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Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 2016 Page 1 of about 557 results (0.033 seconds)

Mar 28 2016 (HC)

M/s. Bajaj Auto Limited Bombay Pune Road Akurdi Vs. M/s. TVS Motor Com ...

Court : Chennai

Decided on : Mar-28-2016

..... of the indian evidence act, and marking of press reports and other documents viz. exs.p24 to p27, under section 64(2)(1) of the patents act. the learned judge after taking into consideration, the rival submissions, has directed the learned master to mark the documents and record the objections raised, ..... secret trial/research between the respondent/plaintiff and a third party and the same is not in consonance with section 64(2)(1) of the patents act. 9. it is the primordial submission of the learned senior counsel appearing for the applicant/defendant, that the judgment rendered by the hon' ..... the respondent/defendant therein from using the technology or manufacturing/marketing flame motorcycle or any other product that allegedly infringes the applicant's (plaintiff therein) patent no.195904. 3(iii) the facts relating to the litigation's in the form of above said suits, have been narrated in detail and in ..... 's product viz. tvs flame, which uses the two spark plug with screw fitted and three valves, does not infringe the patent no.195904 of bajaj auto limited (applicant herein) and for permanent injunction restraining the defendant from issuance of threats that the plaintiff is infringing the ..... defendant's patent no.195904 and from interfering with the launch and sale of the product tvs flame, and also to direct the defendant to compensate .....

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Sep 01 2016 (HC)

R. Muralidharan Vs. The Secretary Ministry of Law and Justice and Othe ...

Court : Chennai

Decided on : Sep-01-2016

..... as observed by us, the rub is only the fee to be paid at the entry point. to the extent that an invention is not patentable in india, the benefit of deleting the same at entry point has already been granted. the application of disclaimer, correction or explanation as envisaged ..... international application in accordance with the provisions contained in rule 14. this is stated to be with the objective that since some claims are not patentable in india, those claims can be deleted at the stage of filing of the application. 10. the learned assistant solicitor general also does not dispute ..... said act and may be prescribed by the central government as it deems fit. 9. the learned counsel for the petitioner seeks to plead that the patent (amendment) rules, 2016 have been issued on 16.5.2016 and are to be made applicable from the date of their notification. the learned ..... what the petitioner claims is that the disclaimer, correction or explanation should be permitted prior to the entry stage, so that those aspects of patent which are not patentable in india will not be required to be included in application and fee paid on the same. thus, the endeavour is really a fee ..... said act reads as under: section 59. supplementary provisions as to amendment of application or specification.- (1) no amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be .....

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Apr 26 2016 (HC)

The Government of Tamilnadu rep. by its Secretary to Government, Educa ...

Court : Chennai

Decided on : Apr-26-2016

(prayer: writ appeal filed under clause 15 of the letter patents act against the order dated 16.04.2010 in w.p.no.33784 of 2006.) huluvadi g. ramesh, j. the state has filed this appeal as against the order passed .....

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Jul 28 2016 (HC)

Malabar Diamond Gallery Pvt. Ltd. Vs. The Additional Director General ...

Court : Chennai

Decided on : Jul-28-2016

..... ) protection of human, animal or plant life or health; (l) the protection of national treasures of artistic, historic or archaeological value; (m) conservation of exhaustible natural resources; (n) protection of patents, trademarks and copyrights; (o) prevention of deceptive practices; (p) carrying on of foreign trade in any goods by the state, or by a corporation owned or controlled by the state ..... (prayer: writ appeal filed under clause 15 of letters patent act against the order dated 17.11.2014 made in w.p.18833 of 2013.) s. manikumar, j. 1. writ appeal is directed against the order made in w.p. .....

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Aug 23 2016 (HC)

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

Decided on : Aug-23-2016

..... exercise of power will be regarded as manifestly erroneous. if a power (whether legislative or administrative) is exercised on the basis of facts which do not exist and which are patently erroneous, such exercise of power will stand vitiated. (see cit v. mahindra and mahindra ltd.) the effect of several decisions on the question of jurisdiction has been summed up by ..... officer is obliged to give such an option. in the present case, having regard to the facts and circumstances in which the goods were said to be imported and the patent fraud committed in importing the goods, the additional collector has found that the goods had been imported in violation of the provisions of import (control) order, 1955 read with section ..... ) protection of human, animal or plant life or health; (l) the protection of national treasures of artistic, historic or archaeological value; (m) conservation of exhaustible natural resources; (n) protection of patents, trademarks and copyrights; (o) prevention of deceptive practices; (p) carrying on of foreign trade in any goods by the state, or by a corporation owned or controlled by the state .....

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Jul 12 2016 (HC)

Mytrah Energy (India) Limited Vs. Gamesa Renewable Private Ltd.

