Court : Income Tax Appellate Tribunal ITAT Hyderabad
Decided on : Jun-04-2002
Reported in : (2003)87ITD249(Hyd.)
..... per the note given by him at page-10 of the paper-book vol. ii, he is recipient of various awards for inventions and product development, and there are 27 patents and designs to his credit. every member of his family is in industry and trade.2. the two units, kabsons industries, hosur and g.k. kabra enterprises, pune run lpg .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-03-2002
..... 800 (1988), in which this court affirmed the jurisdictional decision of the federal circuit; in discussing the "well-pleaded complaint rule," the federal circuit observed that a patent infringe- trict court's judgment rests on multiple grounds, directing the appeal is a relatively straightforward matter by reference to the complaint. as judge easterbrook explains in kennedy v ..... and there is very good reason not to make the choice of appellate forum turn on such distinctions. requiring assessment of a defendant's motive in raising a patent counterclaim or the counterclaim's relative strength wastes judicial resources by inviting "unhappy interactions between jurisdiction and the merits." kennedy there is, of course, a countervailing interest ..... of jurisdiction under 1338(a).2 as the instant litigation demonstrates, claims sounding in these other areas of intellectual property law are not infrequently bound up with patent counterclaims. the potential number of cases in which a counterclaim might direct to the federal circuit appeals that congress specifically chose not to place within its exclusive ..... not infringe respondent's trade dress and an injunction restraining respondent from accusing it of trade-dress infringement in promotional materials. respondent's answer asserted a compulsory counterclaim alleging patent infringement. the district court granted petitioner the declaratory judgment and injunction it sought. 93 f. supp. 2d 1140 (kan. 2000). the court explained that the .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-28-2002
..... the patent. prosecution history estoppel ensures that the doctrine of equivalents remains tied to its underlying purpose. where the original application once embraced the purported equivalent but the patentee ..... (ca fed. 1997) ("prosecution history estoppel ... preclud[es] a patentee from regaining, through litigation, coverage of subject matter relinquished during prosecution of the application for the patent"). were it otherwise, the inventor might avoid the pto's gatekeeping role and seek to recapture in an infringement action the very subject matter surrendered as a condition of receiving ..... and electronics engineers-united states of america by andrew c. greenberg and matthew j. conigliaro; for medimmune, inc., by harvey kurzweil and henry j. ricardo; for the patent, trademark, & copyright section of the bar association of the district of columbia by william p. atkins; for the philadelphia intellectual property law association by joan taft kluger and ..... 29, which had acknowledged that competitors may rely on the prosecution history to estop the patentee from recapturing subject matter surrendered by amendment as a condition of obtaining the patent. on remand, the en banc federal circuit reversed, holding that prosecution history estoppel applied. the court ruled that estoppel arises from any amendment that narrows a claim .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-20-2002
Reported in : AIR2002SC2445; 2002(5)ALT19(SC); 2002(2)BLJR1626; [2002(3)JCR34(SC)]; JT2002(Suppl1)SC494; 2002(2)KLT792(SC); 2002(4)SCALE662; (2002)5SCC548; 3SCR1098
..... compensation commission, namely the entitlement 'to enter upon the enquiry in question'. the learned counsel, therefore, submitted that if clause 36 of the letters patent of madras high court was attracted to erstwhile malabar state now forming new state of kerala, from where the cases emanated, the differences of opinion ..... in section 52 preceded by such words 'original and appellate' is an expression of wide import and would, therefore, include clause 36 of letters patent of madras high court which governs subject matter of power and jurisdiction of one or more judges of that high court in the event of ..... the above view and confirming the decree of the subordinate court committed a grievous mistake of law in holding that clause 36 of the letters patent did not cover a situation like the one before them. it is argued that even though the two judges have delivered separate judgments, ..... attract the application of the proviso thereto'.10. the other question that was considered by the division bench is whether there is any letters patent applicable to high court of kerala which indicates a different procedure for resolving difference of opinion expressed by them in their two separate judgments. ..... under the jurisdiction of the high court of judicature, madras and in these appeals, the provision that has to be looked for is the letters patent for the high court of judicature, madras. therein, again, there is no provision corresponding to section 23 of the travancore-cochin high court act .....Tag this Judgment!
