Court : Chennai
Reported in : 2009BusLR478; 2009(1)CTC32; LC2009(2)36
..... to have attempted to justify his order by filing a counter affidavit to this writ petition. the affidavit shows a rather biased attitude of the deponent who granted the patent to the fourth respondent. therefore, while setting aside the grant as above, we direct the second respondent to assign the consideration of the petitioner's pre-grant opposition ..... under:given the importance of the issues, the government undertook broad-based and extensive consultations involving different interest groups on aspects critical to the changes which were necessary in the patents act, 1970. these included country-wide interactive sessions with various interest groups, including scientists, academicians, economists, representatives of various industry sectors (such as pharmaceutical, biotech, and software), ..... .16. a perusal of the rules will show that on consideration of the representation from the objectors, if the controller is of the opinion that the application for patent shall be refused or the complete specification requires amendment, under rule 55(4) he shall give notice to the applicant to that effect along with the copy of ..... representation only when a request for examination of the application has been filed.(3) on consideration of the representation if the controller is of the opinion that application for patent shall be refused or the complete specification requires amendment, he shall give a notice to the application to that effect along with a copy of such representation.(4) .....Tag this Judgment!
Court : Chennai
Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)
..... date. the applicant/plaintiff has been manufacturing and selling food-grade laminated paper resembling a banana leaf ever since the year 2000. by virtue of grant of patent under patent no. 189079 with effect from august 2000, he is exclusively entitled to manufacture the artificial food-grade laminated paper resembling a banana leaf. the applicant/plaintiff further ..... in o.a. nos. 494 and 495 of 2006 respectively, praying for an ad-interim injunction restraining the respondents/defendants from in any manner infringing his registered patent under patent no. 198079 in respect of 'food-grade laminated paper, method and apparatus for manufacturing the laminated paper', by manufacture and sale of products identical to the product ..... started manufacturing the same product and selling in the market. messrs.wockhardt limited has filed a suit for permanent injunction restraining messrs. hetero drugs limited from infringing the patent, emr and from manufacturing the said pharmaceutical preparation and pending disposal of the same, orders of interim injunction were prayed for and the said petitions were dismissed. ..... upheld. 40. in : (2006)1mlj542 - wockhardt limited v. hetero drugs ltd. and ors. , messrs. wockhardt limited a pharmaceutical company is the holder of the process patent, exclusive market rights and drug licence for the manufacture of pharmaceutical preparation, namely, nadifloxacin 1% cream. the first respondent in the said case namely hetero drugs limited had infringed .....Tag this Judgment!
Court : Chennai
Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)
..... with the diameter of bore ranging from 45 mm to 70 mm, two spark plugs for lean burn, etc. the respondent, who claims to have adopted either honda patent or avl patent which is the licensor of the respondent, has chosen to have the diameter of the bore as 54.4 mm, which is certainly not a large engine, but a ..... or economic significance cannot be scrutinised and the meaning has to be restricted. according to him, either economic significance or technical advancement cannot be a subject matter of the patent.16(a). he would submit that there must be nexus between the provisional specification and the complete specification and the complete specification must be based on provisional specification as per ..... specification must meet the original claim made by a patentee and that should be taken as the scope of intention. his submission is that while deciding about the infringement of patent, the patentee property should be construed and it must be compared with the defendant's product. he submits that there is remarkable variation between the provisional specification, complete specification ..... booked is not ascertainable immediately. in such circumstances, it is ordered that the respondent shall not receive any further booking in respect of the motorcycles containing the disputed engine technology patent. insofar as the motorcycles already booked/ the respondent is at liberty to deliver them subject to the following direction: that is the respondent is directed to maintain accounts for .....Tag this Judgment!
