of India for opposition, if any on 04.02.2005. As there was no opposition, the Controller of Patent sealed the patent on 13.05.2005. It bears a Patent No. 195352 in favour of the appellant. Appalent’s appeal The respondent 1 has infringed their patent and started manufacturing and selling of product similar to SRG invention The respondent Nos. 2 to 6, who were serving with the appellant and were closely connected with the affairs of the appellant's patented SRG Invention, were absorbed by respondent No. 1. The injunction application was heard by this Court and vide CAV Judgment dated 13.07.2006, the Learned Single Judge has refused to grant the interim injunction as prayed for by the appellant. Mr. Kamal Trivedi, learned Senior Counsel appearing with Mr. Y. J. Trivedi for the appellant has submitted...

Words: 1871 - Pages: 8