Skip to content


Judgment Search Results Home > Cases Phrase: patents Year: 1996 Page 1 of about 1,165 results (0.012 seconds)

Mar 08 1996 (HC)

Franz Xaver Huemer Vs. New Yash Engineers

Court : Delhi

Decided on : Mar-08-1996

Reported in : AIR1997Delhi79; 1996(25)ARBLR522(Delhi); 62(1996)DLT291; 1996(37)DRJ14; 1996RLR280

..... science and reveals the secrets of a dreaded disease. it is possible that a patentee could be permitted to suppress that invention for seventeen years (the term of the letters patent) and withholdfrom humanity the benefits of the cure.' we are in entire agreement with the strong views expressed by douglas, j. in his dissenting judgment. the philosophy behind his ..... (1945) 324 us 370 by a majority of five against four, observing again that they had 'no occasion to consider here..... whetherthe courts on equitable principles should decline and enjoin patent infringement.....' 19. for our purpose the minority view pronounced by douglas, j. in the special equipment co. case is important. he declared that the absolute right theory had come into ..... no. 468 of 1994 on 26-2-1994 seeking a permanent injunction restraining the respondent from making, using, exercising, selling or distributing any items which infringe the 5 patents belonging to the plaintiff bearing numbers 161520, 162589, 162369, 163591 and 163095 and for a mandatory injunction to hand over to the plaintiff all goods, advertising material or items which ..... and thereby seriously affecting our market and economy. the foreigner in this case is seeking temporary injunction against other users and the question is whether the non-use of the patented mechanical device by the foreigner in india can be a ground for refusing temporary injunction? 2. the appellant, franz xayer huemer, is an austrian citizen. he filed the suit .....

Tag this Judgment!

Apr 11 1996 (HC)

Hindusthan Lever Limited Vs. Godrej Soaps Limited and Others

Court : Kolkata

Decided on : Apr-11-1996

Reported in : AIR1996Cal367,(1997)1CALLT123(HC),100CWN562

..... absolute the former rule of practice as respects interlocutory injunctions in action for infringement actions. in my view the grant of interlocutory injunctions in actions for infringement of patents is governed by the same principles as in other actions .....,' 27. mr. chakraborty, learned counsel has submitted that in view of the above decision of the house ..... has been also stated that in the objection, alteration has been drawn to the fact that the analysis report mentioned 'water insoluble' and 'alcohol insoluble' whereas the patent is for 'water insoluble particulate structurant'. it is well known that the bis method for ascertaining water/alcohol insoluble particulate structurant is normally through the route of alcohol and ..... the petitioner. 9. hence the prayers for temporary injunction as follows:-- '(a) an order of injunction restraining the respondents, their servants, agents etc. from in any way infringing the patent no. 170131 of the petitioner; (b) a temporary injunction restraining therespondents, their servants, agents eic, from manufacturing, selling etc., the impugned bathing bar vigil with the words ' ..... throughout the country including calcutta through almost all retail outlets and the respondents have taken wrongful advantage of the publication of the invention of the petitioner under patent no. 170171 and patent application no. 274/ bom/88 in the official gazette notified for opposition purposes. on examination of the wrappers of the aforesaid samples of the toilet .....

Tag this Judgment!

May 01 1996 (SC)

Vikas Sales Corporation and Another, Etc. Etc. Vs. Commissioner of Com ...

Court : Supreme Court of India

Decided on : May-01-1996

Reported in : AIR1996SC2082; 1997(57)ECC1; JT1996(5)SC482; 1996(4)SCALE622; (1996)4SCC433; [1996]Supp2SCR204; [1996]102STC106(SC)

..... well as incorporeal property. debts, contracts and other choses-in-action are said to be chattels, no less than furniture or stock-in-trade. similarly, patents, copyrights and other rights in rem which are not rights over land are also included within the meaning of movable property. we are unable to see anything in the said ..... things (jura in re propria) and leases, servitudes and securities etc. (jura in re aliena). the material things are said to comprise land and chattels while immaterial things include patents, copyrights and trade marks, which along with leases, servitudes and securities are described as incorporeal property. the expression 'movable property' is stated to include (page 421) corporeal as ..... . 391). see animals ferae naturae....this definition also shows that the expression signifies 'things and rights considered as having a money value'. even incorporeal rights like trade marks, copyrights, patents and rights in personam capable of transfer or transmision, such as debts, are also included in its ambit. the meaning given to 'general property' and 'special property' are self ..... transfer or succession, and to their capacity of being injured. property includes not only ownership, estates, and interests in corporeal things, but also rights such as trade marks, copyrights, patents, and rights in personam capable of transfer or transmission, such as debts.property is of two kinds, real property (q.v.) and personal property (q.v.).property in reality .....

