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Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 2005 Page 1 of about 38 results (0.060 seconds)

Nov 25 2005 (HC)

Wockhardt Limited Vs. Hetero Drugs Limited,

Court : Chennai

Decided on : Nov-25-2005

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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Sep 08 2005 (HC)

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

Court : Chennai

Decided on : Sep-08-2005

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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Sep 13 2005 (HC)

N. Seetha Devi Vs. Janaki Ramachandran Educational and Charitable Trus ...

Court : Chennai

Decided on : Sep-13-2005

Reported in : (2005)4MLJ360

..... do not propose to deal with all the decisions cited by the learned counsel for the appellant. further, the scope of interference by this court under clause-15 of letters patent, as against the grant of interim orders is limited. it is settled law that the court cannot interfere with the discretionary orders of the learned single judge in an appeal ..... filed under clause 15 of the letters patent act and if two views are possible and the view adopted by the learned single judge is neither arbitrary nor capricious nor perverse as held by the division bench of .....

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Apr 05 2005 (HC)

Mazdoor Welfare Trust, Represented by Its Managing Trustee, N.V. Devi ...

Court : Chennai

Decided on : Apr-05-2005

Reported in : AIR2005Mad392; 2005(2)CTC368; (2005)2MLJ502

..... typed-set. based on these factual details, the learned judge has rightly held that leave to sue under section 92 c.p.c. as well as clause 12 of letters patent was properly granted and there is no valid ground to revoke the same. we agree with the said contention.11. in the light of what is stated above, we do ..... of this court is in order and the learned single judge was perfectly right in granting leave under section 92 c.p.c., as well as clause 12 of letters patent.5. we have carefully considered the relevant materials and the rival submissions. 6. in view of the limited question involved in these appeals, it is unnecessary for this court to ..... college. in application no. 779/2004 they obtained leave under section 92 c.p.c., in respect of first respondent trust and also another leave under clause 12 of letters patent in application no. 780/2004. application nos. 1223 and 12 24/2004 were filed by the trust and another trustee by name n.v. devi for revocation of the leave ..... suit in respect of affairs of mazdoor welfare trust on the file of original side of this court and also confirmed the leave granted under clause 12 of the letters patent. he also dismissed the applications to revoke the leave granted.2. heard mr. t.v. ramanujam, learned senior counsel for the appellants; mr. r. krishnamoorthy, learned senior counsel for respondents .....

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Mar 19 2005 (HC)

Kitnammal Vs. Nallaselvan and ors.

Court : Chennai

Decided on : Mar-19-2005

Reported in : 2005(2)CTC356; (2005)2MLJ227

..... will always depend upon the facts and circumstances of the case before it. if only there is any use or failure to exercise its discretion properly or there is any patent error in its exercise of discretion, it is always open to this court to interfere even at this stage of the proceedings.'(3) veppanathar alias karuppannan and anr. v. kaliappan .....

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Apr 20 2005 (HC)

Mohammed Aslam and ors. Vs. C.N.A. Gowdhaman

Court : Chennai

Decided on : Apr-20-2005

Reported in : 2005(2)CTC766; (2005)3MLJ357

..... is so, as observed in shah babulal case (cited supra), the impugned order is to be treated as a ' judgment' within the meaning of letters patent. accordingly, we hold that the present osa is maintainable.12. in the impugned order, as said earlier, the learned judge has not considered the explanation offered ..... order of the trial judge refusing to appoint a receiver or to grant ad-interim injunction is undoubtedly a judgment within the meaning of the letters patent because order 43 rule 1 applies to internal appeals in the high court and apart from it, such an order even on merits contains the ..... decides a controversy which affects valuable rights of one of the parties, it must be treated to be a judgment within the meaning of the letters patent.'their lordship further held as under:-'115. every interlocutory order cannot be regarded as a judgment but only those orders would be judgments which decide matters ..... the rival contentions.7. there is no dispute that the present appeal (osa.no.44 of 2005) has been filed invoking clause 15 of the letters patent. as per that clause, an appeal shall lie to a division bench from the 'judgment' of a single judge of this court subject to certain ..... raised an objection that the order of the learned single judge condoning the delay is not a 'judgment' in terms of clause 15 of the letters patent and hence, the present original side appeal is not maintainable. even otherwise, according to him, since the respondent has shown sufficient cause, the learned .....

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Dec 21 2005 (HC)

Thamiraparani Investments Pvt. Ltd., Rep. by Its Director, V. Gopal Vs ...

Court : Chennai

Decided on : Dec-21-2005

Reported in : (2006)1MLJ357

..... therein. in the said judgment, the court held that in order to consider whether a suit is covered by the expression 'suit for land' in clause 12 of the letters patent, one has to consider whether it is for the purpose of obtaining a decree for possession, or a decision in title to land, or is something different, but involves the ..... senior counsel, however, submitted that a suit for bare injunction cannot be said to be a suit pertaining to the land within the meaning of clause 12 of the letters patent and in any event, according to him, for the relief of injunction sought for by the plaintiff, the defendant's title or possession of the land is not likely to ..... supreme court considered a suit for specific performance and an application for leave filed under clause 12 of the letters patent before the high court of judicature at bombay. the said clause is in part materia to clause 12 of the letters patent of the high court of judicature at madras. while considering the said clause, the supreme court held that if .....

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May 19 2005 (TRI)

Sri V. Elengovan, Prop. Snqs Vs. the Dy. C.i.T., Special Inv.

Court : Income Tax Appellate Tribunal ITAT Chennai

Decided on : May-19-2005

Reported in : (2006)280ITR86(Chennai)

..... royalty, commission, fees or similar payment received by the assessee from the government of a foreign state or a foreign enterprise in consideration of the use outside india of any patent, invention, model, design, secret formula or process or similar property right, or information concerning industrial, commercial, or scientific knowledge, experience or skill made available or provided or agreed to be ..... , deduction under section 80-o will be available if gross total income of: (ii) includes any income by way of royalty or commission, fee or similar payments (v) of any patent, invention, model, design, secret formula or process or similar property right, or information concerning industrial, commercial, or scientific knowledge, experience or skill etc. and the income is received in india ..... .9. from a plain reading of the provisions of section 80-o, it is clear that income received in convertible foreign exchange should have nexus with services rendered concerning any patent, invention, model design, industrial/commercial information etc. to a foreign enterprise or government of foreign state and such information is used by such foreign party outside/from india. in the .....

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Apr 08 2005 (HC)

N. Vasudevan and T.G. Gurunathan Vs. the Recovery Officer Drt Ii and o ...

Court : Chennai

Decided on : Apr-08-2005

Reported in : I(2006)BC390; 2005(3)CTC389; (2005)2MLJ624

..... symbolical delivery and not actual delivery and the auction purchaser is entitled only to symbolical delivery and not actual possession. it is further held that under clause 15 of letters patent, recovery officer lacked jurisdiction totally in passing order of eviction which order suffers from error apparent on the face of record.8. the learned counsel for the second respondent punjab .....

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Dec 09 2005 (HC)

Rajasundari W/O. Sivaramakrishnan Vs. Gowri @ Avaduai Ammal W/O. C.R.S ...

Court : Chennai

Decided on : Dec-09-2005

Reported in : AIR2006Mad156; 2006(1)CTC700; (2006)1MLJ164

..... the suit as withdrawn. learned counsel for the third respondent has submitted that since all the items of properties are situated at tirunelveli, the suit filed by the plaintiff is patent abuse of process of court and in consideration of the conduct of the plaintiff, the court below has rightly dismissed the suit declining to grant leave to file fresh suit .....

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