Court : US Supreme Court
Decided on : Jun-27-1980
..... . s. 228 that it should be able to license only purchaser of the unpatented material, because this was the only practicable way to exploit its process patent. "the patent monopoly is not enlarged by reason of the fact that it would be more convenient to the patentee to have it so, or because he cannot page ..... charge of contributory infringement. certain convertible top combinations had been sold without valid license from the patentee. because use of these tops involved direct infringement of the patent, there remained a question whether fabric supplied for their repair might constitute contributory infringement notwithstanding the court's earlier decision. aro ii decided several questions of statutory ..... years, proponents and opponents of the legislation debated its impact and relationship with prior law. draftsmen of the legislation contended for a restriction on the doctrine of patent misuse that would enable patentees to protect themselves against contributory infringers. others, including representatives of the department of justice, vigorously opposed such a restriction. although the ..... policies that permits patentees to exercise control over non-staple articles used in their inventions. section 271(c) identifies the basic dividing line between contributory infringement and patent misuse. it adopts a restrictive definition of contributory infringement that distinguishes between staple and nonstaple articles of commerce. it also defines the class on nonstaple items narrowly. .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-03-1980
Reported in : 164ITR419(Cal)
..... or drafts, which might be useful to introduce licensed preparations and to promote their sale in india. it granted to the assessee full and sole right and licence under the patent listed in the agreement to make, use, exercise and vend the inventions specified therein in india and also a licence to use certain specified trade marks in the territory subject ..... production of products of a quality comparable to the quality of n. s. k.'s products. the trade secrets or technical know-how, inter alia, include the right of using patent rights and advice of plant layout and installation. the price for the sale of trade secrets by n. s. k. to the respondent company has been fixed at a total ..... the written consent of the swiss company, not to assign the benefit of the agreement or grant sub-licences on the patents and trade marks, and (c) upon termination of the agreement for any cause, to cease to use the patents and trade marks and to return to the swiss company all copies ofinformation, scientific data or material sent to it and .....Tag this Judgment!
Court : Orissa
Decided on : Jul-08-1980
Reported in : 50(1980)CLT196; 46STC422(Orissa)
..... a grantor or lessor, on the working of the property leased, or otherwise on the profits of the grant or lease. the word is especially used in reference to mines, patents and copyrights.it, therefore, appears that royalties are payments which the government may demand for the appropriation of minerals, timber or other property belonging to the government.'the same view ..... lordships observed thus:'in wharton's law lexicon (fourteenth edition) the word 'royalty' has been explained as 'payment to a patentee by agreement on every article made according to his patent; or to an author by a publisher on every copy of his book sold ; or to the owner of minerals for the right of working the same on every ton .....Tag this Judgment!
Court : Delhi
Decided on : Aug-01-1980
Reported in : 127ITR746(Delhi)
..... states and canada, apparatus and material so manufactured by the assessed under the licenses granted under this article. the licenses were to manufacture apparatus and material covered by patents and patent rights administered by westinghouse with the help of the information furnished from time to time by westinghouse to the assessed. the licenses, however, did not include any right ..... by the associated companies in the u.s.a. westinghouse was willing to license the assessed under patents and patent rights and technical information administered by it. 3. article i of the agreement provided that the term of the agreement, and of any and all licenses and rights ..... the spread over of expenditure incurred after february 28, 1966, and, secondly, because the expenditure under consideration could not be said to be expenditure for the acquisition of patent rights as required by the section. 18. having held that the amount was rightly disallowed as capital expenditure the tribunal also proceeded to express its opinion on the ..... manufacturing and other information of the associated companies. the above agreement which became effective from may 21, 1962, was promoted by the desire of the assessed to obtain patent rights, rights under technical manufacturing and other information and services necessary to enable it to manufacture, use and sell certain types of electrical and other apparatus and material manufactured .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-07-1980
Reported in : 139ITR806(Guj)
..... the results of future research and development by the company relating to the products and furnish calico simultaneously with the execution of the agreement with all and any secret or patent formulations used by or known to the company for the manufacture of the products and as occasion might arise with all and any improvements, modifications and verifications thereof and any ..... companys standards. under cl. 3, calico was to be free to manufacture, sell and exploit their production of vinyl acetate in india and other parts of the world subject to patents and instructions outside the companys control which may affect such sales outside india and the company agreed to use its best endeavours to obtain such agreements with other parties as ..... and conveyed to calico the sole and exclusive right and licence to manufacture, distribute, sell and exploit the products and improvements, modifications thereof in india and use of any indian patents owned or to be owned by the company in respect of the said products. under cl. 2, the company agreed from time to time and at all times to make ..... derivatives of these and similar resins and certain monomers produced by a process of ester interchange such as vinyl caprate and vinyl aterate and others according to certain secret or patent formulations owned or controlled by the company. in this agreement, vinyl products ltd., is referred to as the company whereas the assessee-company is referred to as calico. the further .....Tag this Judgment!
