Court : Delhi
Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)
..... shows that where it is shown that the act complained of is what was disclosed in a prior publication, which can be relied on against the validity of the patent, and no patentable or substantial alteration has been made in respect thereof, there is a good defense. as far as the documents relied on by defendant no. 2 are concerned,the ..... .4.97 application dated 17.7.97application dated 30.11.2000recombinant and synthetic proteinrecombinant and synthetic peptidesrecombinant antigens (ns3, ns4, ns5 and core). this is identical to plaintiff's patent.hcv antibodies igg, igm, iga are visualised.hcv antibodies igg, igm, iga are visualizedonly igg is visualizedantibodies have to react with colloidal gold and protein a and protein gantibodies ..... opinion on the aspects of novelty, industrial applicability and non obviousness. article 35(2) of the pct states that the international preliminary report would not contain any statement on the patentability or unpatentability of the claimed invention according to any national law. the international search report (7th nov. 2002) is again with regard to the 'diagnostic kit for invitro ..... and section 151 of the civil procedure code (hereinafter referred to as the 'said code') is for the issuance of a temporary injunction restraining the defendants from infringing the plaintiff's patent no. 194638 dated 22nd september, 2006 in a suit for permanent injunction, rendition of accounts and damages.3. the plaintiff further claims to be a pioneer company enjoying a .....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 : Delhi
Reported in : 94(2001)DLT865
..... counsel for the appellant, has drawn our attention to a chart filed along with note of arguments by the appellant and contended that there are inconsistent claims regarding ownership of patents made by the respondent before different forums. the purport of this is to show that the respondent has not come to the court with clean hands. it was thus contended ..... proceedings. b) the design registrations relied upon in the plaint have lapsed. c) functional shapes or mechanical devices cannot be the subject matter of design registration. d) the patents are invalid as the patented features are in the nature of obvious improvements. e) the plaintiff's case is hit by acquiescence, estoppel, delay and laches. f) the defendant has spent rs. four ..... respondent for which respondent has registered patents and design, in india or any where in the world for the product range of electric contractors and accessories known as the d2 range. the present appeal arises from the ..... kaul, j. 1. the souring of relationship between joint venture partner's has given rise to the present dispute where the respondent is aggrieved by the alleged infringement of its patents by the appellant. a suit was thus filed by the respondent herein against the appellant for mandatory injunction from manufacturing and advertising as its own and selling the products of .....Tag this Judgment!
Court : Chennai
Reported in : (2007)4MLJ1153
..... however, any protection which a member country provides, which is more extensive in nature than is required under 'trips', shall not contravene 'trips'. article 27 speaks about patentability. lengthy arguments have been advanced by learned additional solicitor general appearing for the government of india, learned senior counsels and learned counsels appearing for the pharmaceutical companies that india ..... law legislated by the indian government. only in discharging their obligations under 'trips', several amendments, including the amended section, were brought into the statute book namely, patents act, by the government. therefore they argued that when equal opportunities commission case can be distinguished on facts, it would be inappropriate to rely upon the same to ..... amended section itself to understand the expression 'enhancement of the known efficacy' namely, what would be treated as 'enhanced efficacy', an uncontrolled discretion is given to the patent controller to apply his own standards, which may not be uniform, in deciding whether there is enhancement of the known efficacy of that substance. such wide discretion ..... bhushan and mr. habibulla badsha, learned senior counsels appearing for the petitioners; mr. v.t. gopalan, learned additional solicitor general for the government of india and the controller of patents and designs; mr. anand grover, learned counsel; mr. p.s. raman learned senior counsel; mr. aravind p datar learned senior counsel; mr. k.m. vijayan learned .....Tag this Judgment!
Court : Delhi
Reported in : AIR1997Delhi79; 1996(25)ARBLR522(Delhi); 62(1996)DLT291; 1996(37)DRJ14; 1996RLR280
..... science and reveals the secrets of a dreaded disease. it is possible that a patentee could be permitted to suppress that invention for seventeen years (the term of the letters patent) and withholdfrom humanity the benefits of the cure.' we are in entire agreement with the strong views expressed by douglas, j. in his dissenting judgment. the philosophy behind his ..... (1945) 324 us 370 by a majority of five against four, observing again that they had 'no occasion to consider here..... whetherthe courts on equitable principles should decline and enjoin patent infringement.....' 19. for our purpose the minority view pronounced by douglas, j. in the special equipment co. case is important. he declared that the absolute right theory had come into ..... no. 468 of 1994 on 26-2-1994 seeking a permanent injunction restraining the respondent from making, using, exercising, selling or distributing any items which infringe the 5 patents belonging to the plaintiff bearing numbers 161520, 162589, 162369, 163591 and 163095 and for a mandatory injunction to hand over to the plaintiff all goods, advertising material or items which ..... and thereby seriously affecting our market and economy. the foreigner in this case is seeking temporary injunction against other users and the question is whether the non-use of the patented mechanical device by the foreigner in india can be a ground for refusing temporary injunction? 2. the appellant, franz xayer huemer, is an austrian citizen. he filed the suit .....Tag this Judgment!