Tag this Judgment!

May 01 1996 (SC)

Vikas Sales Corporation and anr. Etc. Etc. Vs. Commissioner of Commerc ...

Court : Supreme Court of India

Decided on : May-01-1996

Reported in : (1996)134CTR(SC)152

..... well as incorporeal property. debts, contracts and other choses-in-action are said to be chattels, no less than furniture or stock-in-trade. similarly, patents, copyrights and other rights in rem which are not rights over land are also included within the meaning of movable property. we are unable to see anything in the said ..... things (jura in re propria) and leases, servitudes and securities etc. (jura in re aliena). the material things are said to comprise land and chattels while immaterial things include patents, copyrights and trade marks, which along with leases, servitudes and securities are described as incorporeal property. the expression 'movable property' is stated to include (page 421) corporeal as ..... . 391. see animals ferae nature.....'this definition also shows that the expression signifies 'things and rights considered as having a money value'. even incorporeal rights like trade marks, copyrights, patents and rights in personam capable of transfer or transmission, such as debts, are also included in its ambit. the meaning given to 'general property' and 'special property' are self ..... transfer or succession, and to their capacity of being injured. property includes not only ownership, estates, and interests in corporeal things, but also rights such as trade marks, copyrights, patents, and rights in personam capable of transfer of transmission, such as debts.property is of two kinds, real property (q. v.) and personal property (q. v.).property in reality .....

Tag this Judgment!

Dec 12 1996 (HC)

Tata Consultancy Services Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Decided on : Dec-12-1996

Reported in : [1997]105STC421(AP)

..... e. pearson and clifford g. miller - at page 2]. in india, however, different types of intellectual property rights are governed and protected by legislation like copy rights act, designs act, patents act, etc. there can be no doubt that intellectual property cannot be treated as personal chattel. there are, however, various articles which are also intellectual properties which enjoy the protection ..... intellect having the incidence of property; the products of thought, creativity and intellectual effort are the subject-matter of intellectual property rights. 37. in england 'intellectual property' includes copy rights, patents, designs, registered and unregistered trade marks and service marks, confidential information and other matters, such as semi-conductor chip design. in other countries not all these intellectual property rights are ..... of goods by p. s. atiyah 8th edition - at page 50) has considered the meaning of the term 'goods' and pointed out that items of intellectual property, such as copyrights, patents and trade marks are not 'personal chattels' and they do not fall within the definition of 'goods' in section 61 of the english sale of goods act, 1979 which is .....

Tag this Judgment!

Feb 16 1996 (HC)

Bindeshwari Prasad Singh Vs. M.P. State Mining Corporation and anr.

Court : Madhya Pradesh

Decided on : Feb-16-1996

Reported in : 1997(1)MPLJ244

..... of the same, to treat and render marketable such of the aforesaid and any other minerals as are capable of commercial exploitation; to apply for purchase or otherwise acquire any patents, licences and like rights etc. conferring exclusive or non-exclusive or limited rights, to use any secret or other information as to any invention which may seem capable of being .....

Tag this Judgment!

Nov 19 1996 (SC)

Collector of Customs (Preventive), Ahmedabad Vs. Essar Gujarat Ltd., S ...

Court : Supreme Court of India

Decided on : Nov-19-1996

Reported in : 1996(88)ELT609(SC); 1996(8)SCALE396; (1997)9SCC738; [1996]Supp8SCR757

..... of an agreement with midrex international, which was annexed to the agreement with v.a. v.a. had a construction licence and rights to use patents for marketing, sale, design and construction of the midrex plants, one of the stated objects for appointing v.a. was to raise the existing ..... into an agreement with midrex for process licence, which was annexed to the agreement and v.a. was holding construction licence and rights to use patents from midrex for marketing, sale, design and construction of the midrex plants at hazira, india.26. therefore, it appears from the two agreements that ..... the prevailing operating conditions based on the midrex process. it was recited that the collaborator (v.a.) was holding construction licence and rights to use patents from midrex for marketing, sale, design and construction of the midrex plants at hazira, india. the services that were to be rendered by v.a ..... midrex for the processing licence which was annexed to the agreement with v.a. v.a. was holding construction licence and the right to use patents from midrex for marketing, sale, design and construction of the midrex plant at hazira in india. v.a. undertook to render necessary engineering services ..... and hot briquetting facilities.4. it was further recited in the agreement that the collaborator (v.a.) was holding construction licence and rights to use patents from midrex international b.v. for marketing, sale, design and construction of the midrex plants at hazira, india.5. the agreements with v.a. .....

