Court : Delhi
Reported in : LC2007(2)42
..... of aluminium on pvc, which has been acknowledged as being known by the plaintiff itself. in this behalf learned senior counsel referred to the complete specification of the plaintiff's patent. it is stated therein as under:metallization of polymeric films are per se known. typically in the prior art films such as pet (polyethylene terepthalate] pp [polypropylene], ldpe [low ..... the plaintiff. thus there is force in the plea of the defendant.two layered or multi layered films - its effect:72. learned senior counsel for the defendant submitted that the patent of the plaintiff contemplates metallised pvc films having at least three layers. learned senior counsel drew the attention of this court to the report of the national chemical laboratories pune ..... of technology. 63. in my considered view this ground alone should be sufficient to deny the plaintiff the continuation of any interim relief.release of the product prior to patent application:64. learned senior counsel for the defendant submitted that the invention had been anticipated by way of prior use in india by the plaintiff itself which had already released ..... from which the defendant had procured the material. it is the case of the defendant that the plaintiff had itself released the product in the market even prior to the patent application. not only that there were other companies manufacturing similar products. in support of this, the defendant has filed various documents. 13. learned counsel for the plaintiff sought to .....Tag this Judgment!
Court : Chennai
Reported in : AIR1967Mad215
..... i have stated has filed a petition for cancellation of the registration of the defendant's design and for a direction to the controller general of patents and designs to remove the entry of the registration from the register. there is, however, no evidence as to whether any such application has ..... improvement or the invention does not involve any inventive step etc. in such circumstances, where a patentee institutes a suit during the continuance of a patent acquired by him in respect of an invention against a person making, selling to using the invention without his licence, it is open to such ..... a new and original design in respect of fountain pen clips, having registered their design under no. 101410 dated 28-9-1959 under the indian patents and designs act 1911. it is the plaintiff's allegation that the several defendants have been manufacturing and marketing fountain pens in the name and ..... the original petitions by the defendants in each of these suits is for the cancellation of the registration by a direction to the controlled general of patents, designs and trade marks, calcutta to remove the entry of the said registration from the register.(2) the suits and petitions were tried together and ..... defendants for a permanent injunction restraining them from using the type of clip of fountain pens imitating the plaintiff's design registered under the indian patents and designs act on 28-9-1959 and for accounts of the profits they have made by the sale of their pens with infringing type of .....Tag this Judgment!
Court : Mumbai
Reported in : LC2009(1)197; (2008)3MLJ599
..... royalty, license and consequent indemnity.9. sum effect of these stipulations, which are important covenants in the contract, is that if the defendant no. 1 is using the patented system or selling the patented product of the manufacturer named in the tender or otherwise, the liability in relation to all statutory obligations would be that of the defendant no. 1, and defendant ..... way of damages being available and availed.16. limited questions, that arise for consideration, are:(a) whether the plaintiff has made out a prima facie strong case of existence of patented product in its favour, and can file a suit for injunction to prevent infringement and recurring breach?(b) has plaintiff prima facie demonstrated that there is infringement by defendant no ..... the defendant no. 1 demonstrated that the plaintiff has alternate remedy of damages under sub-section (3) of section 100?16. plaintiffs reliance is on the fact of registration of patents, which entitles the plaintiff to absolute right by virtue of section 48, subject to exceptions. according to the plaintiff, the exceptions are not absolute and they do create an embargo ..... by the very fact that the defendant had participated in the tender, has got two tenders allotted and has promised to supply to the railways the product which imitates the patented product, and in the result, has infringed rights of the plaintiff under section 48. according to plaintiff, once the right is so established, prevention of breach can be conveniently done .....Tag this Judgment!
