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!
Court : Madhya Pradesh
Decided on : Oct-03-2002
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
..... hold that the law laid down in the case of sachish chandra jain (supra), that substitution of section 100a of thecode affects the letters patent appeals which have been preferred prior to 1-7-2002 and are pending for adjudication and hence, not maintainable, does not correctly state the ..... that aspect we think it appropriate to dissect whether section 100a of the code affects the pending appeals preferred under clause 10 of the letters patent. submission of mr. kale and mr. agrawal, the learned senior counsel is that the language employed in the said provision being quite clear, ..... court. in such appellate jurisdiction the high court exercises the powers of a court of error. so understood, the appellate power under the letters patent is quite distinct, in contrast to what is ordinarily understood in procedural language. that apart the construction of the aforementioned two documents involved, in ..... and vasudeva samiar in re., air 1929 madras 381 (special bench), were approved. the learned senior counsel has submitted that the scope of letters patent appeal is in a broad sphere and to divest it from the basic feature of appeal would tantamount to amputating the conceptual eventuality of appeal. ..... in the case of sachish chandra jain (supra) that contrary intention is manifest inasmuch as there is no saving in respect of the letters patent appeal as per section 16 of the amending act is erroneous inasmuch as the said analysis suffers from an inherent and intensive fallacy. to substantiate .....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 : Mar-18-2002
Reported in : 2002(6)KarLJ232
..... of the act is misconceived, arbitrary and illegal and unsustainable. the petitioner has no locus standi 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 adapted the said artistic work which has created an impression that respondent is .....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 : Rajasthan
Decided on : Dec-20-2002
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... act, procedure provided in section 98 had to be adopted. this position is reflected in following statement after explaining the meaning of term letters patent:'different letters patents have been handed down by the sovereign in british india to chartered high courts which included only judicature for bengal, madras, bombay, north west ..... this act had become obsolete, redundant and was no longer required to be on the statute book. for the repeal of bombay high court (letters patent) act, 1866, it was stated that this act was introduced to correct two clerical errors and subsequently, by virtue of amendments made in 1948, ..... of kerala high court happen to be travancore cochin high court and not the madras high court. therefore, even on analogy, provision in letters patent of madras high court relating to making of a reference to a larger bench or to a third judge in the contingency as was before ..... court as on the date of coming into force the constitution of india or after appointed day under state reorganisation act, 1956 nor the letters patent of a chartered high court handed over by british govt. or an, enactment made by other competent legislative authority, were under consideration before the ..... circumstances, the question before the supreme court in hemlatha's case was firstly whether kerala high court was a high court governed by the letters patent within the meaning of sub-section (3) of section 98 cpc, which would make section 98 cpc inapplicable to the situation which has arisen .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-09-2002
..... 240 the justification for preserving such works may be, that justification applies equally to works whose copyrights have already expired. yet no one seriously contends that the copyright/patent clause would authorize the grant of monopoly privileges for works already in the public domain solely to encourage their restoration. finally, even if this concern with aging movies ..... these private bills do not support respondent's historical gloss, but rather significantly undermine the historical claim. the first example relied upon by respondent, the extension of oliver evans' patent in 1808, ch. 13, 6 stat. 70, demonstrates the pitfalls of relying on an incomplete historical analysis. evans, an inventor who had developed several improvements in milling ..... majority describes, extend existing protections retroactively. other changes, however, did not do so. a more complete and comprehensive look at the history of congressional action under the copyright/patent clause demonstrates that history, in this case, does not provide the "'volume of logic,'" ante, at 200, necessary to sustain the sonny bono act's constitutionality. congress, ..... however, advances four arguments in support of the constitutionality of such retroactive extensions: (1) the first copyright act enacted shortly after the consti- 4 "the copyright law, like the patent statutes, makes reward to the owner a secondary consideration. in fox film corp. v. doyal, 286 u. s. 123 , 127, chief justice hughes spoke as follows respecting .....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 : 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 : Mumbai
Decided on : Jul-26-2002
Reported in : 2002(6)BomCR696; 2002(4)MhLj407
..... the said right shall vest and alwaysdeemed to be vested with ipca.' at this stage it would be sufficient only tonotice that neither of the clauses mentions that thetrade marks, patents or processes belonged to theplaintiff.schedule ii to the agreement with 'gelsules'sets out 'appetone'...multivitamin capsules', as oneof the products to be manufactured. schedule ii tothe agreement with the ..... thepurpose of manufacturing and packing the products.clauses 4(xii) and 6(c) read as under :4(xii)'not to claim any right to or underany of the trade marks, patents or processesconnected with any of the products ormanufacture and/or sell any products under atrade mark connected with the products orunder a name phonetically or otherwise similarto trade names connected .....Tag this Judgment!