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 .....Tag this Judgment!
Court : Kolkata
Reported in : (1996)2CALLT483(HC)
..... the article or apparatus being new and useful-both these conditions must be present in the matter of obtaining the grant of a patent under the patent act. be it also noted that the learned trial judge has dealt with the two english decisions as cited by mr. chakraborty in ..... if the words 'new and useful manner of manufacture' were limited to the production of new articles without reference to the process of manufacture involving patent and improved, the inducement which law intended to give to the inventor would be encompassed within very narrow rules. the word 'manufacture' would, in ..... said to be correct since the appellant prayed for an order of injunction before the learned trial judge in regard to the protection of its patent being no. 169335 in its entirety. the respondents, however, disputed such a stand by reason where for the notes of submission, as submitted ..... of such inventions would be totally frustrated and the inventor would turn out to be a man dejected. the fundamental aim in practising the patent system is to protect and encourage fair competition in the field of technology so as the transform inventions or creations into real productive forces ..... a developing society and thereby giving rise to further scientific research and development for the benefit and enrichment of the present-day society, '''he patent office, therefore, has an important role to play in promoting scientific and technical progress and consequent economic development of the country. the inventions .....Tag this Judgment!
Court : Mumbai
Reported in : (1987)89BOMLR356; 1987MhLJ503
..... has not otherwise given any grounds, much less cogent, for not following the principles behind the grant of patents in those cases. learned counsel for the respondent has submitted that claim for 'process for generation of power from solid carbonised fuels' was refused ..... the controller that the process of 'removal of dust' and the 'process of purifying exhaust gases coming out of diesel engine' were registered as patent no. 133673 and 147324 respectively but in the instant case the controller has ignored the same on the plea of these being bad precedents. he ..... us. the division bench of the madras high court after considering the relevant provisions has held as follows:'clauses 11 and 12 of the letters patent confer ordinary original, civil jurisdiction to the high court, over the presidency town of madras. therefore the area of the presidency town will be ..... is material for our purpose provides that high court shall receive, try and dispose of the suit under any special law other than the letters patent. until the enforcement of the provisions contained in the bombay city civil court act, 1948 all suits arising within the territorial limits of the greater ..... challenges of the appellant to the findings on the first two issues.it may be stated that the plaintiff's alone have filed this letters patent appeal challenging the legality and correctness of the findings recorded by the trial judge on first two issues. mr. mehta, learned counsel appearing for .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC1444; (1979)2SCC511; 2SCR757
..... the application, the applicant may leave it at any subsequent time within 9 months from the date of the application. the application is then examined by the controller of patents for the patentability of the invention. the controller then makes a thorough search among his records for novelty. the controller is bound to refer to ah examiner an application, in respect ..... flaw which would have warranted interference by the appellate bench.39. be that as it may, from the discussion that follows, the conclusion is inescapable that the invention got patented by m/s. hindustan metal industries, respondent herein, was neither a manner of new manufacture, nor a distinctive improvement on the old contrivance involving any novelty or inventive step ..... hoechst & b. corporation v. untchan laboratories : air1969bom255 .with the aforesaid prefatory survey, we now turn to the 1911 act. the act provides various checks to prevent an invalid patent being granted which does not involve any inventive step or a manner of new manufacture or improvement. the procedure for obtaining an exclusive privilege under this act (before the amending ..... the plantiff-firm, invented a device and method for the manufacture of utensils, in 1951. the plaintiff after filing the necessary specifications and claims in the patent office, got the alleged invention patented under the indian patent and designs act, 1911 (hereinafter called the act), at no. 46368-51 on may 6, 1953 with effect from december 13, 1951 as assignee .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1960All692
..... incidental proceedings for attachment or arrest before judgment or for temporary injunction or for the appointment of a receiver were judgments within the meaning of clause 15 of the letters patent. such orders did not dispose of any rights or determine any liabilities in dispute in the suit or proceeding itself. such orders only related to 'a detriment suffered in ..... parties; it only initiates the proceedings by which the liability of the justices to make compensation will be ascertained and determined.' he defined 'judgment' in clause 15 of the letters patent as meaning 'a decision which affects the merits of the question between the parties by determining some right or liability. it may be either final, or preliminary, or interlocutory, the ..... which the permanent injunction had been claimed. the district judge granted the temporary injunction and restrained the appellants from manufacturing, selling or using glass beads in infringement of the respondents' patents. against that order a first appeal from order was filed in, this court under order xliii, rule 1 (r) c. p. c. it was heard by mr. justice vishnu ..... generally assumed that a preliminary judgment and an interlocutory judgment are the same. with respect, i doubt whether this assumption is justified. the use of both terms in the letters patent suggests that they have different meanings although the meanings may overlap. in black on judgments cited by krishnaswamy ayyar, j., in his illuminating judgment in ilr 35 mad i the .....Tag this Judgment!
