Court : Mumbai
Decided on : Jul-11-1968
Reported in : AIR1969Bom255; (1974)76BOMLR130
..... sold the said tablets under the name uni-tolbid or tolbutamide but claim that the said tablets had been manufactured by the application of the processes mentioned in another patent, being patent no. 64323 held by the haffkine institute of bombay which is owned by the present second defendant state, under a licence granted to them by the second defendants ..... statement itself shows that, in point of fact, it is the same; (2) that the defendants have been synthesising their drug by the process mentioned in the second defendants' patent no. 64323, which consists of the preparation of substituted benzensulphonyl ureas from the corresponding substituted benzenesulphonyl-thioureas by desulphurisation with hydrogen peroxide; (3) that the drug which is the ..... technical literature on the subject for the purpose of carrying them into effect. 'an embodiment' of the invention is, therefore, in my opinion, sufficiently described in the plaintiffs patent and that description is not unnecessarily difficult to follow, it being sufficient to enable the invention to be carried into effect 'without making further inventions'. as far as claim no ..... than brilliancy and the new discovery produced illuminating appliances which had other qualities, viz. rigidity, flexibility or durability. judged by these tests, the position is that the plaintiffs' patent in the present case cannot be attacked on the ground of want of utility, since it certainly gives a 'useful choice' in the matter of compounds with a blood .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-01-1968
Reported in : 70ITR760(Bom)
..... related products. under this agreement of 1st march, 1954, cilag limited was granting to cilag hind an exclusive and non-transferable licence to use in india cilag's patents and secret processes for manufacturing the same kind of products. which cilag limited itself was manufacturing. clauses (3), (9) and (11) provided for the necessary and ..... know-how and the secret processes which cilag limited had acquired because of its extensive knowledge and practical experience and research in the particular field and the patents which it had developed and acquired clearly constituted the commercial assets of cilag limited, which it was using in the course of its business of development, manufacture ..... the said agreement, stated that whereas cilag in terms of the said agreement granted to cilag hind exclusive and non-transferable licences for all of cilag's relevant patents, whether protected or not, secret industrial and laboratory processes, formulae, scientific and technical data and assistance in connection with the manufacturein india by cilag hind of ..... such manufacture cilag limited had established, maintained and was continuously developing laboratories for chemical, medical, biological, bacteriological and related research work factory and standardization laboratories and also patent, engineering and propaganda departments and thus had acquired valuable scientific and practical experience enabling it not only to improve already existing products and manufacturing processes, but also .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-03-1968
Reported in : 71ITR752(Guj)
..... that account a mere licensee for a limited period of the technical knowledge of the swiss company with the right to use the patents and trade marks of that company. the assessee acquired under the agreement merely the right to draw, for the purpose of carrying on its business as manufacturer and dealer of ..... contribution was allowable as business expenditure under section 10(2)(xv). the assessee did not under the agreement become entitled exclusively, even for the period of the agreement, to the patents and trade marks of the swiss company; it had merely access to the technical knowledge and experience in the pharmaceutical filed which the swiss company commanded. the assessee was on ..... 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 patents listed in the agreement to make use, exercise and vend the inventions specified therein in india and also a licence to certain specified trade marks in the territory subject to ..... ) without the written consent of the swiss company, not to assign the benefit of the agreement or grant sub-licences of the patents and trade marks; and (c) upon termination of the agreement for any cause to use the patents and trade marks and to return to the swiss company all copies of information, scientific data or material sent to it and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1968
..... . 1505 (1966); b. kaplan, an unhurried view of copyright 104-106 (1967); statement of then acting assistant attorney general (antitrust division) zimmerman, hearings on s. 1006 before the subcommittee on patents, trademarks, and copyrights of the senate judiciary committee, 89th cong., 2d sess., at 211-219 (1966). [ footnote 32 ] the solicitor general would have us hold that catv systems do perform ..... provision was struck from the bill on the house floor prior to enactment. see n 33, infra. the house and senate bills are currently pending before the senate subcommittee on patents, trademarks, and copyrights. [ footnote 18 ] the court formulated and applied this test in the light of this court's decision in buck v. jewell-lasalle realty co., 283 u. s ..... .; hearings on h.r. 4347, 5680, 6831, 6835 before subcommittee no. 3 of the house judiciary committee, 89th cong., 1st sess. (1965); hearings on s. 1006 before the subcommittee on patents, trademarks, and copyrights of the senate judiciary committee, 89th cong., 2d sess. (1966). h.r. 4347 was reported favorably by the house judiciary committee, h.r.rep. no. 2237, 89th .....Tag this Judgment!