Court : Mumbai
Reported in : 2010(112)BomLR269; LC2010(1)13
..... reported in : (2008) 10 scc 368. in that case, however, the problem considered was about the confusion arising on account of the postponement of in-part commencement of the patents (amendment) act, 2005, in particular with regard to the remedy of appeal against an order rejecting the pre-grant opposition. indeed, the court considered the legislative change brought about ..... on record on the basis of which respondent no. 4 could have answered the controversy on hand. it is submitted that section 77 of the act postulates that the patent controller is conferred with certain powers of civil court, in respect of summoning and enforcing attendance of witnesses, discovery of documents, receiving evidence of affidavits, issuing commissions for ..... which can be utilized on an industrial scale (pages 2, 3 & 5 of complete specification). to support this and also to meet the requirements of section 3(d) of patents act, 1970 the applicants with their reply statement, have submitted the stability study data sheet of bisulphate (enclosure 5 & 9) and besylate (enclosure 6); along with stability and ..... corresponding international application of the respondent no. 1 was issued. it is stated that the petitioners through its agents, obtained a copy of the complete specification accompanying the said patent application which pertain to clopidogrel besylate, a known salt of a previously known compound clopidogrel. according to the petitioners, as on the date of the alleged invention, the therapeutic .....Tag this Judgment!
Court : Chennai
Reported in : LC2007(1)352; (2007)2MLJ907; 2007(34)PTC689(Mad)
..... supra), the hon'ble supreme court held that when the plaintiffs were merely camouflaging a substance whose discovery was known through out the world, the patent is liable to be revoked.30. the facts in the above supreme court decision are totally different from the case on hand and therefore that decision ..... invented a process of their own which prevents the browning of sweets even though fructose is used in the manufacture. thus they applied for patent right for process and also the end product making use of the process. both the rights are granted by the authorities and therefore the ..... to by them in support of their submissions.12. the learned senior counsel has submitted that the plaintiff has been issued with patent registration certificate for both process patent and product patent and in such circumstances a prima facie case has been made out in favour of the plaintiff. he refers to 2j, ..... the plaintiff.9. in their counter affidavit the defendant contended that the plaintiff made misrepresentation and played fraud upon the authorities for getting the patent rights and therefore they are taking steps to revoke the grants. it is denied by the defendant that they copied the applicant's inventions ..... resulting in the plaintiff's products.6. while so, the plaintiff was shocked and surprised to know that the defendant is violating the registered patent rights and he is selling sweets containing fructose in all his sweet shops. the products of the defendant are identical to the product of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2010(2)SC148,LC2010(1)101,2010(1)SCALE714,(2010)2SCC535
..... the provisions of section 51a, the full bench on a reference to sections 53 and 54 relating to piracy of registered designs and the incorporation of the provisions of the patents act, 1970, into the designs act, held that the powers conferred under section 53 were not absolute and did not contemplate an absolute right in the owner to prevent all ..... for determination before the high court in the two appeals was whether the delhi high court had jurisdiction to entertain the same against the order passed by the controller of patents and designs, kolkata. inasmuch as, in the said two appeals, it was held by the delhi. high court that it had jurisdiction to entertain the appeals, these two appeals have ..... first appeals were filed in the delhi high court, being fao no. 131 and 132 of 2008, against two orders, both dated 28th march, 2008, passed by the controller of patents and designs, kolkata, under section 19(1) of the designs act, 2000, cancelling two registered designs for 'insecticide coil' in class 12 belonging to the respondent no. 1 herein. the ..... . jaya hind industries ltd. and anr. : air 1988 delhi 82, wherein it was held that rejection of an application for grant of patent under the provisions of the patents act, 1970, and the patents rules, 1972, by the deputy controller of patents and designs, bombay, gave rise to a cause of action whereby appeal against such order of refusal could be filed only in .....Tag this Judgment!
Court : Chennai
Reported in : AIR1967Mad243
..... the dispute related to a design and not to a patent was lost sight of. the suit relating to a design, the order of transfer cannot be sustained. it is represented at the bar for the defendant that the ..... of course. i am not now called upon to discuss the matter.(4) it is not contended before me that the present case has anything to do with patents. on a perusal of the affidavit and counter in the matter and the order made it is obvious that somehow when the application was made, the fact that ..... the proviso to section 29(1) in respect of designs. nor by any provision under the act are the provision relating to transfer of suits on infringement of patent made applicable to legal proceedings in respect of designs. s. 54 of the act is of limited application as it only provides that the provisions of the act ..... to a design and covered by part ii of the act, is completely overlooked and the averments proceed as if the suit relates to an infringement of a patent. it is then stated that the defendant was entitled to take grounds by way of defence under s. 26 of the act and the suit must be transferred ..... the transfer of a suit on his file to this court, to be tried on the original side, purporting to act under sections 26 and 29 of the indian patents and designs act, 1911. the suit was instituted by the plaintiff under section 53 of the act for piracy of a design. the cause of action for the .....Tag this Judgment!
