Court : Chennai
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 .....Tag this Judgment!
Court : Supreme Court of India
..... appellant was, therefore, never called upon to satisfy the tests laid down in section 3(d) of the act to establish the patentability of the patent subject. he further stated that since no occasion to do so had arisen earlier, no study relating to the efficacy of the free ..... 3 which talks of the known inventions, the products which are not considered to be inventions and therefore cannot be covered by the patent and patents cannot be sought for them. a good amendment is being introduced to that effect in clause 3 of the bill which says: ..... them free of disease or to increase their economic value or that of their products.section 4. inventions relating to atomic energy not patentable.-no patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the atomic ..... the doha declaration effectively reflected and addressed the deep disquiet of the developing and the least-developed countries regarding their obligation under trips to grant patent protection for pharmaceutical and agricultural chemical products and the likelihood of its highly adverse consequence on public-health. dr. dhawan, appearing for cipla ..... adversely affect the international transfer of technology.part iisection 5: patentsarticle 27patentable subject matter1. subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive .....Tag this Judgment!
Court : Delhi
Reported in : LC2010(1)242
..... is granted marketing approval. he points out that this is not the concern of the dcgi. if the drug for which marketing approval is sought is covered by a patent, and the patent holder (like in this case bayer) has already been granted approval to import or to market the drug in india as a 'new drug' (as defined under rule 122e ..... drug in question including its name, composition of the formulation, active and inactive ingredients, pharmacological classification etc. since the applicant would have to rely on the data generated by the patent holder, by granting marketing approval to cipla, the dcgi would, in fact, be not only acting in contrary to section 2 dca but would be 'abetting' the tort of ..... above mentioned writ petition praying inter alia for a writ restraining the dcgi from granting licence to cipla 'to manufacture and market, to imitate/ substitute sorafenib tosylate protected under subject patent number 215758'. a further prayer was for a direction to cipla to furnish an undertaking that the drug for which it has made an application before respondent no. 2 was ..... , sell and distribute its drug 'sorafenib tosylate', prescribed for the treatment of advanced renal cell carcinoma. facts in brief2. on 5th july, 2001 bayer corporation, appellant no. 1, filed a patent application in india in respect of an invention entitled 'carboxyaryl substituted diphenyl ureas'. on 1st january 2003 bayer corporation transferred its rights to bayer pharamceuticals corporation (bpc) and on 1st .....Tag this Judgment!
Court : Delhi
Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)
..... facie case for grant of injunction, is that the specification for the suit patent (i.e. patent no. 196774 corresponding to u.s.'498) showed that it was in respect of erlotinib hydrchloride polymorphs a+b which was on their own showing an unstable form ..... in 2005 but the explanation which has been added appears to particularly target pharmaceutical products. it discourages evergreening and prevents such derivative or other forms of the already patented product being granted patent unless the derivatives or other forms 'differ significantly in properties in regard to efficacy.' the plaintiffs contest the argument that erlotinib hydrochloride is a derivative of a ..... advocates appeared for the plaintiffs and mr. arun jaitley, learned senior advocate and ms. pratibha singh, learned advocate appeared for the defendant.plaintiffs' subsequent application for grant of patent in respect of polymorph b27. in this appeal, one of the significant issues posed by the defendant, which has a bearing on whether the plaintiffs have made out a prima ..... to restrain the defendant/respondent cipla limited from manufacturing, offering for sale, selling and exporting the drug erlotinib, for which the plaintiff no. 2 claimed to hold a patent jointly with pfizer products inc. the impugned judgment nevertheless put the defendant to terms including furnishing an undertaking to pay damages to the plaintiffs in the event of the suit .....Tag this Judgment!
Court : Chennai
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 .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(3)BomCR896; 2009(111)BomLR479
..... 23. for the above reasons,, therefore, if any other interpretation is put as contended by advocate shri manohar, the net result would be that a patentee inventing a patent by utilization of huge money and manpower involving scientists, technocrats and technicians would be left high and dry and this would definitely be detrimental to the encouragement of scientific ..... use of inventions stands extended even to the central government, state government or a government undertaking. according to me, these provisions have been made in order that the patents can be utilized by central government, state government for the purposes other than purely departmental in the discharge of duties or the sovereign functions but in accordance with the terms ..... .he cited the following decisions:(1) : 2scr757 (bishwanath prasad radhey shyam v. hindustan metal industries).(2) : 1scr177 (ram chand bhatia v. hardyal).discussion:7. the patents act, 1970 was passed after consideration of shri justice n. rajagopala ayyangar's recommendations and the act as well as rules came into force on 21.4.1972. some remaining ..... commercial benefit, steel wire rope net system and steel spiring lock system which are identical to and/or substantially similar to and as all essential features of plaintiffs patented gswr system and patented spiral lock system resulting into infringement thereof. the appellant came to know that respondent no. 1, in fact, supplied those systems to various railway authorities in response .....Tag this Judgment!
