Court : Delhi
Decided on : May-26-1999
Reported in : 1999IVAD(Delhi)613; AIR2000Delhi23; 80(1999)DLT56
..... as laid down in the american cynamid case (supra) the plaintiffs are entitled to injunction in their favour. according to the plaintiff various arguments relating to the validity of the patent and aspects such as prior publication etc. would depend on evidence. the aforesaid submission of the learned counsel for the plaintiff, in my considered opinion, is misplaced. some of the ..... connection reference may be made to the case of bishwanath prasad v. hindustan metal industris; : 2scr757 . in the said decision the supreme court held that in order to be patentable an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement; and must independently satisfy the test of ..... that pouches for storing and dispensing of lubricating oil were being used and were being purchased by the indian oil corporation from diverse sources much prior in advance to the patent of the plaintiff. the aforesaid allegation however, is denied by the plaintiff contending inter alias that there was no prepublication of the aforesaid goods prior to the grant of ..... , cancel the provisional specification and post-date the application to the date of filing of the complete specification. the controller has been vested with the power to post-date the patent under the provisions of section 17 of the act which reads as under:- 17. power of controller to make orders respecting dating of application. - (1) subject to the provisions .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-28-1999
Reported in : (2000)1CALLT7(HC)
..... designs registered in any other part of 'his majesties dominions' provided the central government found that such other dominion had made satisfactory provision for the protection of inventions or designs patented or registered in india. under section 78a(4) of the 1911 act, the united kingdom, new zealand, eire. ceylon, canada and australia were notified as convention countries. the applicant ..... act is section 135. section 135(1) provides :'135. convention application.--(1) without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the 'basic application'), and that person or the legal representative or assignee of that person makes an ..... application under this act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed ..... convention country for all the provisions of the act with retrospective effect from 20lhapril 1972. the explanatory memorandum issued in. support of the notification dated 29.12.1972 reads :the patents act, 1970 was brought into force on the 20th april, 1972. under section 133(1) of that act, the central government is empowered to declare a country as a .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-02-1999
Reported in : 2000(2)AWC897
..... officer of a district court. the civil procedure code, to which reference is made in the definition clause in some of the other enactments like guardians and wards act and the indian patents and designs act already referred to in section 2(4) gives the definition of -district' and it was held that the term of section 62, specially subsection (2) imply that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-23-1999
..... j. 453 (1997); bertha, intellectual property activities in u. s. research universities, 36 idea: j. l. & tech. 513 (1996); eisenberg, public research and private development: patents and technology transfer in government-sponsored research, 82 va. l. rev. 1663 (1996). 658 658 florida prepaid postsecondary ed. expense ed. v. college savings eank stevens, j., dissenting ..... pokotilow & siegal, cease and desist letters: the legal pitfalls for patentees, 4 intellectual property strategist, no.3, 6 the chairman of the house subcommittee considering the patent remedy act, representative kastenmeier, engaged in the following dialogue with william thompson, president of the american intellectual property law association, about whether states were definitively immune from ..... adequate remedies are provided and followed, no ... deprivation of property without due process can result"). congress, however, barely considered the availability of state remedies for patent infringement and hence whether the states' conduct might have amounted to a constitutional violation under the fourteenth amendment. it did hear a limited amount of testimony to ..... 's substantive provisions, and must tailor its legislative scheme to remedying or preventing such conduct. pp. 634-639. (b) here, the underlying conduct is unremedied patent infringement by states. however, in enacting the act, congress identified no pattern of such infringement, let alone a pattern of constitutional violations. the house report provided .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Chandigarh
Decided on : Apr-29-1999
Reported in : (2000)242ITR1(Chd.)