Court : Chennai
Decided on : Sep-27-1968
Reported in : 71ITR433(Mad)
..... . never advertise. they canvass a small market, now principally at nottingham since german manufacturers have learnt to supply their own markets. they have no trade-mark, sign, badge, or patent; any patents for machinery that there may be have been treated as of no account. one machine is practically as good as another, and the product is so uniform that anyone who ..... capital gains are assessable in the case of transfer of goodwill, the indian act did not have in contenplation, when enacting section 12b, that self-created a assets like copyright, patents and goowill should be subjected to capital gains arising on their transfer. it is enought to say that, complex and difficult as this question is, we are not satisfied a ..... acquired. sophian in his book on taxation of capital gains gives 'goodwill' as an example of property created by the person disposing of it as also paintings, sculptures, copyrights and patents. he gives the example of a diamond picked up in a street or a land over which squatters title had been obtained as example of a property coming to be .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-20-1968
..... plan for disposing of certain sectors of its business; it was to grant to any applicant, except a deliberate infringer, a nonexclusive license under any or all patents held by it on reasonable nondiscriminatory royalty terms; it was not to acquire any patents or patent applications except those acquired by reason of bona fide employment of the inventor, nor was it to acquire ..... patents or patent applications under exclusive license; it was not to acquire any second-hand shoe machinery or any shoe machinery manufacturer or a manufacturer or distributor of supplies for shoe factories. [ footnote .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-18-1968
..... breach of an oil and gas lease which they had executed to respondent with the approval of the acting commissioner of indian affairs involving land which they held under trust patents issued by the united states under the general allotment act of 1887, as amended. that act provided that individual indians were to be allotted land on their reservations which the ..... , who are comanche indians, have standing to sue under an oil and gas lease approved by the department of the interior for use on land held by indians under trust patents issued by the united states. in 1947, the acting commissioner of indian affairs approved an oil and gas lease which petitioners had executed to respondent, skelly oil company, on the ..... view, the decision below unduly restricts the right of the indians to seek judicial relief for a claimed injury to their interests under the oil and gas lease. the trust patents to the land in question were issued to petitioners under the general allotment act of 1887, 24 stat. 388, as amended, 25 u.s.c. 331-358, which provided that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-17-1968
..... kind of competition which a second-hand market offers. also it prevents competitors from acquiring united machines with a view to copying such parts of the machines as are not patented, and with a view to experimenting with improvements without disclosing them to united. (d) united's practice of rendering repair service only on its own machines and without separate charge ..... exercise of a lawful monopoly. one might possibly disagree with this reading of the 1918 opinion, but it was an authoritative gloss. after 1922, and after the expiration of the patents on its major machines, there was no sound basis to justify reliance by united on the 1918 case as a definitive pronouncement that its leasing system provided legally insufficient evidence ..... leases were attacked under the former bill as violative of the sherman act is true, but they were sustained as valid and binding agreements within the rights of holders of patents." 258 u.s. at 258 u. s. 460 . this view was supported by other references to the 1918 opinion which described the question at issue there as being whether united .....Tag this Judgment!
Court : Kolkata
Decided on : May-28-1968
Reported in : AIR1968Cal582,73CWN169
..... the facts found, claim these characteristics in the present appeal. 37. an interesting case is the one of 'london candles' reported in (1909) 26 rpc 797 under the title prices patent candles co. ltd. v. ogston and tennant ltd this raised the question of a geographical name acquiring a secondary meaning and not in the geographical place but somewhere outside. price ..... taboo on geographical names appeared in the patents, designs and trade marks act, 1888 of england where under section 64(1)(e) these familiar words appeared 'a word or words having no reference to the character or quality ..... of how the statute has reacted towards a geographical name and its registration under the trade marks act in the earlier english acts like trade marks registration act 1875, the patents. designs and trade marks act 1883 and the merchandise marks act 1887 there was no special provision at all relating to geographical names in england. for the first time the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-02-1968
Reported in : AIR1970AP194
..... transfer merely because ther is a dispute regarding jurisdiction. in narain das v. khunni lal, (air 1934 all 569), iqbal ahmad, j., held tht court toentertain a suit is not patent or is ot admitted, the power of the high court to trnsfer a sut is untrammelled by any conditins and it si not necessary for the court before making an ..... a proper judicial process. ths case is really of no assistance because it was a case where the lack of jurisdiction of the subordinate judge to entertain the suit was patent and admitted and the order of transfer was itself made to get ever the plea of jurisdiction.6. in (1881) ilr 6 cal 30, an appeal was filed inadvertently in ..... a suit in the corut of a subordinate judge for damages for an alleged infringment of certain exclusive rights secured to him by three indian kpatents. s. 22 of the patents act expressly provided that such a sut could be laid only in the court of the district judge. the defendant filed a written statement objecting to the jurisdiction of the .....Tag this Judgment!