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Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 2008 Page 1 of about 54 results (0.031 seconds)

Dec 02 2008 (HC)

Indian Network for People Living with Hiv/Aids, Rep. by Its President ...

Court : Chennai

Decided on : Dec-02-2008

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) .....

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Jun 30 2008 (HC)

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Decided on : Jun-30-2008

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 .....

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Feb 16 2008 (HC)

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Decided on : Feb-16-2008

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 .....

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Dec 04 2008 (HC)

In Re: G.V. Films Ltd.

Court : Chennai

Decided on : Dec-04-2008

Reported in : [2009]150CompCas415(Mad)

..... other than those that are demerged and vested in resulting companies pursuant to part ii and part iii of this scheme and shall include gv films trademarks, trade names, brands, patents, copyrights, logo, designs and all other intellectual property whether registered or unregistered.'76. part vi of the scheme states that 'the remaining business and all assets, liabilities and obligation pertaining ..... films other than those that are demerged and vested in resulting companies pursuant to part ii and part iii of this scheme and includes gv films trademarks, trade names, brands, patents, copyrights, logo, designs and all other intellectual property whether registered or unregistered.13. part ii of the scheme deals with demerger and vesting of gv studios division of gv films .....

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Aug 11 2008 (HC)

Astor Technologies Rep. by Its Partner, Vasudevan, Vs. L.B. Thiagaraja ...

Court : Chennai

Decided on : Aug-11-2008

Reported in : LC2009(1)304

..... 15.06.2002 raising objections and that the concerned authority has not issued any notice to the respondent/plaintiff or heard the objections of the respondent/plaintiff before granting the patent in issue and in this regard, the learned counsel for the respondent/plaintiff informs this court that he will work out his remedy before the appropriate authority in accordance with ..... any reference to the appellants/defendants and that he is the true inventor of the said software and has the absolute copyright in the said software apart from seeking the patent therefor and therefore, he has the right to trade and reproduce the same as an author of the work to the exclusion of all others including the appellants/defendants and ..... and that the respondent/plaintiff issued a legal notice dated 27.05.2002 to the appellants/defendants and also filed form-6 before the controller of patents on 15.06.2002 raising objections for grant of patent in the name of first defendant.13. the appellants/defendants have lodged a criminal complaint against the respondent/plaintiff on 25.06.2002. the suit ..... . the learned counsel for the appellants/defendants brings to the notice of this court that when the written statement was filed, the patent issued was pending before the authority concerned and as on date, the appellants/defendants have obtained a patents in their favour. to this, the learned counsel for the respondent/plaintiff submits that the respondent/plaintiff has already filed form .....

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Sep 25 2008 (HC)

Bell Products Private Limited Rep. by Its Director, D. Dinesh Vs. M.K. ...

Court : Chennai

Decided on : Sep-25-2008

Reported in : (2009)1MLJ1014

..... order dismissing an application filed for punishing the contemnor for contempt of court is a 'judgment' within the meaning of clause 15 of the letters patent (madras). (iii) in the present case, the learned single judge had in fact not entered upon the merits at all. the inadequate pleadings, ..... but. the question is whether such a power could be exercised in a proceeding which is not maintainable before it. therefore, unless this letters patent appeal is maintainable, the jurisdiction as stated in paragraph 27 of the aforesaid judgment cannot be exercised. the proceeding in question is the one ..... the contempt of courts act would lie against the order of punishment and not against the order dismissing the contempt application. therefore, the letters patent appeal is filed on the ground that the order under appeal amounts to judgment and hence the appeal is maintainable, irrespective of the fact ..... of court holding that no commission of contempt of court is established. therefore in such a case if it is held that the letters patent appeal is maintainable, it would result in defeating the object contained in section 19 of the contempt of courts act.'2. the learned single ..... maintainability. he also submitted that in sathappan's case : air2004sc5152 (p.s. sathappan v. andhra bank ltd.), the supreme court had held that a letters patent appeal was maintainable notwithstanding section 104(i) cpc. (b) the cases relied on by the respondent are as follows; (i) state of maharashtra v. mahboob .....