Court : Delhi
Reported in : AIR1978Delhi1; ILR1977Delhi412; 1977RLR440
..... plaintiff; that the alleged invention was of no utility; that there were other producers of film strips claimed by the plaintiff as his patent; that the patent was obtained by fraud etc. (4) after the plaintiff had filed a replication reiterating his case and statements before issues were recorded, ..... marked and kept on the record as (1), (1a) mecorama and a fourth viewer arc definitely objects produced by piracy of the plaintiff's patent. the defendants have made certain variationsn its viewers but these are unessential; and what the defendants market is substantially the same thing, as was ..... .(after dealing with the demonstration given in court and referring to .encyclopedia of photography) i, thereforee, cannot uphold the plaintiff's case that he had a patent for making two pictures in a single cine-frame. .... however, the third claim, which is the claim for a combination, is novel in the sense ..... : air1969bom255 , held that the main function of the c'ourt is to construe the claims (stated at the end of specifications in the patent) which are alleged to have been infringed without reference lo the body of the specifications and to refer to the specification only if there is ..... the above said petitioner (s) (including his legal representatives) and assigns or any of them shall, subject to the provisions of the indian patents and designs act, 1911, as patentee(s) have the exclusive privilege of making, selling and using the invention throughout india and of authorising others .....Tag this Judgment!
Court : Delhi
Reported in : LC2007(3)192; 2007(35)PTC377(Del)
..... of action, wholly or in part, arises. thereforee, if the sale of its products by the defendant constitutes an infringement of the plaintiff's patent, that conduct of the defendants would constitute a part of the cause of action, which has arisen in delhi, and this court would have ..... relief such as seizure, forfeiture or destruction of the infringing goods. such an interpretation would lead to absurd results. by the time the defendants patent is revoked /cancelled, the plaintiff's suit may itself become barred by limitation, if the plaintiff is first relegated to proceedings under section 25 ..... their water purification system under the name 'forbes aquasure'. it is averred that the defendant's product directly infringes the substance of the plaintiff's patent claim. the plaintiff has also produced a comparative chart of the components of both products in paragraph 13 of the plaint. it is alleged ..... purification system assuring a high degree of microbiological purity in the drinking water it delivers. the plaintiff made application no. 539/mum/2003 for patent registration in india in june 2002. the said application was notified for opposition purposes on 13th may 2005. it is averred that no opposition ..... been filed by the plaintiff seeking the relief of permanent injunction, rendition of account and damages on the basis of the alleged infringement of its patent in respect of a gravity fed water purification system, by the defendants.7. the plaintiff, it is averred, had in the year 2002 .....Tag this Judgment!
Court : Chennai
Reported in : 2004(3)CTC95; 2004(29)PTC108(Mad)
..... as good as the first plaintiff himself applying for the same and getting it. reading of section 24b(1) of the act only contemplates the applicant, who had filed the patent claim, receiving the marketing approval. inasmuch as, the provisions contained in the drug and cosmetic rules enables the manufacturer's agent to apply for marketing approval, which provision stands modified ..... person in the application for marketing approval in the convention country. therefore, it depends upon the law prevailing in australia, on the issue namely? whether the applicant for the patent claim in the convention country should be the applicant in the application for marketing approval, no provision of law requiring the same is brought to the notice of this court ..... marketing approval in his name. but in this case, the marketing approval is given in the name of the second plaintiff.(c) the substance in the patent application in india; in the patent application and the patent grant in the convention country; in the marketing approval granted in the convention country; in the marketing approval granted by the central government and in the ..... therefore each of the plaintiff should be treated as a separate legal entity and not as a single economic unit. as already stated, the substance in the patent application in india; the patent application and the patent granted in the convention country; the marketing approval given in india and the application for granting the 'emr' in india is not identical. no tests .....Tag this Judgment!
Court : Karnataka
Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.
..... instructions in response to the order passed by this court on 10-6-2005 have already been received and an affidavit of sri mannargudy sundararaman venkataraman, assistant controller of patents and designs, patent office, chennai, sworn to on 16-12-2005 is ready to be placed before this court. however, learned asst solicitor general would seek for some more time ..... after three weeks.'dvskj: 20-11-2004sri n. devhadass, learned senior central government standing counsel files an affidavit sworn to by sri mannargudy sundararaman venkataraman, assistant controller of patents and designs, patent office, chennai2. the affidavit inter alia, seeks to provide information with regard to total number of applications received for the period 1998-99 to 2003-04 [annexure-l ..... call this matter as requested after four weeks ie. on 7th march 2003. vskaj: 7-3-2003an affidavit is sworn to by sri s. chandrasekaran, joint controller of patents a designs, patent office, chennai branch, on behalf of respondents 1 and 2. the learned counsel for these respondents submit that in this affidavit, ft has been indicated as to the progress ..... to time, awaiting the appraisal of such developments to the court by the learned standing counsel for respondents, through affidavits sworn to by the officials working at the regional patent office at chennainotwithstanding the informing of such development, which is required to be verified, the writ petition will have to be formally brought to an end recording the developments .....Tag this Judgment!
Court : Delhi
Reported in : 168(2009)DLT177; 2009(40)PTC613(Del)
..... institute of industrial research developed a process for the manufacture of terpolymers of acrylonitrile butadine (abs resigns) using what was known as emulsion technology. this process was got patented vide patent nos. 110090 and 118359 and assigned in favour of the plaintiff by a deed of assignment dated 28th may 1974. the assignment was duly registered with the controller of ..... and it was null and void if it was not a registered agreement. i, therefore, consider that the agreement was not enforceable.11. considering from another angle, the patent number 118359 was registered in the name of council for scientific industrial research with effect from 31st october 1968. the defendant has placed on record the copy of the ..... csir scheme (hereinafter called 'the research institute') has developed a process for the manufacture of terpolymers of acrylonitrile butadine (abs resigns) using emulsion technology which is covered by indian patent nos. 110090 and 118359 and other knowhow given on the process (hereinafter called 'the said invention) and full rights in the said invention have been assigned to the corporation ..... the documents, whichever is later. the documents when registered has effect from the date of its execution. section 69 also provides for registration of assignment, license etc. regarding patented matter and provides procedure for registration. it is obvious that since this license agreement between the parties was not a registered agreement, this had no validity in the eyes .....Tag this Judgment!