Court : Delhi
Reported in : 149(2008)DLT155; 2008(36)PTC210(Del)
..... to make an elaborate enquiry into debatable, doubtful or complicated questions of law or fact. what is the legal effect of the grant of patent in favor of the defendant and how far it can entitle the defendant to continue the manufacture and marking of its product and whether ..... 14. in the light of the above facts, it is apparent that the defendants product 'forbes aquasure' directly infringes the substance of the plaintiff's patent claims. as a patentee, the plaintiff has the exclusive right to prevent third parties, who without his consent, make, use, offer for sale, ..... claims to have promoted by advertising the said product extensively in newspapers and by circulation of promotional material. the plaint then alleges infringement of the patent by the defendants who have around september, 2004 launched a new storage water purifier under the name 'forbes aquasure'. the plaint draws a comparison ..... out the claims of the plaintiff's patent and the unique features which it has in ensuring effective purification of water by killing the micro organism in the same. the plaintiff claims to ..... september, 2004 did not indicate any prior art that would affect novelty or inventive steps which are the crucial ingredients for the grant of a patent. the plaintiff also claims to have made applications for the same invention in australia, canada and brazil which are under process. the plaint sets .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1980Bom123
..... or damage or value of the property sued for did not exceed rupees one hundred. in view of the amendment to clause 12 of the letters patent, it is now not open to any party to contend that where the suit is cognizable either by the bombay city civil court or the bombay ..... question provided for by the said section 28. it was because at the date when the bombay rent act was enacted, clause 12 of the letters patent had not been amended, and the only exception to the high court's jurisdiction with respect to suits triable by the court of small cause at ..... proceedings cognizable by the high court in its admiralty, vice-admiralty, testamentary, intestate, matrimonial and insolvency jurisdictions and under any special law other than the letters patents and suits and proceedings cognizable by the small cause court. thus, by section 3 of the bombay city civil court act, the jurisdiction of the city ..... bombay, in which the debt or damage, or value of the property sued for, does not exceed one hundred rupees.'by the bombay high court letters patents amendment act, 1948 (bombay act xli of 1948), the said clause 12 was amended with respect to the aforesaid exception to the high court's power ..... the said section 41. the arguments of mr. sanghavi, however, overlook two very important statutory provisions, namely, the amendment to clause 12 of the letters patent of this high court and section 3 of the bombay city civil court act, 1948. the extent and limits of the ordinary original civil jurisdiction of this .....Tag this Judgment!
Court : Delhi
Reported in : AIR1985Delhi336; 26(1984)DLT355
..... convenience. the defendants' ability to pay damages is a factor which tilts the scales against the plaintiffs. (for an excellant summary of the principles governing interlocutory injunctions see terrell on patents 13th edition, pp. 371-373). (17) in england the design registration system may soon disappear as a species of intellectual property. the whiteford committee has recommended it. the ..... case for excluding protection starts from the fact that (in the absence of any patent or confidential information) copying of individual products has traditionally been a legitimate part of the competitive process. (cornish : intellectual property pp. 421, 607). (18) in halsbury's laws ..... bearing in mind that the law of designs exists for the purpose of protecting innovations which do not involve such invention as is necessary for the subject matter of letters patent, yet rightly considers that there must be some check on the hampering of industries which would result if every unimportant alteration of shape or pattern, become the subject ..... of a monopoly. in the present case undoubtedly the design is a recent one, the monopoly of which is sought to be established. the principle which applies to monopolies in patents equally applies to the 'comparatively minor monopoly in designs' (smith v. grigg ltd., (supra) per scrutton, l.j., at page 153). applying the accustomed principles of order 39 .....Tag this Judgment!
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( .....Tag this Judgment!
Court : Gujarat
Reported in : (2008)2GLR1226
..... the kerala state electricity board, trivandrum v. t.p. kunhaliumma reported in : 1scr996 ;iii. in the case of bayer aktiengesellschft of leverkusen federal republic of germany v. controller of patents, government of india reported in : air1982cal30 .iv. in the case of the state of gujarat v. patil raghav natha and ors. reported in : 1scr335 andv. in the case of ..... cause of action. 27. the calcutta high court in the case of bayer aktiengesellschft of leverkusen federal republic of germany v. controller of patents, government of india reported in : air1982cal30 , while dealing with section 71 of the patents act, 1970 and article 137 of the limitation act, 1963 has also held that if any special or local law does not prescribe any .....Tag this Judgment!