Court : Chennai
Reported in : LC2009(2)139; 2009(40)PTC689(Mad)
..... para 39, the appellant has explained about the operation of three valve configuration in the internal combustion engine, the operation of which has been patented in patent no. 196636 dated 25.05.2000.73. besides the above, the set of photographs filed by the appellant in volume viii of the typed ..... subject matter has not fallen in public domain or that it does not form part of the state of the art;section 2(m) 'patent' means a patent for any invention granted under this act;(ii) section 3 falling under chapter-ii mentions as to what are all not inventions.(iii) section ..... sufficient detail the disadvantage of using a single spark plug, as opposed to using twin spark plugs located preferably diametrically to each other (us patent 4177783 too contains a similar arrangement). this is because of better-controlled ignition timing in the latter and lesser time taken for the flame to ..... characteristics of the product of the appellant in its 125 cc motor cycle called 'flame' having everything similar and identical to that of the patented product of the respondent except the three valve arrangement and the third valve being a cosmetic one, the allegation of infringement is fully established and ..... of an internal combustion engine with improved combustion capacity. by pointing out the same, the learned senior counsel contended that the teaching of the patent of the respondent's invention was a combination of twin plug configuration in a small bore engine with twin valve facility along with other .....Tag this Judgment!
Court : Chennai
Reported in : 2003(27)PTC343(Mad)
..... in india as well as in various other countries. the plaintiff came to know that the first defendant has been manufacturing and selling autogas conversion kit verbatim copying the registered patent and designs of the plaintiff with the offending trade mark raajan auto gas in chennai through their branch offices at vellore and coimbatore. it is a reproduction of the plaintiff ..... is an italy based company carrying on exclusive business throughout the world pertaining to auto gas conversion kit manufactured by them with a novel design and the same has been patented in various countries. since 1979, the plaintiff has been using the manufacturing the said auto gas conversion kit under the trade mark 'lovato' and 'lovato autogas' from italy and ..... permanent injunction restraining the defendants, their servants or agents or anyone claiming through them from in any manner passing off the plaintiffs auto gas conversion kit bearing the offending design, patent either by using the trade mark 'lovato autogas' or the trade mark raajan auto gas or any other mark or marks as and for the well established auto gas conversion ..... 'lovato autogas' or the trade mark raajan auto gas or any other mark or marks which are in any way identical with or colourable imitation of the plaintiff's registered patent, bearing the trade mark 'lovato' and 'lovato autogas', either by manufacturing, selling or offering for sale or in any manner advertising the same ; (b) granting permanent injunction restraining the .....Tag this Judgment!
Court : Chennai
Reported in : LC2007(1)352; (2007)2MLJ907; 2007(34)PTC689(Mad)
..... supra), the hon'ble supreme court held that when the plaintiffs were merely camouflaging a substance whose discovery was known through out the world, the patent is liable to be revoked.30. the facts in the above supreme court decision are totally different from the case on hand and therefore that decision ..... invented a process of their own which prevents the browning of sweets even though fructose is used in the manufacture. thus they applied for patent right for process and also the end product making use of the process. both the rights are granted by the authorities and therefore the ..... to by them in support of their submissions.12. the learned senior counsel has submitted that the plaintiff has been issued with patent registration certificate for both process patent and product patent and in such circumstances a prima facie case has been made out in favour of the plaintiff. he refers to 2j, ..... the plaintiff.9. in their counter affidavit the defendant contended that the plaintiff made misrepresentation and played fraud upon the authorities for getting the patent rights and therefore they are taking steps to revoke the grants. it is denied by the defendant that they copied the applicant's inventions ..... resulting in the plaintiff's products.6. while so, the plaintiff was shocked and surprised to know that the defendant is violating the registered patent rights and he is selling sweets containing fructose in all his sweet shops. the products of the defendant are identical to the product of .....Tag this Judgment!
Court : Chennai
Reported in : 2004(3)CTC95; 2004(29)PTC108(Mad)
..... as good as the first plaintiff himself applying for the same and getting it. reading of section 24b(1) of the act only contemplates the applicant, who had filed the patent claim, receiving the marketing approval. inasmuch as, the provisions contained in the drug and cosmetic rules enables the manufacturer's agent to apply for marketing approval, which provision stands modified ..... person in the application for marketing approval in the convention country. therefore, it depends upon the law prevailing in australia, on the issue namely? whether the applicant for the patent claim in the convention country should be the applicant in the application for marketing approval, no provision of law requiring the same is brought to the notice of this court ..... marketing approval in his name. but in this case, the marketing approval is given in the name of the second plaintiff.(c) the substance in the patent application in india; in the patent application and the patent grant in the convention country; in the marketing approval granted in the convention country; in the marketing approval granted by the central government and in the ..... therefore each of the plaintiff should be treated as a separate legal entity and not as a single economic unit. as already stated, the substance in the patent application in india; the patent application and the patent granted in the convention country; the marketing approval given in india and the application for granting the 'emr' in india is not identical. no tests .....Tag this Judgment!