..... department had no evidence about the expenditure incurred by the institution towards the research carried out by the respondent along with two others leading to the invention and the subsequent patenting of the same and it was purely on surmises and conjectures that it was observed that "huge expenditure" must have been incurred. no query was raised from the assessee ..... not correct because no doubt the assessee had not spent anything for the invention, but the organisation for which the assessee was working had incurred huge amount and thus the patent right in fact belonged to the organisation. according to him, the components invented/developed by the assessee did belong to the organisation which was spending huge amounts on research ..... since the assessee was working as a scientist with cmeri and during his tenure as a scientist he invented certain tractor components. these had necessarily to be assigned to the patent organisation for which that organisation was incurring huge expenses. according to the assessing officer, the assessee may not have incurred any expenditure for this invention but the organisation for ..... doubt assessee has not spent anything for the said invention but the organisation for which the assessee was working as a research scholar, had incurred huge amount and thus the patent right in fact belonged to the organisation.the components invented/developed by the assessee did belong to the organisation which was spending huge amount on its research and development, .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-07-1999
..... the coal, lignite, oil, and natural gas in the public lands"). finally, congress passed the 1909 act, which authorized the federal government, for the first time, to issue limited land patents. in contrast to the broad reservations of mineral rights proposed in the failed bills, however, the 1909 act provided for only a narrow reservation. the 1909 act authorized issuance of ..... a compromise that would reconcile the competing interests of protecting settlers and managing federal coal lands for the public good. president roosevelt and others urged congress to begin issuing limited patents that would sever the surface and mineral estates and allow for separate disposal of each. see id., at 49 (quoting special message to congress, jan. 22, 1909, 15 messages and ..... that cem gas was not included in the acts' coal reservation, oil and gas companies entered into cem gas leases with the individual landowners of some 200,000 acres of patented land in which the tribe owns the coal. the tribe filed suit against petitioners, the royalty owners and producers under the leases, and federal agencies and officials (respondents here), seeking ..... to western settlers pursuant to the coal lands acts of 1909 and 1910 conveyed the land and everything in it, except the "coal," which was reserved to the united states. patented lands included reservation lands previously ceded by respondent southern ute indian tribe to the united states. in 1938, the united states restored to the tribe, in trust, title to ceded .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-24-1999
Reported in : (2000)1GLR680
..... court held that no person can claim exclusive right of descriptive name. similarly, delhi high court in the case of rupee gains tele-times pvt. ltd. v. rupee times, 1995 patents and trade marks cases, 384, held that the word 'rupee' is not distinctive word and it is connected with trade and business.29. what is the position here? the plaintiff ..... '.28.2. similar view was taken by the madras high court in the case of indo-pharma pharmaceuticals works limited v. citadel fine pharmaceuticals limited, air 1998 madras 347 = 1998 patents and trade marks cases 775. in that case the appellant had filed the suit for injunction restraining the respondents from infringing its registered trademark 'enerjase'. the other company was using ..... .1. similar question arose before the high court of punjab & haryana in the case of punjab state co-operative supply and marketing federation limited v. sona spices private limited, 1987 patents and trademarks cases 294 (punjab & haryana). in that case punjab & haryana high court has refused the injunction as claimed for as there was no similarity to deceive an ordinary customer ..... of the user....'28. similarly, reliance can also be placed on a decision of the madras high court in the case of parle products limited v. bakemans industries limited, 1998 patent and trademarks cases, 662 (madras) wherein similar question was called for determination. in that case the applicant was a registered proprietor of the trademark gluco. the respondent was selling biscuits .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-10-1999
..... court/court review will produce better agency factfinding. it says that the standard encourages the creation of "administrative records that more fully describe the metes and bounds of the patent grant" and "help avoid situations where board fact finding on matters such as anticipation or the factual inquiries underlying obviousness become virtually unreviewable." 142 f. 3d, at 1458 ..... . neither the circuit nor its supporting amici, however, have explained convincingly why direct review of the pto's patent denials demands a stricter factrelated review standard than is applicable to other agencies. congress has set forth the appropriate standard in the ap a. for the reasons stated, we ..... the federal circuit is reversed. we remand the case for further proceedings consistent with this opinion. so ordered. appendix to opinion of the court review of 89 pre-apa ccpa patent cases reciting "clear" or "manifest" error standard cases referring to both technical complexity/agency expertise and the agreement (disagreement) within the agency stern v. schroeder, 17 c. ..... standard was an "additional requiremen[t] ... recognized by law." 5 u. s. c. 559. it is undisputed that, until to day's decision, 171 both the patent bench and the patent bar had concluded that the stricter "clearly erroneous" standard was indeed such a requirement placed upon the pto. * agency factfinding was thus reviewed under this stricter standard; in my .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-11-1999
Reported in : 2000(67)ECC404; 2000LC529(SC); 2000(115)ELT597(SC); JT2000(1)SC108; 2000(1)SCALE72; 1SCR137
..... these rules.interpretative note:rule 9(1)(c) 1. the royalties and licence fees referred to in rule 9(1)(c) may include among other things, payments in respects to patents, trademarks and copyrights. however, the charges for the right to reproduce the imported goods in the country of importation shall not be added to the price actually paid or payable ..... . now, if we refer to the interpretative note relating to rule 9(1)(c) it says that royalties and licence fees may include, among other things, payments in respect to patents, trade marks and copyrights. there is, however, an exception which says that the charges for the right to reproduce the imported goods in the country of importation shall not be .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Apr-29-1999
Reported in : (2000)72ITD514(Delhi)
..... of 10 years. rs. 19.43 lakhs were paid by m/s. wimco to nrdc upto 31-3-1986 and thereafter payment was stopped after coming to know that main patent covered licence had expired. there was dispute between m/s.wimco & nrdc and a claim of rs. 1.24 crores approximately was made and in between assessee acquired business of ..... addition of a non-corrodible metal coating, a useful anode can be produced. extensive research work culminated in the filing of patents in 1957 in the netherlands and the u.k. (5-6) in 1958, which led to a group of patents (7-9) where oxides of noble metals are used in the coating of titanium, in particular, rethenium oxide in combination .....Tag this Judgment!