Court : Delhi
Decided on : Aug-25-1980
Reported in : ILR1981Delhi257
..... embodied in the patented apparatus. in other words wet laminating apparatus being already known and used in india previous to priority date there was no inventive step and there was no novelty ..... apparatus/device when he applied for registration of the patent. according to them the complete specification furnished by the plaintiff is vogue, unintelligible and jugglery of words. thus the specification does not state what is the modified construction ..... laminating system from morane maxibond machine and specification and has falsely claimed to be an inventor of the said appalatus. further the plaintiff has not disclosed in the patent specification as to what was the laminating apparatus already available and what was the modification and distinct improvement made and utility imparted by the plaintiff to the existing ..... interim injunction concisely are that the plaintiff has instituted a suit for permanent injunction restraining the defendants and their ser- vants, or agents etc. from infringing in any manner, patent no. 143964 dated 21st july, 1976 entitled 'laminating apparatus' of which he claims to be proprietor and patentee, by manufacture, sale or offering for sale or using .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1980
Reported in : (1981)22CTR(Guj)186; 130ITR655(Guj)
..... capital gains are assessable in the case of transfer of goodwill, the indian act did not have it in contemplation, when enacting section 12b, that self-created assets like copyright, patents and goodwill should be subjected to capital gains arising on their transfer and hence capital gains on the transfer of a goodwill are not liable to be taxed under section ..... to pay tax on capital gains and profits under s. 41 (2) on different items sold by him under the aforesaid two documents in question, even then, the tribunal was patently in error when it held that rs. 13,000 were liable to be taxed by way of profit on sale of stock. 8. mr. divatia further contended that, in any .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1980
Reported in : (1981)22GLR1019
..... justice or by the high court, is, therefore, consistently regarded by the statutes as a function in the administration of justice (see in this connection clause 8 of the letters patent for the high court's of calcutta, bombay and madras, section 9 of the high courts act, 1861, section 106 of the government of india act, 1915 and sections 223 ..... court has also been invested with legislative power under section 122 of the code of civil procedure 1908, section 23 of the contempt courts act, 1971, section 158 of the patents act, 1970 and other laws.13. the constitution also vests in the high court's administrative power besides the judicial and legislative powers. under article 237(2), the high court ..... of any law made by the appropriate legislature. it might be recalled that the legislative power of the high court has its genesis in the relevant clauses of the letters patent and section 13 of the high courts act, 1861 and that a similar provision was to be found in sections 106 and 108 of the government of india act, 1915 ..... of any law made by the appropriate legislature. the judicial power of the existing high courts at the commencement of the constitution conferred by the material clauses of the letters patent as well as by the then extent laws made by the appropriate legislature is thus saved by article 225 read with section 223 of the government of india act, 1935 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-07-1980
Reported in : AIR1981MP123; 1981MPLJ202
..... . explanation-- the undertaking of coril referred to above shall be deemed to include all assets, rights, leases, tenancies, powers, authorities and privileges, trade marks, trade names, patent rights and licences for the use of patents and all property, movable and immovable, tangible or intangible (including cash and bank balances), reserve funds, book debts, outstandings, reserves, balances on revenue accounts, investments and all .....Tag this Judgment!
Court : Chennai
Decided on : Nov-04-1980
Reported in : (1981)1MLJ402
..... the plaintiffs father and defendants' mother and they cannot be brushed aside just as a mere coincidence. the trial court's finding that in karaikal region there are many muslim patents having the same name as mentioned in exhibits a-2 and a-3 can-not be accepted as there is absolutely no evidence in support of that finding. it therefore .....Tag this Judgment!