Tag this Judgment!

Apr 23 1996 (FN)

Markman Vs. Westview Instruments, Inc.

Court : US Supreme Court

Decided on : Apr-23-1996

..... issues of document construction to juries. making them jury issues would not, to be sure, necessarily leave evidentiary questions of meaning wide open in every new court in which a patent might be litigated, for principles of issue preclusion would ordinarily foster uniformity. cf. blondertongue laboratories, inc. v. university of ill. foundation, 402 u. s. 313 (1971). but whereas ..... of document interpretation and product identification, and held that expert testimony was properly presented to the jury on the latter, ultimate issue, whether the physical objects produced by the patent were identical. the court did not see the decision as bearing upon the appropriate treatment of disputed terms. as the opinion emphasized, the court's "view of the case ..... in answering the ultimate question of infringement. on that ultimate issue, expert testimony had been admitted on "the nature of the various mechanisms or manufactures described in the different patents produced, and as to the identity or diversity between them." id., at 814. although the jury's consideration of that expert testimony in resolving the question of infringement was ..... and the growth of english law in the eighteenth century 748 (1992). liardet was an enablement case about the invention of stucco, in which a defendant asserted that the patent was invalid because it did not fully describe the appropriate method for producing the substance. even setting aside concerns about the accuracy of the summary of the jury instructions .....

Tag this Judgment!

Oct 15 1996 (FN)

Warner-jenkinson Co. Vs. Hilton Davis Chemical Co.

Court : US Supreme Court

Decided on : Oct-15-1996

..... important than whether the test is probative of the essential inquiry: does the accused product or process contain elements identical or equivalent to each claimed element of the patented invention? different linguistic frameworks may be more suitable to different cases, depending on their particular facts. a focus on individual elements and a special vigilance against ..... skilled at copying or avoidance, and thus intentional copying raises an inference-rebuttable by proof of independent development-of having only insubstantial differences, and intentionally designing around a patent claim raises an inference of substantial differences. this explanation leaves much to be desired. at a minimum, one wonders however to distinguish between the intentional copyist making ..... predates graver tank, is not of statutory origin, and seems merely to reflect narrower inventions in more crowded arts. also, judicial recognition of so-called "pioneer" patents suggests that the abandonment of "central" claiming may be overstated. that a claim describing a limited improvement in a crowded field will have a limited range of permissible ..... that "do not describe the invention but use 'conveniently functional language at the exact point of novelty.'" id., at 8 (citation 4 petitioner argues that the evolution in patent practice from "central" claiming (describing the core principles of the invention) to "peripheral" claiming (describing the outer boundaries of the invention) requires that we treat graver tank .....

Tag this Judgment!

May 02 1996 (HC)

Gramophone Company of India Limited Vs. Shanti Films Corporation and O ...

Court : Kolkata

Decided on : May-02-1996

Reported in : AIR1997Cal63

..... to sue both in damages /or the breach and also for consideration. the court further held that the plaintiff had a vendoris lien on the patents in the hands of the company for the unpaid minimum royalty and the plaintiff was entitled as against the assignee to an account for the royalties ..... to an end and to sue for damages for the breach. the plaintiff claimed un-paid minimum royalty by way of damages and a lien on the patents for the royalties as unpaid purchase money. the assignee became bankrupt, whereupon the company pleaded that the plaintiff, having elected to treat the agreement as an ..... be terminated by the publisher at its discretion. 29. dansk rekylrifsel v. snell ((1908) (2) ch 127) is a case on patent, where the plaintff agreed to sell some patents in consideration of some payment in cash and the balance on royalty. it provided that if default is made in payment of minimum royalty ..... the whole of minimum royalty would become immediately payable. thereafter upon payment of the agreed cash amount the patents were assigned for a nominal consideration and without reference to the agreement or any reservation of royalty. the purchaser thereupon leased out the ..... patent to a company who acquired the same with notice of the agreement. the company paid the minimum royalty thereafter. the assignee thereupon .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //