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Judgment Search Results Home > Cases Phrase: patents Court: chennai Page 2 of about 5,310 results (0.034 seconds)

Apr 29 1992 (HC)

Power Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...

Court : Chennai

Reported in : AIR1993Mad120

..... all the components and design, colour scheme and the patent being evolved and adopted by herself contained in the trade literature and the guarantee card and that in consequence thereof, she has been able to develop a first-hand commercial ..... to the registration of the trade mark under the relevant provisions of the trade and merchandize marks act and the copyright act having evolved a particular design and mode and patent for their product and that upon which the original owner smt. madhuri mathur isdeemed to have the exclusive and proprietory right to the registered trade mark and the copyright over ..... designs over four articles were elapsed.14. therefore, basing on the above-referred case laws and the various provisions of the trade and merchandize marks act, copyright act and the patent and designs act, importing to the facts of the instant case, the learned senior counsel, thiru u.n.r. rao, vehemently contends that in the context of the business turn ..... the guarantee card as was shown in all the documents, exs. a1 to a4, the learned senior counsel drew my attention to the registration certificate of the designs under the patents and designs act 1911 issued by the authorities constituted under the act over five designs being adopted and followed by the applicants in producing the power operated sumeet kitchen mixie .....

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Dec 08 2011 (HC)

Schering-plough Ltd. Vs. Intellectual Property Appellate Board and anr ...

Court : Chennai

..... contains no reasons. apart from this, the affidavit says that they have a good case on merits and the delay was beyond their control. the patents act, 1970 gives the aggrieved party three months to file the appeal. the communication systems of today are so swift that we do not think any ..... of the act was also submitted. finally, on 05.01.2009 the 2nd respondent passed the final order under section 15 of the act refusing patent on the ground that none of the claim was novel or inventive. in the said order the 2nd respondent went beyond the objections already raised in ..... fer on 08.08.08 claiming objections 1 to 11 raised in the fer as incorrect and it also carried out some minor amendments to the patent application. thereafter, the 2nd respondent examined the amended specification under section 13(3) of the act and issued his examination report on 07.10.2008 ..... /ipab and consequently direct the 1st respondent to consider on merits the appeal filed against the order of the 2nd respondent dated 05.01.2009 in patent application no.2376/chenp/2006. 2. it is stated that the petitioner is a swiss pharmaceutical company having huge investments in research and development (r ..... day, the petitioner-company made a request for examination under form-18 in accordance with section 11-b of the patents act, 1970 (for short act). after the examination of the petitioners application for patent the first examination report (fer) was issued on 08.10.2007 asking the petitioner to clarify the objections raised .....

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Nov 25 2005 (HC)

Wockhardt Limited Vs. Hetero Drugs Limited,

Court : Chennai

Reported in : (2006)1MLJ542; 2006(32)PTC65(Mad)

..... material to show that the manufacturing and marketing the product impugned under licence is only by adopting us patent and japan patent, and (ii) the patent documents, containing 10 preparation examples, would not show the cream product. as such, the conclusion, arrived at by the learned single judge, was not on the ..... view, has committed another error, in concluding that the first respondent company is manufacturing and marketing the product under the trade mark nadiderm, only on the basis of us patent and japan patent and not on the basis of admixture composition of the appellant. this conclusion, in our opinion, is also wrong for two reasons, namely, (i) there is no ..... by the drugs controller general for nadiderm to the first respondent was not on the basis of the admixture composition of the appellant, but was only by adopting us patent and japan patent; that though a challenge to the manufacturing licence at the instance of the appellant has been made before the delhi high court in the writ petition, the appellant ..... . this emr certificate confers an exclusive right on the appellant to sell and distribute in india the pharmaceutical composition, containing benzoquinoliziness, namely, nadifloxacin 1% cream under the provisions of the patents act, 1970.(v) in the meantime, hetero drugs limited, first respondent herein, applied to the drugs controller general of india, for manufacturing licence, to manufacture nadifloxacin 1% cream, .....

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Jul 19 2007 (HC)

Fdc Limited and ors. Vs. Sanjeev Khandelwal and ors.

