Court : Mumbai
Decided on : Dec-23-2004
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 : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Dec-21-2004
Reported in : (2005)(101)ECC10
..... drills taps, end mills etc. are imported from gunther co. gmbh, germany, under the collaboration agreement indian company is allowed to manufacture and sell products as per designs, trademarks and patents of their foreign collaborators. the technical know how and royalty are related to the imported goods because such imports are of no value unless they are processed / manufactured in accordance ..... (b) gunther gmbh (germany) ("ctt", both of whom were part of the ctt tools business of the sandvik group). under this agreement, ctt allowed the benefit of the know how, patents and trade mark rights in respect of the specified products, viz., high speed steel taps, solid carbide cutting tools, etc, which titex was manufacturing in india. titex were under no ..... no evidence produced to show that the said contention, which is purely a question of fact was false. i) it relates solely to the use of the know how and patent and trade marks rights granted thereunder in the production and manufacture in india of the said specified finished goods. ii) the royalty payable thereunder is only related to such local .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-2004
Reported in : 2005(1)CTC27
..... at liberty to move the central government for necessary directions invoking the power of the central government conferred under section 24-d(2) of the patents act, 1970.11. from the above rival contentions made by either side on the validity of the emr granted in favour of the respondents/plaintiffs ..... or whether or not the invention involves any new inventive skill having regard to what was known or used prior to the date of the patent, it may not be just and proper to pass an order of interim injunction restraining the appellants/defendants from pursuing their normal business activities.7 ..... by the authority, the central government alone can, by notification, pass appropriate directions exercising the power conferred under section 24-d(2) of the patents act.4. pending the above suits, the respondents/plaintiffs sought for an order of interim injunction, which is identical in all the original applications and ..... approval to sell the identical product was granted in australia on 13.8.2001 followed by the proceedings dated 28.2.2002, by which, the patent product was granted in australia;(vi) on 4.12.2001, marketing approval for an identical product was granted in india in favour of the second ..... imalek','imanib','zoleta' and 'temsan' respectively or any other brandname/mark or otherwise; so long as the exclusive marketing right granted by the controller of patents on 10.11.2003 under emr no. 002 and notified in the official gazette on 13.12.2003 is subsisting;(b) for a direction to .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Dec-20-2004
Reported in : (2005)(126)LC364Tri(Delhi)
..... "licensed vehicles and the parts and components therefore"; that as per article 2.1, mitsubishi has granted to the appellants a non-exclusive license to the technical assistance and the patents solely for purpose of assembling and manufacturing the licensed products and selling the same in specified territories; that according to article 1.5, "technical information" means all the lists, specifications ..... also, a perusal of the "license and technical assassinated agreement" reveals that m/s.mitsubishi had granted to hindustan motors ltd. a license to use the technical assistant and the patents solely for assembling and manufacturing the licensed product and the conditions of payment of consideration (yen 451,220,000) would be in three instalments without any reference to the goods .....Tag this Judgment!
Court : Authority for Advance Rulings
Decided on : Dec-15-2004
..... under the service contract. however, separate consideration has been provided for installation, services and training. the original contracts contemplate use and right to use of intellectual properties like patents etc. subject to grant of license to the applicant. computer software and technical documentations etc. are described as property of the queen of canada. certain limitations have been ..... a literary, artistic, or scientific work, including cinematograph films or work on film, tape or other means of reproduction for use in connection with radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience, including gains derived from the alienation of any such ..... clear from that sub-para that payments of any kind received as consideration for the use of, or the right to use, any copyright of a scientific work, any patent, design or model, secret formula or process, or for information concerning industrial, commercial or scientific experience, including gains derived from the alienation of any such right or ..... expressions not relevant to the present discussion are omitted). if the payment represents consideration for the use of, or the right to use, any copyright or scientific work of any patent design or model or process, it would fall within the meaning of ??royalties ? . the expression ??fee for included services ? as defined in para 4, quoted above, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-08-2004
..... defense that a descriptive use be [un]likely to deceive the public. hearings on h. r. 102 et al . before the subcommittee on trade-marks of the house committee on patents, 77th cong., 1st sess., 167 168 (1941) (hereinafter hearings) (testimony of prof. milton handler). footnote 5 see also hearings 72 (testimony of wallace martin, chairman, american bar association committee on ..... appeals courts took it to be so, and the disputed facts do not matter to our resolution of the issue.[ footnote 1 ] in 1992, lasting applied to the united states patent and trademark office (pto) under 15 u. s. c. 1051 for registration of a trademark consisting of the words micro colors in white letters separated by a green bar within .....Tag this Judgment!