Court : Karnataka
Decided on : May-18-2002
Reported in : ILR2002KAR3258
..... of the act is misconceived, arbitrary and illegal and unsustainable. the petitioner has no locus stand to file the petition. the respondent has traversed averment made in the petition regarding patent and copyright owned by petitioners and has further emphatically denied that petitioners have been using work and trademark 'prestige' and that they enjoy great reputation and goodwill among traders and ..... proves that they are the authors of artistic work 'prestige' which was stylized and first used by petitioners in 1981 itself when the said artistic work was registered under the patents act in respect of various products manufactured and marketed by petitioners and the respondent has imitated and adopted the said artistic work which has created an impression that respondent is .....Tag this Judgment!
Court : Delhi
Decided on : May-10-2002
Reported in : 2004(29)PTC160(Del)
..... 1 and 2 had put in appearance before learned single judge and in response to the notice issued in this appeal affidavit of mr. t.r. subramanian, controller general of patents, designs and trade marks was filed supported with documents. affidavit was also filed of shri amar prakash, assistant registrar trade marks, trade marks registry, mumbai. in the two affidavits, respondents ..... are the wives respectively of appellant no. 1 and respondents 3 and 4. respondent no. 1 is the registrar of trade marks. respondent no. 2 is the controller (general) of patents, designs and trade marks.3. the appellants have stated the background in which they claimed the reliefs saying that in the year 1959 appellant no. 2 established kangaro stationery industry .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-08-2002
Reported in : (2002)(145)ELT296TriDel
..... ), all the properties, assets, work-in-progress, current assets, investments, powers, authorities, allotments, approvals and consents, licences, registrations, contracts, engagements, arrangements, rights, titles, interests, benefits and advantages of whatever nature, patents, trade marks, trade names, etc., stood vested in the transferee company i.e.appellant. all debts, liabilities, duties and obligations as per clause (f) of the scheme sanctioned by the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
Decided on : Apr-12-2002
Reported in : (2002)(145)ELT362Tri(Bang.)
..... they had cleared 'filters' with the brand name of m/s ultra filter gmbh, germany by suppressing the fact of having entered into technical collaboration with the german company, using patents and affixing the brand name of the collaborator company, who were not eligible for the exemption of notification no, 175/86. this activity was alleged to be with an intention .....Tag this Judgment!
Court : Delhi
Decided on : Apr-10-2002
Reported in : 2002(25)PTC262(Del)
..... to as the said pfizer inc., obtained an order of the commerce court of the canton of zurich dated 15th december,1999, re trademarks and patents, court's records no.h.f.990007. i state that pursuant to mutual discussion between the said pfizer inc. and the defendant herein a settlement ..... the analytical report: 5(e) disintegration test and 5(g) assay and toxicity test have been specifically mentioned. iv. schedule-v lays down standards for patent and proprietary medicines (definition of ready to use medicine is that which is not specified in indian pharmacopoeia or any other prescribed pharmacopoeia sec-3(h) ..... the product of the plaintiff. this suffix 'gra' was commonly used in naming drugs. in support it was submitted that searches conducted at the us patent and trade mark office for trade marks containing the suffix gra clearly establishes that number of drugs on the like register use this suffix e.g. panagra ..... the question of transborder or spill-over of international reputation, notwithstanding the fact that india is not a signatory to the paris convention and the patents law has not so far been amended in india after signing of gatt. in november 1993 the delhi high court restrained two local companies by ..... objection of the defendants that the case of the plaintiff is limited to claim for passing off and is not a case of alleged infringment of patent, copyright, design or trade mark nor any pleadings to this effect in the plaint or in the application under order xxxix rule 1 and 2 .....Tag this Judgment!
Court : Chennai
Decided on : Mar-18-2002
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!