Court : Chennai

Decided on : Jul-12-2016

..... to civil proceedings, have a role to play insofar as the consideration of grant of leave or revocation thereof under clause 12 of the letters patent is concerned. this is irrespective of the fact as to what expression is used. as observed aforesaid, the balance of convenience is also forum conveniens. the test ..... 10. forum conveniens: 10. 1. in the abovesaid decision, the question of forum conveniens was also considered by this court while granting leave under section 12 of the letters patent. accordingly, after considering number of pronouncements, it was finally concluded in the following manner: 57. there is little doubt that the principles of forum conveniens, though not applicable ..... the case, let us deal with the word cause of action . the word cause of action has not been defined either under the civil procedure code or under the letters patent. a cause of action has to be seen in the context of territorial jurisdiction available to the court while entertaining a suit. it is the basis for the ..... as under: 8. confidentiality:- for the purposes of this clause, confidential information means any proprietary information of the company, including but not limited to information relating to intellectual property rights, patents, trademarks, copyrights, trade secrets, know-how and the following types of information: technical data research, product plans, products, services, customer lists, software, developments, inventions, processes, formulate, technology .....

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Mar 04 2016 (HC)

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

Decided on : Mar-04-2016

..... original jurisdiction before the chartered high courts and those in other courts. for historical reasons this distinction was maintained right from the time the letters patent was issued, and has not been disturbed by the code of civil procedure, 1908, despite the amendments made in cpc from 1976 to 2002 ..... sarala vs. k.s.mohan): "15. per contra, mr.r.parthasarathy, learned counsel for the respondents placed reliance upon clause 37 of the letters patent, where this court has been given power to frame rules for regulating its own procedure and in respect of the civil procedure. insofar as the testamentary ..... not "rules" as defined in the code of civil procedure, 1908. secondly, it is not possible to accept the contention that the letters patent and rules made there under, which are recognised and specifically protected by section 129, are relegated to a subordinate status, as contended by the ..... chartered high court for regulating the procedure on its original side are concerned. ... 47. finally, it was argued by mr.jethmalani that the letters patent, and the rules made there under by the high court for regulating its procedure on the original side, were subordinate legislation and, therefore, must ..... governed by the procedure prescribed by the rules made in exercise of the powers of the chartered high courts under clause 37 of the letters patent. interestingly, section 652 of this act itself empowered the high courts to make rules 'consistent with this code to regulate any matter connected .....

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Mar 11 2016 (HC)

The State of Tamil Nadu rep. by its Secretary to Government, Education ...

Court : Chennai

Decided on : Mar-11-2016

(prayer: appeal filed under clause 15 of the letter of patents act against the order dated 21.11.2014 in w.p.no.23713 of 2014) petition filed under article 226 of the constitution of india to issue a writ of .....

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Nov 15 2016 (HC)

Cadila Healthcare Limited, Rep. by Deputy General Manager (Legal) Mehu ...

Court : Chennai

Decided on : Nov-15-2016

..... plaintiff that it has got a very modern research and development center at moraiya, where more than 650 research scientists are working and more than 100 patent applications of the plaintiff have been accepted and patents were also granted in various countries, including usa, japan, european union, etc. 3. the plaintiff would further state that it has developed a formulation of drug .....

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Oct 20 2016 (HC)

M/s. Bass Constructions, By its Proprietrix, Chennai Vs. The Board of ...

Court : Chennai

Decided on : Oct-20-2016

..... the case of the appellant / claimant that the respondent-port trust breached the contract thereby the appellant suffered loss. 28. as the award is patently illegal, the learned single judge has rightly invoked the jurisdiction under section 34 of the arbitration and conciliation act and set aside the award and this ..... to the terms of the contract. 27. thus, the arbitrator has gone contrary to the terms of the contract and granted relief, which is patently illegal. it undoubtedly affects the rights of the parties. if a party suffers by any breach, will be entitled to receive compensation for any loss ..... to (a) fundamental policy of indian law; (b) the interests of india; (c) justice or morality; or (d) if it is patently illegal or arbitrary. such patent illegality, however, must go to the root of the matter. the public policy violation, indisputably, should be so unfair and unreasonable as to shock ..... the terms of the contract and shall take into account the usages of the trade applicable to the transaction. thus, the third sub-heads of patent illegality is really a contravention of section 28(3) of the arbitration act. this contravention must be understood with a caveat. an arbitral tribunal ..... would result in the death knell of an arbitral award. violation of indian statutes i.e., the award which is, on the face of it, patently in violation of statutory provisions cannot be said to be in public interest. such award / judgment / decision is likely to adversely affect the administration .....

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