Court : Chennai

Reported in : LC2007(3)139; 2007(35)PTC436(Mad)

..... for exploitation to cripple business rivals without adducing any proof of their alleged infringement. it is specifically and vehemently denied that the revision petitioners are infringing the plaintiffs patented process in order to manufacture their products. 27. it is also denied by the revision petitioners that the non existence of a combined dose of the four ingredients ..... inventions are worked in india on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; and that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and ..... decisions relied upon by the revision petitioners are made in the context of article 226 of the constitution of india. further the plaintiffs on earlier occasions filed their patent and trade mark infringement suits against other pharmaceutical companies in other parts of the countries as well for similar relief and obtained decrees as well. so it is ..... the file of the learned principal district judge, thiruvallur against the revision petitioners and others seeking for the relief of permanent injunction, particularly restraining them from infringing the respondents registered patent no. 197822 and trade mark cefi-xl. pending disposal of the main suits, the respondents filed interlocutory applications in i.a. nos. 141, 144, 147, 150, 153, .....

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Sep 14 2009 (HC)

Vittal Mallya Scientific Research Foundation Represented by Its Chief ...

Court : Chennai

Reported in : LC2010(1)3

..... the assistance from any reputed institutions.17. ultimately, in the suit filed by the applicant/plaintiff, they will have to establish infringement of his patent right. the court need not undertake the task of finding out as to how far there was an infringement by appointing an expert. the petitioner ..... clearly shows that he had unnecessarily insinuated the experts of the iit by referring to getting payments in terms of section 115(2) of the patents act, and it is clearly unwarranted. the attitude of the counsel by sending such correspondence to a court appointed expert, then in future, ..... before 29.06.2009.i) it is respectfully submitted that professor r. dhamodharan, the head of department of chemistry had to analyze all the patent and process information given by the plaintiff, the defendant and that available in the open literature along with samples and scrutinize/analyze the same for ..... nature of the manufacturing process involved and whether the defendant's claim that it was manufacturing the product using a different process from the six patented process of the plaintiff. it was clearly stated that the cost of the examination/analysis shall be borne by both the plaintiff and the ..... stocks, booklets and other materials including raw material, inputs, work in progress finished goods manufactured by the defendants in violation of plaintiff's process patents for double metal salt of hca and also for a direction to defendant to render true account of profits made by them on sale of .....

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Aug 04 2009 (HC)

S. Ram Kumar Vs. Union of India (Uoi), Ministry of Finance, Department ...

Court : Chennai

Reported in : (2009)6MLJ990

..... having effective and efficacious alternate remedy and the violation of principles of natural justice itself are in dispute and the factual controversy with regard to the infringement of the patent rights of the petitioner, i am of the view that these writ petitions filed challenging the impugned orders, without availing the alternate remedy provided under sections 128 ..... before the appropriate appellate authority.11. mr. t.r. senthilkumar, learned standing counsel appearing for the central board of excise & customs, submitted that whether the petitioner's patent right is infringed or not can be decided by the appellate authority and there is no extraordinary circumstance to file the writ petitions before this court, without availing the ..... act, 2005, and thereafter appeal would lie to the supreme court. insofar as the territorial jurisdiction is concerned it is contended that even if the petitioner has registered his patent before the commissioner of customs, chennai airport & air cargo, chennai-27, orders having been passed by the respondents at new delhi and mumbai, petitioner cannot challenge the ..... these writ petitions viz., assistant commissioners of customs/commissioner of customs have no technical expertise and they sought for written submissions clarifying the technical aspect of the petitioner's patent. the petitioner also submitted written submissions.(m) the grievance of the petitioner is that in spite of the above written submissions, the second respondent held that the .....

