Issue #53: Samsung’s Back AGAIN?!
Welcome to the 53rd edition of OIA!
Here are the latest 🌶 headlines in APAC:
Ling Yah
P/S: Know of any interesting seminarshappening? Drop us a note at editor@overheard.asia!
P/P/S: Scroll to the bottom of this newsletter to find out where you can find the food featured above!
Settled!
Panacea Biotec and Sanofi Healthcare India have reached a settlement in their high-profile patent infringement dispute over a hexavalent vaccine. The agreement marks the end of a three-year legal battle that began in May 2021.
🍿 What Happened?
At the heart of the dispute was Panacea Biotec's EasySix, a fully liquid hexavalent vaccine protected by patent IN272351. The company had sought to prevent Sanofi from launching its rival product, Shan6, alleging potential infringement of its intellectual property rights. The legal action was initiated after Sanofi received marketing approval for Shan6 from India's Drugs Controller General.
Under the terms of the settlement, Sanofi has agreed to refrain from directly or indirectly launching Shan6 in the Indian market for the time being. Additionally, the French pharmaceutical giant will withdraw its oppositions to Panacea Biotec's patent amendment application before the Indian Patent Office.
The Delhi High Court, which had been hearing the case, disposed of the suit on 13 September 2024, following a joint application by both parties.
This resolution comes after Sanofi had previously undertaken not to manufacture or market any product infringing the amended claims of Panacea's patent during court proceedings.
Panacea Biotec has hailed the outcome as a validation of its innovation capabilities, noting that EasySix is the first fully-liquid hexavalent vaccine developed in India and is patent-protected in several countries. This settlement not only secures Panacea's position in the Indian market but also reinforces the importance of robust patent strategies in the competitive landscape of vaccine development.
A Media Battle
Zee Entertainment Enterprises Ltd's battle with Disney's Star India over a terminated cricket broadcasting agreement has now escalated to the London Court of International Arbitration ("LCIA") in the form of a staggering USD 940 million claim.
🍿 What Happened?
The controversy stems from an USD 1.4 billion agreement inked on 26 August 2022. Under this deal, Star India was to license television broadcasting rights for International Cricket Council events to Zee for a four-year period. However, the partnership crumbled in January 2024 when Zee withdrew, alleging contract breaches by Star India and seeking a repayment of Rs 68.54 crore.
Star India countered by initiating arbitration proceedings, quantifying their damages at USD 940 million in their Statement of Case filed on 16 September 2024. They're also pursuing associated costs, expenses, and applicable interest until full payment.
Zee, for its part, has vehemently denied all claims and assertions made by Star India.
In a statement to the exchanges, Zee emphasised that the arbitration is still in its nascent stages, with the LCIA Tribunal yet to assess any potential liability on Zee's part. The Mumbai-based broadcaster has pledged to "strongly contest all unfounded claims by Star" on merits.
👀 Industry Shifts
This legal tussle unfolds against a backdrop of significant industry shifts.
Zee recently settled a separate dispute with Sony Pictures Networks India following a failed merger attempt. Meanwhile, Walt Disney has inked a binding agreement to merge its India unit with Viacom 18 Media Pvt., part of billionaire Mukesh Ambani's media empire, creating an USD 8.5 billion entertainment powerhouse.
Who said that media giants are a source of entertainment in and of themselves?!
Don’t Use My Patent!
In our last OIA edition, we touched on Samsung Electronics' class action woes in Thailand.
This week, we're covering yet another Samsung arm involving patent infringement proceedings that Steelhead LNG, a Vancouver-based developer, has initiated against Cedar LNG and Samsung Heavy Industries in South Korea.
🍿 What Happened?
The lawsuit, filed with the Seoul Central District Court, alleges that Cedar LNG and Samsung Heavy's activities infringe on Steelhead LNG's Korean patent. At issue is the construction of Cedar LNG's floating LNG export facility in Kitimat, British Columbia, which Samsung Heavy was contracted to build alongside Black & Veatch.
Steelhead LNG's patent covers a novel approach to LNG export facilities, incorporating electric drive compressors, air cooling modules, and integrated storage. The company claims this technology achieves substantial carbon emission reductions and mitigates environmental impacts associated with traditional cooling water systems.
The legal action seeks to halt the construction of Cedar LNG's facility, secure damages for unauthorised patent use, and obtain an injunction against further infringement.
Steelhead LNG's president, Victor Ojeda, stated that the lawsuit became necessary after multi-year efforts to resolve the dispute amicably were unsuccessful.
👀 Hmm
Will this influence technology transfers and collaborations will unfold among global energy players in the future?
Only time will tell.
Spotlight: Janet Chai
What is your current role?
I am a partner specialising in commercial and construction disputes at a law firm where I was trained since completing my pupillage in 2006. I am currently working on several cases, including one that was recently covered in the news. In this case, the Government of Malaysia was ordered by the High Court to transfer a significant piece of prime land to a private entity, giving effect to a 2009 order that found the Government liable for a flawed compulsory acquisition process carried out in the 1950s.
What is your proudest achievement?
I don’t have one single proud achievement. To this very day, I am still learning every day from my partners, colleagues, clients, peers, friends and family - working on improving my skills, my practice and myself.
If you had 25 hours in a day, what would you do with the extra hour?
I would use that extra hour to catch up on things I had to miss or could not complete - whether it is spending time with family and friends, hitting the gym or scheduling running plans, catching up on work or reading, or simply resting and relaxing.
If you weren't a lawyer, what would you be?
I have been asking myself the same question for the past 15 years. I still cannot think of what else I would rather do. Till today, I feel immensely proud to say that I am a member of the Malaysian Bar and upon reflection of my practice, I do feel a sense of satisfaction from all that I have learnt and experienced. More importantly, the profession itself has introduced to me many good friends and colleagues, all of whom I treasure.
Your favourite food haunt is...?
I have too many favourites to list - Raju’s for roti canai, MTR for thosai, Verandah for banana leaf rice and the Regent for steamed pork patty, to name a few that I really enjoy.
Food Reveal
This place was an unexpected find during one of our evening strolls at Petaling Street, Kuala Lumpur.
Kim Yong Gee Beef Noodle 金鏞记牛腩 has been around since 1914 and is known for its massive beef noodles - they've sold over 1 million bowls!
The broth is very rich and comes with a variety of toppings including striploin, beef brisket, tongue, tendon, navel and beef ball. If you come in the morning, you can find some classic Malaysian choices including butter kata toast, half boiled eggs and apam balik buns.
A solid choice if you're looking for a hearty meal!
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David Grief was described as "the Law's Middleman" (Business Times, 2021). You can reach out to him at dg@davidgrief.com if you need help identifying the right lawyer, arbitrator or expert for your matters, or even if you just want to grab a drink 🍵🍺 with someone who has managed and mentored lawyers for almost 5️⃣0️⃣ years!