Court : House of Lords
Decided on : Oct-21-2004
..... diplock in catnic components ltd v hill and smith ltd  rpc 183, 243 when he said that the new approach should also be applied to the construction of patent claims: "a patent specification should be given a purposive construction rather than a purely literal one derived from applying to it the kind of meticulous verbal analysis in which lawyers are too ..... to methods of purification. it is true that the patentee must be taken to have contemplated the kind of method a skilled man would have adopted in 1984 and the patent cannot become insufficient because some entirely different method, consistently producing uepo with a different molecular weight, is invented afterwards. but the specification refers to a number of methods of ..... have thought he was claiming. the background was the tendency to literalism which then characterised the approach of the courts to the interpretation of documents generally and the fact that patents are likely to attract the skills of lawyers seeking to exploit literalism to find loopholes in the monopoly they create. (similar skills are devoted to revenue statutes). 42. if ..... is article 69 of the epc, which applies to infringement proceedings in the domestic courts of all contracting states: "the extent of the protection conferred by a european patent or a european patent application shall be determined by the terms of the claims. nevertheless, the description and drawings shall be used to interpret the claims." 20. in stating unequivocally that the .....Tag this Judgment!
Court : House of Lords
Decided on : Oct-14-2004
..... new york. 44. mr thorley also relied upon cases in the netherlands, france and germany in which foreign sellers had been held liable for patent infringement. in probel v parke davis (1964 nj 1372, no 494) the supreme court of the netherlands decided that a belgian seller had infringed ..... not been suggested that there was: "anything inventive in the specific arrangement or design of parts required for the burners the subject of the patent, other than those arrangements or designs which are included to overcome the first two disadvantages" 30. mr thorley said that this was not so ..... the integers." 18. although this statement was made by reference to the pre-1977 united kingdom law, the same principles are applied by the european patent office. the judge referred to the epo guidelines for substantive examination, where the following statement of principle appears in the current (dec 2003) edition ..... not been suggested that there is anything inventive in the specific arrangement or design of parts required for the burners the subject of the patent, other than those arrangements or designs which are included to overcome the first two disadvantages. therefore it is the first two disadvantages and the ..... venturi effect", increased its pressure. 5. the pipe was a substantial piece of hardware taking up space beneath the hob. the specification of the patent in suit described the disadvantages of such burners: "they are relatively tall, for which reason they are not suitable or cannot be used for .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-07-2004
Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672
..... 1 of the cpc.c) there is no inconsistency between section 104 read with order 43 rule 1 and the appeals under letters patent, as letters patent in any way does not exclude or override the application under section 104 read with order 43 rule 1 which shows that these ..... in the appeal against the ultimate decree in terms of section 105 thereof.nature and extent of power of the high court under letters patent :36. letters patent is a special statue but in the event of a conflict, as would appear from the discussions made hereinafter, the provisions of the ..... court exercising appellate jurisdiction, provided the judgment appealed against is not one which was preferred against an appellate order, meaning thereby that no letters patent appeal would lie against an order passed by a single judge in second appeal, or an order passed in revisional jurisdiction, the latter part ..... 1988]2scr1043 and dipak chandra ruhidas v. chandan kumar sarkar, : air2003sc3701 .52. even in the aforementioned cases also, it has been held that a letters patent appeal may be barred by implication.appeal under special statute:53. the question, however, may be different when an appeal is provided for under a special ..... election petition expressly provided under section 116a of the representation of the people act, it will be evident that a right of appeal under the letters patent had been held to have been taken away by necessary implication. (see n.p. ponnuswami v. returning officer. namakkal constituency and ors. 1952 .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Oct-06-2004
Reported in : (2005)(179)ELT481Tri(Mum.)bai
..... , japan. agreements are dated 6-8-94, 9-3-98, 2-2-02 and 7-11-02. in terms of the agreements, khi provided technical know-how, technical assistance and patents for the above mentioned variety of motor cycle. show cause notice dated 29-7-2002 was issued to bal and khi proposing recovery of service tax under the provisions of .....Tag this Judgment!