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!
Court : Mumbai
Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)
..... was needle shaped. beta was found to be thermodynamically stable and was prepared for use in pharmaceutical preparations. perusal of the application submitted by the plaintiffs in 1993 for patent in canada shows that the plaintiffs have disclosed the compound as well as its salt. beta crystals are clearly disclosed in the application. therefore, in my opinion, apart from ..... and in negation of any public health or public interest considerations. it is material to note that an emr grantee enjoys such an unfettered monopoly, even though its product patent application is pending and may be rejected after 1st january 2005 whenever examined. even distribution through channels of charity is hit by the anti-competitive and monopolistic effects of ..... of patients worldwide in case their right is not enforced.12. the plaintiffs submit that in matters of intellectual property, particularly infringement of statutory rights like trade mark, copyrights, patents and designs, the court is, prima facie, required to see where there is an infringement or not. if there is an infringement, then an order of injunction must follow ..... until the plaintiffs launched the commercial embodiment of the substance under the brand name glivec before they could make their impugned drugs.(h) any further examination of the underlying patent examination will result in examining a black-box/mail-box application, which exercise is prohibited by the legislature in terms of section 24-a7. nevertheless, the plaintiffs further .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1975All231
..... for the purposes of the business of the firm. during the subsistence of the partnership none of the two partners could treat and deal with patent right as his individual property. the contention raised by learned counsel for the appellants is hence of no consequence.17. point no. 2 is ..... the firm which constituted of himself and raghubir lal anand as partners. there is a prescribed proforma (form 1-a) for making application for obtaining patent. there is a specific column in that proforma for mentioning that the applicant is the assign or legal representative of the true and first inventor. ..... the loss suffered, was refused.7. learned counsel for the appellants in his argument before us raised the following points:--(i) that for claiming patent of an invention it was not sufficient for the respondent to plead that it was in possession of an invention. it should further havebeen pleaded ..... manufactured by raghunath das kapur, defendant and others from before 5th may, 1965, and if so, its effect? 7. whether the plaintiff secured the patent of mechanism of the alleged padlock by misrepresentation and mis-statement of fact? 8. whether the design and mechanism of the padlocks and locks manufactured by ..... 'narain lock'. they, however, pleaded that the respondent firm was not the first and true inventor of the lock of which it had obtained patent, nor was it the legal representative nor an assign of the first inventor. according to the appellants, the mechanism of the locks manufactured by the .....Tag this Judgment!
Court : Chennai
Reported in : LC2009(2)139; 2009(40)PTC689(Mad)
..... para 39, the appellant has explained about the operation of three valve configuration in the internal combustion engine, the operation of which has been patented in patent no. 196636 dated 25.05.2000.73. besides the above, the set of photographs filed by the appellant in volume viii of the typed ..... subject matter has not fallen in public domain or that it does not form part of the state of the art;section 2(m) 'patent' means a patent for any invention granted under this act;(ii) section 3 falling under chapter-ii mentions as to what are all not inventions.(iii) section ..... sufficient detail the disadvantage of using a single spark plug, as opposed to using twin spark plugs located preferably diametrically to each other (us patent 4177783 too contains a similar arrangement). this is because of better-controlled ignition timing in the latter and lesser time taken for the flame to ..... characteristics of the product of the appellant in its 125 cc motor cycle called 'flame' having everything similar and identical to that of the patented product of the respondent except the three valve arrangement and the third valve being a cosmetic one, the allegation of infringement is fully established and ..... of an internal combustion engine with improved combustion capacity. by pointing out the same, the learned senior counsel contended that the teaching of the patent of the respondent's invention was a combination of twin plug configuration in a small bore engine with twin valve facility along with other .....Tag this Judgment!
Court : Delhi
Reported in : LC2009(2)292; 2009(40)PTC193(Del)
..... another and determine where 'the balance of convenience' lies. 20. mr dushyant dave, the learned counsel appearing on behalf of the defendants, submitted that the registration of the patent by itself is not sufficient for the grant of an interlocutory injunction. secondly, he submitted that the registration itself is questionable. he also submitted that there was no case made ..... contained all the elements of claim 28 of patent no. 210062. 14. according to the learned counsel for the plaintiffs 90% of the defendants' safety cannula is accucath. the relationship between the plaintiffs and the defendants for over ..... of the latter's safety i.v. cannula. the sample was allegedly dissected by the plaintiffs, analyzed and photographed from various angles and, in their opinion, infringed the plaintiffs' indian patent no. 210062. according to the plaintiffs, the defendants' sample, which was labeled as 'safety i.v. cannula' under the brand name 'poly safety', obtained in november, 2007 ..... sale and in any other manner dealing in or with safety i.v. catheters / cannulae or other device or apparatus that infringes the subject matter of the plaintiffs' registered patent number 210062. the plaintiffs also seeks an ad interim injunction restraining the defendants from manufacturing, selling, offering for sale, distributing, exporting, advertising or dealing in any safety i.v .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; 184TAXMAN103(Bom)
..... the expression `licences') belong to the class of intellectual properties. as the expression `licences' in section 32(1)(ii) of the act is preceded by the expressions know-how, patents, copyrights, trade marks and succeeded by the expression `franchises' which are all relatable to intellectual property rights, the question to be considered is, whether the expression `licences' in ..... there is any specific legislation in india relating to franchises. as per black's law dictionary, 8th edition, the expression franchise denotes:1. ...when referring to government grants (other than patents, trademarks, and copyrights), the term 'franchise' is often used to connote more substantial rights, whereas the term 'license' connotes lesser rights. thus, the rights necessary for public ..... similar nature' in section 32(1)(ii) of the act is referable to the business or commercial rights relating to intellectual property rights such as know-how, patents, copy rights, trade marks and franchises and licences in respect thereof. accordingly, it is contended that the expression 'licences' as well as the expression 'business or commercial ..... clear that the expression 'business or commercial rights of similar nature' in section 32(1)(ii) of the act would take colour from the preceding words, namely knowhow, patents, copyrights, trade marks and franchises which belong to a class of intellectual property rights. in other words, it is contended that the expression 'business or commercial rights of .....Tag this Judgment!