Court : Chennai
Reported in : 2003(27)PTC343(Mad)
..... in india as well as in various other countries. the plaintiff came to know that the first defendant has been manufacturing and selling autogas conversion kit verbatim copying the registered patent and designs of the plaintiff with the offending trade mark raajan auto gas in chennai through their branch offices at vellore and coimbatore. it is a reproduction of the plaintiff ..... is an italy based company carrying on exclusive business throughout the world pertaining to auto gas conversion kit manufactured by them with a novel design and the same has been patented in various countries. since 1979, the plaintiff has been using the manufacturing the said auto gas conversion kit under the trade mark 'lovato' and 'lovato autogas' from italy and ..... permanent injunction restraining the defendants, their servants or agents or anyone claiming through them from in any manner passing off the plaintiffs auto gas conversion kit bearing the offending design, patent either by using the trade mark 'lovato autogas' or the trade mark raajan auto gas or any other mark or marks as and for the well established auto gas conversion ..... 'lovato autogas' or the trade mark raajan auto gas or any other mark or marks which are in any way identical with or colourable imitation of the plaintiff's registered patent, bearing the trade mark 'lovato' and 'lovato autogas', either by manufacturing, selling or offering for sale or in any manner advertising the same ; (b) granting permanent injunction restraining the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(4)AWC4159; JT2009(12)SC103; (2009)8MLJ672(SC); 2009(41)PTC398(SC); 2009(12)SCALE546; (2009)9SCC797; 2009AIRSCW6018; 2008(10)SCR636; 2009(12)Scale346
..... suit.'9. as has been observed by us in the aforesaid case, experience has shown that in our country, suits relating to the matters of patents, trademarks and copyrights are pending for years and years and litigation is mainly fought between the parties about the temporary injunction. this is a very ..... . the court should also observe clauses (b) to (e) of the said proviso.in our opinion, in matters relating to trademarks, copyright and patents the proviso to order xvii rule 1(2) c.p.c. should be strictly complied with by all the courts, and the hearing of the ..... chawalwala as follows:.without going into the merits of the controversy, we are of the opinion that the matters relating to trademarks, copyrights and patents should be finally decided very expeditiously by the trial court instead of merely granting or refusing to grant injunction. experience shows that in the matters of ..... 1111 of 2007 had been filed by the appellant herein before the learned single judge of the madras high court alleging infringement of its patent no. 195904 under the indian patents act, 1973 (for short 'the act').4. the learned single judge granted an interim injunction on 16th february, 2008.5. challenging ..... trademarks, copyrights and patents, litigation is mainly fought between the parties about the temporary injunction and that goes on for years and years and the result is that .....Tag this Judgment!
Court : Delhi
Reported in : AIR1981Delhi95; 19(1981)DLT323; 1981RLR373
..... simmons v. mathieson & cold (1911) 28 r.p.c. 486 in these words : 'inorder to render valid the registration of a design under the patents and designs act, 1907, there must be novelty and originality, it must be a new or original design. to my mind, that means that there must ..... single and most familiar article of dress like this, which constitutes novelty of design. , hold that would be no paralyse industry 'and to make the patents, designs and trade marks act a trap to catch honest traders. there must be, nor a mere novelty of outline, but a substantial novelty in the ..... following grounds, namely............ (iii) that the design is not a new or original design.'(6) it may also be mentioned that rule 36 of the indian patents & designs rules, 1933, provides that the applicant may, and shall, if required by the controller in any case so to do endorse on the application ..... that such designs were common in the market and the appellants had made a false claim to be the originators of the design before the controller of patents & designs to obtain the impugned registration. the grievance is that they were hindered in their trade by the registration. (3) the appellants controverter these ..... the design of m/s. b. chawla & sons, hereinafter referred to as the appellants in respect of mirror registered at no. 139585 in class i under the indian patents & design act, 1911 (the act), on february 28, 1972, is a 'new or original' design. (2) m/s. bright auto industries, hereinafter referred to .....Tag this Judgment!