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Jan 16 1964 (HC)

The Daily Calendar Supplying Bureau, Sivakasi Vs. the United Concern

Court : Chennai

Reported in : AIR1967Mad381

..... a district court, a cross-reference had been made to the civil procedure code in the same manner as is found in the guardian and wards act or in the indian patents and designs act. however, we find in section 62(2) of the act, xiv of 1957, a cross-reference to the code of civil procedure, which ..... jurisdiction (hereinafter called a district court) and include the local limits of the ordinary original civil jurisdiction of a high court."clauses 11 and 12 of the letters patent confers ordinary original civil jurisdiction to the high court, over the presidency town of madras, therefore, the area of the presidency town will be a district as ..... district court. the civil procedure code, to which reference is made in the definition clause in some of the other enactments like the guardians and wards act and the indian patents and designs act already referred to, in section 2(4) gives the definition of 'district' as meaning."the local limits of the jurisdiction of a principal civil ..... was significance in the deletion of the words high court in act xiv of 1957. he also referred to certain other enactments like the indian patents and designs act (act 11 of 1911) and guardian and wards act (act viii of 1890). in section 2(6) of the indian ..... patents and designs act, district court has been defined as having the meaning assigned to that expression by the code of civil procedure, 1908 section 4( .....

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Dec 01 1964 (HC)

V. Manioka thevar Vs. Star Plough Works, Melur

Court : Chennai

Reported in : AIR1965Mad327; (1965)1MLJ406

..... of whether or not the invention involves any new inventive skill having regard to what was known or used prior to the date of the patent, courts will not grant an interim injunction restraining the defendant from pursuing his normal business activity. an interim injunction will not be granted if ..... in large number of star master ploughs 99.(5) principles regulating the grant of an interim injunction in a suit complaining of infringement of a patent are fairly well settled. the plaintiff must make out a strong prima facie case for the issue of a temporary injunction. an interim injunction will ..... he has been experimenting and inventing new patterns of ploughs as a result of his inventive genius and prolonged research and that he obtained a patent on 12-10-1960 in respect of a particular pattern of plough, having a special twist distinguishing his pattern from the other ploughs in the ..... respondent's conduct was an infringement of the plaintiff's patent. the plaintiff obtained an interim injunction in 1. a. 181 of 1964, but, on an application filed by the defendant-respondent in i. a ..... the appellant filed the suit, o. 8 no. 3 of 1964 on the file of the district judge, madurai, under s. 29 of the patents and designs act, against the respondent for a permanent injunction restraining the respondent form manufacturing and selling certain patterns of ploughs on he ground that he .....

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Sep 08 2005 (HC)

Wockhardt Ltd. Vs. Hetero Drugs Ltd. and ors.

Court : Chennai

Reported in : 2006(32)PTC473(Mad)

..... that the manufacturing and marketing licence granted for nadiderm is not on the basis of the admixture composition of the applicant but is only by adopting the us patent and japan patent, i am convinced that the first respondent cannot be injuncted from manufacturing and marketing the nadiderm on the strength of the manufacturing licence given by the drugs controller ..... for the second respondent and mr. k.m. santhanagopalan, learned counsel for the third respondent.6. the respective learned counsel had elaborately argued on the law of process patent, product patent as well on the manufacturing licence including the grant of emr. on a similar challenge, a learned single judge of this court in the decision in 'nevertis ag and ..... -formulation-domestic business in the applicant company needs a reference. it is seen from the said affidavit that the preparation of nadifloxacin 1% cream is different from process us patent. on the other hand, it is the specification of the first respondent company that the first respondent company had been given the manufacturing and marketing licence for nadifloxacin 1% ..... nadifloxacin 1% cream under the trade mark nadiderm. the drugs controller general granted manufacturing and marketing licence to the first respondent company for nadifloxation 1% cream based on us patent by an order dated 14.9.2004. pursuant to the order of the drugs controller general, the first respondent company started manufacturing and marketing nadifloxacin 1% cream.4. questioning .....

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Nov 27 2009 (HC)

C.V. Karunakaran Vs. the Chairman, Central Board of Excise and Customs ...

Court : Chennai

Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)

..... ;(g) procedure for assessment and payment of duty;(h) examination of merchandise at the customs stations;(i) provisions of the trade and merchandise marks act, 1958 (43 of 1958), the patents act, 1970 (39 of 1970) and the copy rights act, 1957 (14 of 1957).(j) prohibitions on import and export;(k) bonding procedure and clearance from bond;(l) re-importation .....

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