Court : Delhi
Reported in : LC2007(2)13; 2007(34)PTC444(Del)
..... 6th october, 2006. the respondents enumerated the following defenses. 5. it was pointed out that opposition had already been filed by one of the respondents against the patent before the patent office, mumbai. the patent is invalid and open to challenge on all grounds of lack of inventive step, public knowledge, prior art, wrongful obtaining and lack of novelty. the resistance to ..... which exceptional cause to be shown. the leading modern decision in this area of the law generally, american cyanamid v. ethicon (interlocutory was in fact enunciated in a patent dispute in 1974.)49. but the learned author at pp.116 of same treaties has drawn the attention to the danger inherent in mechanical application of the american cyanamid approach ..... his ex-parte order restrained the respondents from manufacturing, marketing, selling, utilizing, buying, offering for sale or importing any metallized pvc pharmaceutical packaging film that infringes the appellant's patent no. 197823 on 6th october, 2006.4. the respondents contested the above said applications and moved applications under order 39 rule 4 cpc for vacation of ex-parte injunction ..... which entail similar questions of facts and law. the controversy in these two appeals swirls around the question, 'is there any presumption in favor of the validity of the patent for grant of temporary injunction in favor of patentee.' the present appeals are directed against the orders of the learned trial court dated 7th february, 2007, wherein the trial .....Tag this Judgment!
Court : Delhi
Reported in : 103(2003)DLT491; 2003(67)DRJ773; 44SCL498(Delhi)
..... sesa does not mean that sesa has no right to call itself successor-in-interest of lte. similarly change of name by sesa to sei in respect of `patents and designs' does not mean sei cannot claim itself successor-in-interest of lte for the aforesaid limited purpose.19. apart from this, there are no rival ..... interest of lte in respect of limited rights confining to its name and patents and designs and not in respect of the shares as the contract of contribution itself connotes the merger of lte with schneider sa in respect of the ..... automatically went to schneider sa and by no means these shares could have come to the share of sei as sei only inherited the name `telemecanique' and patents and designs of lte.17. as regards the affidavit of the representative of the sei it is clear that the sei represented itself as a successor-in- ..... plaintiff as a successor of lte, the learned counsel for the defendant has tried to receive support from the following documents:-(i) form 58 under the patents act, 1978 rule 117 filed by renfrey and sagar, attorney for lte on 30th march, 1999 showing that not only does lte very much exist but is ..... office to m/s renfrey & sagar accepting the request under rule 78(1) of lte for alteration of the address of the service of the patent in the register of patents from lte to sei. this communication indicates that on 23.9.1999 lte was in existence and its name was changed to sei on that date .....Tag this Judgment!
Court : Supreme Court of India
..... of the fact that the controversy involved before ipab is concerning crystal modification of a n-phenyl-2-pyrimidineamine derivative and since the dispute is regarding patentability of the process as well as the product that we are of the view that such complicated disputes need to be resolved by ipab which must ..... making our order a precedent for future cases, we called for a panel/list of controllers duly qualified under section 116 of the patents act, as amended by the patents (amendment) act, 2006.6. from that list submitted to us, we have opted for the name of dr. p.c. chakraborti, ..... of technical member in the intellectual property appellant board (ipab) constituted under the provisions of section 116 of the patents act, 1970. on 2nd april, 2007, central government appointed s. chandrasekaran as technical member (patent) of ipab vide notification of even date. on 3rd april, 2007, notification was issued notifying 2nd april, 2007 ..... it is also made clear that dr. p.c. chakraborti, who is presently deputy controller of patents and designs, will not be entitled to draw his salary for the aforestated period as deputy controller of patents and designs but, he would be entitled to protection of his seniority and other incidental benefits.9. ..... deputy controller of patents & designs, who holds post- graduate degree of m.sc. (chemistry) as well as ph.d.7. we, accordingly, direct that all .....Tag this Judgment!
Court : Delhi
Reported in : ILR1973Delhi177
..... is matter no. 574 of 1966, decided by s. a. masud j. in the calcutta high court. that was a petition under section 51-a of the patents and designs act, 1911, instituted by m/s. western engineering company against paul engineering company. the judgment is reported as : air1968cal109 . in that case, design ..... in the suit. (5) m/s. western engineering company having instituted the aforementioned suit, also instituted a further proceeding under section 51-a of the indian patents and designs act, 1911 on 10th july, 1967. in this latter petition, which was c. o. no. 7 of 1967 in this court, it was ..... not on the side but on the front. in addition, the defendants claimed that they had already instituted a petition under section 51-a of the patents and designs act, 1911, for cancellation of the plaintiff's design which was pending in this court. another defense of the defendants was that the ..... designs for horse-shoe shaped cycle lock. (2) on 22nd november, 1966, the america lock company instituted a petition under section 51-a of the indian patents and designs act, 1911, for the cancellation of the design registered in favor of the western engineering company. that petition was c. o. no. 1 ..... firm, i.e.. western engineering company applied for the registration of a design of horse-shoe shape cycle lock used for locking bicycles, under the indian patents and designs act, 1911. this design was registered and allotted the number 125728 on 25th may, 1965. the former firm, i.e., america lock company .....Tag this Judgment!