Court : Delhi
Reported in : AIR1988Delhi82; 1988(1)ARBLR255(Delhi); 33(1987)DLT298
..... at bombay. reliance was also placed by mr. bhushan on a division bench decision of the gujarat high court in anup engineering ltd. v. the controller of patents new delhi, (first appeal no. 600 of 1980 and special civil application no. 2767 of 1980) decided on 19th february, 1982. no doubt, the very ..... of the controller to the high court, and the controller under subsection (3) of section 2 of the designs act, 1911 means the controller general of patents designs and trade marks appointed under sub-section (1) of section 4 of the trade and merchandise marks act, 1958. the definition of the high court ..... shall be transferred to the high court for decision. reference may now be made to section 64 as well which deals with revocation of patents. under this section a 'patent may be revoked by the high court on the grounds mentioned in the section on a petition by any person interested or of the ..... in india; and (ii) for proceedings under ss. 43, 44, 51, 52, 60, 65, 68, 125, 153 and 154; be the head office of the patent office. (2) notwithstanding contained in sub-rule (1), until branch offices are established in accordance with the provision of sub-section (3) of s. 74 the appropriate ..... it is stated that office and the establishments of the first respondent are situated within the state of maharashtra and the application for grant of patent was made in the patents office at bombay and the impugned order is of the second respondent whose office is in bombay. it is the case of the first .....Tag this Judgment!
Court : Delhi
Reported in : 167(2010)DLT6
..... on corrosion resistance. in particular,. franz teaches only with regard to transparent articles and does not teach anything about any reflective articles such as mirrors whereas the plaintiffs patent claims a glass/silver/paint mirror with no copper layer.. franz has no paint layer whereas plaintiff mirror has a paint layer.. franz relates to metal layers of ..... vii) farbewerke hoechst aktiengesellschaft vormals meister lucius & bruning corporation v. unichem laboratories and ors. : air 1969 bombay 255 wherein paragraph 15 it was held that to anticipate a patent, a prior publication or activity must contain the whole of the invention impugned; i.e. all the features by which the particular claim attacked is limited. in other words, ..... and the defendants are seeking recourse to a technique which is popularly known as mosiacking.g) lastly, the plaintiff counsel has pointed out several similarities between the plaintiffs patent and that of the defendants from the chart filed alongwith the written submission dated 28th march, 2009 alongwith plaintiffs comments.judgments referred by the plaintiff34. in support of ..... that the process of activation and sensitization using tin and palladium was known in the industry much before the plaintiffs claimed inventino date.f) shipley- great britain patent no. gb929799this patent talks about improved metal depositions by treating the substrate with tin chloride or another tin salt to catalyze the deposition of a desired metal coating. the tin salt .....Tag this Judgment!
Court : Delhi
Reported in : 1999IVAD(Delhi)613; AIR2000Delhi23; 80(1999)DLT56
..... as laid down in the american cynamid case (supra) the plaintiffs are entitled to injunction in their favour. according to the plaintiff various arguments relating to the validity of the patent and aspects such as prior publication etc. would depend on evidence. the aforesaid submission of the learned counsel for the plaintiff, in my considered opinion, is misplaced. some of the ..... connection reference may be made to the case of bishwanath prasad v. hindustan metal industris; : 2scr757 . in the said decision the supreme court held that in order to be patentable an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement; and must independently satisfy the test of ..... that pouches for storing and dispensing of lubricating oil were being used and were being purchased by the indian oil corporation from diverse sources much prior in advance to the patent of the plaintiff. the aforesaid allegation however, is denied by the plaintiff contending inter alias that there was no prepublication of the aforesaid goods prior to the grant of ..... , cancel the provisional specification and post-date the application to the date of filing of the complete specification. the controller has been vested with the power to post-date the patent under the provisions of section 17 of the act which reads as under:- 17. power of controller to make orders respecting dating of application. - (1) subject to the provisions .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom144; ILR1983Bom805
..... step and that the complete specification suffer from insufficiency are ground which must necessarily be sustained. the controller was, therefore, in error in overruled the objections and granting the patent with modification i, therefore, pass the following order:--appeal allowed,. the order of the controller is set aside and all the ground of opposition are sustained. in the circumstance ..... anticipated unless the applicant amends his complete specification to the satisfaction of the controller. so also section 19(1) empowers the controller to direct the insertion of the other patent which is likely to be infringed,. unless the complete specification is amended to the satisfaction of the controller. so also section 57(1) empowers the specification of an ..... or by machine. if the words 'new and useful manner of manufacture' were limited to the production of new article without reference to the process of the manufacture involving patent and improved method, the inducement which law intended to given to the inventor would be encompasses within very narrow rules. the word 'manufacture' would, in my opinion, include ..... complete specification to be amended as indicated in the said order.2. on 28-3-1971 one noshir edulji pochkhanawalla made an application numbered 130620 for registration of a patent for an invention relating to 'improvement in or relating to mufflers or exhaust silencers for internal combustion engines' along with provisional specifications. on 14-6-71 the applicant .....Tag this Judgment!