Court : Chennai
Reported in : (2007)4MLJ1153
..... however, any protection which a member country provides, which is more extensive in nature than is required under 'trips', shall not contravene 'trips'. article 27 speaks about patentability. lengthy arguments have been advanced by learned additional solicitor general appearing for the government of india, learned senior counsels and learned counsels appearing for the pharmaceutical companies that india ..... law legislated by the indian government. only in discharging their obligations under 'trips', several amendments, including the amended section, were brought into the statute book namely, patents act, by the government. therefore they argued that when equal opportunities commission case can be distinguished on facts, it would be inappropriate to rely upon the same to ..... amended section itself to understand the expression 'enhancement of the known efficacy' namely, what would be treated as 'enhanced efficacy', an uncontrolled discretion is given to the patent controller to apply his own standards, which may not be uniform, in deciding whether there is enhancement of the known efficacy of that substance. such wide discretion ..... bhushan and mr. habibulla badsha, learned senior counsels appearing for the petitioners; mr. v.t. gopalan, learned additional solicitor general for the government of india and the controller of patents and designs; mr. anand grover, learned counsel; mr. p.s. raman learned senior counsel; mr. aravind p datar learned senior counsel; mr. k.m. vijayan learned .....Tag this Judgment!
Court : Chennai
Reported in : AIR1967Mad215
..... i have stated has filed a petition for cancellation of the registration of the defendant's design and for a direction to the controller general of patents and designs to remove the entry of the registration from the register. there is, however, no evidence as to whether any such application has ..... improvement or the invention does not involve any inventive step etc. in such circumstances, where a patentee institutes a suit during the continuance of a patent acquired by him in respect of an invention against a person making, selling to using the invention without his licence, it is open to such ..... a new and original design in respect of fountain pen clips, having registered their design under no. 101410 dated 28-9-1959 under the indian patents and designs act 1911. it is the plaintiff's allegation that the several defendants have been manufacturing and marketing fountain pens in the name and ..... the original petitions by the defendants in each of these suits is for the cancellation of the registration by a direction to the controlled general of patents, designs and trade marks, calcutta to remove the entry of the said registration from the register.(2) the suits and petitions were tried together and ..... defendants for a permanent injunction restraining them from using the type of clip of fountain pens imitating the plaintiff's design registered under the indian patents and designs act on 28-9-1959 and for accounts of the profits they have made by the sale of their pens with infringing type of .....Tag this Judgment!
Court : Chennai
Reported in : AIR1967Mad243
..... the dispute related to a design and not to a patent was lost sight of. the suit relating to a design, the order of transfer cannot be sustained. it is represented at the bar for the defendant that the ..... of course. i am not now called upon to discuss the matter.(4) it is not contended before me that the present case has anything to do with patents. on a perusal of the affidavit and counter in the matter and the order made it is obvious that somehow when the application was made, the fact that ..... the proviso to section 29(1) in respect of designs. nor by any provision under the act are the provision relating to transfer of suits on infringement of patent made applicable to legal proceedings in respect of designs. s. 54 of the act is of limited application as it only provides that the provisions of the act ..... to a design and covered by part ii of the act, is completely overlooked and the averments proceed as if the suit relates to an infringement of a patent. it is then stated that the defendant was entitled to take grounds by way of defence under s. 26 of the act and the suit must be transferred ..... the transfer of a suit on his file to this court, to be tried on the original side, purporting to act under sections 26 and 29 of the indian patents and designs act, 1911. the suit was instituted by the plaintiff under section 53 of the act for piracy of a design. the cause of action for the .....Tag this Judgment!