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Sep 04 2008 (HC)

Colgate-palmolive (India) Limited Vs. Anchor Health and Beauty Care Pr ...

Court : Chennai

Decided on : Sep-04-2008

Reported in : (2008)7MLJ1119; 2009(40)PTC653(Mad)

..... . apart from the 7 suits and one writ petition, the plaintiff and the defendant are also engaged in a pitched battle before the trade marks registry and the controller of patents and designs, in opposition applications and cancellation applications. there appears to be at least 11 such proceedings pending before those authorities, apart from the 7 suits and a writ petition .....

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Sep 08 2008 (HC)

S. Mira Commodities Pvt. Ltd. Rep. by Its Director Mr. Farook Shabbir ...

Court : Chennai

Decided on : Sep-08-2008

Reported in : 2008(134)ECC199; 2008(160)LC199(Madras); 2009(235)ELT423(Mad); (2009)1MLJ846

..... on imports by way of notifications for achieving the following purposes only:i. protection of public morals.ii. protection of human, animal or plant life or health.iii. protection of patents, trademarks and copyrights and the prevention of deceptive practices.iv. prevention of use of prison labour.v. protection of national treasures of artistic, historic or archaeological value.vi. conservation of .....

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Jan 10 2008 (HC)

Dynasty Developers Private Limited, a Company Incorporated and Existin ...

Court : Chennai

Decided on : Jan-10-2008

Reported in : AIR2008Mad119; 2008(2)ARBLR249(Madras); 2008(1)CTC580; (2008)2MLJ1

..... the calcutta division bench in : air1963cal642 and a learned judge of the calcutta high court in : air1986cal338 . we, therefore, hold that obtaining of leave under clause 12 of the letters patent is not a condition precedent for filing an application under section 9 of the act.21. learned counsel appearing for the respondents contended that the agreement was entered into at ..... foundation of jurisdiction. unless this court has inherent jurisdiction over part of the cause of action in the suit, this court cannot grant leave under clause 12 of the letters patent. therefore, existence of inherent jurisdiction of the court over the suit must be admitted before leave is obtained. certainly, it cannot be contended that this court by granting leave confers ..... applications filed by the appellant seeking leave under clause-12 of the letters patent to move fresh applications under section 9 of the act were returned by the registry with an endorsement to the effect that clause-12 was inapplicable to the said applications ..... inter alia showing that this court has jurisdiction to try the application. in so far as the practice of this court is concerned, leave under clause-12 of the letters patent was never insisted upon for application under the arbitration act, 1940, and thereafter, under the arbitration and conciliation act, 1996. this position stood reaffirmed by the fact that the .....

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Nov 25 2008 (HC)

Orchid Chemicals and Pharmaceuticals Limited, Rep. by Its Vice Preside ...

Court : Chennai

Decided on : Nov-25-2008

Reported in : LC2009(2)264; 2009(41)PTC597(Mad)

..... this case.22. that apart, in terms of clause 14 of letters pattent, combining the cause of action could also be permitted. clause 14 of letters patent reads as under:joinder of several causes of action - and, we do further obtain that where plaintiff has several causes of action against a defendant, such ..... therefore entitled to stake its claim by passing off sale by combining the causes of action20. further the appellant has relied upon clause 14 of letters patent which empowers the court to entertain the suit by combining causes of action. the application of the such clause to the present litigation will be considered ..... also extensively carry on its business activities all over india, which means including the state of tamil nadu, the application of clause 12 of the letters patent, to the facts of this case cannot be made.19. the respondent relied upon the judgement of the supreme court in dhodha house and patel field ..... a suit can be filed for infringement of copy right with joinder of causes of action relating to passing off in terms of clause 14 of letters patent. for the purpose of relief in regard to rejection of plaint, the respondent had mainly urged two grounds (1) that no part of cause of ..... or in full, has arisen within the jurisdiction of this court and the appellant had not obtained leave of this court under clause 12 of the letters patent. the respondent also took out applications in appln. no. 439 of 2008 to suspend the order of interim injunction granted in o.a. no. 1275 .....

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