Court : Mumbai
Decided on : Feb-12-2007
Reported in : (2007)109BOMLR630; LC2007(2)75
..... material of the organic product and causes quick deterioration. the petitioners' method of pad printing does not alter the material on which the message is printed. 11. the petitioners' patent is more temparory, less permanent, lighter and does not involve either writing with a pen, applying thermal pressure, or cutting the organic product resulting in a more temporary and less ..... any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals. accordingly under this section no patent can be granted inter alia for plants or for any biological processes for production or propagation of plants. 7. it has to be seen whether the petitioners claim is ..... the petitioners which includes their product claim as well as method claim (systems claim) and the consideration of their submissions. the order necessarily rejects the petitioners' application for patent on 5 main grounds; the other ancillary and wholly technical grounds which need not be considered in detail. 6. the rejection of the claim is essentially based on the fact ..... the second examination report (ser) which also the petitioners replied to and complied with. by virtue of said procedure the petitioners have applied for amendment to their application for their patent, but which need not be considered for the reasons set out hereinafter. 5. the impugned order dated 19 th april, 2006 shows the details of the claims filed by .....Tag this Judgment!
Court : Chennai
Decided on : Aug-06-2007
Reported in : (2007)4MLJ1153
..... however, any protection which a member country provides, which is more extensive in nature than is required under 'trips', shall not contravene 'trips'. article 27 speaks about patentability. lengthy arguments have been advanced by learned additional solicitor general appearing for the government of india, learned senior counsels and learned counsels appearing for the pharmaceutical companies that india ..... law legislated by the indian government. only in discharging their obligations under 'trips', several amendments, including the amended section, were brought into the statute book namely, patents act, by the government. therefore they argued that when equal opportunities commission case can be distinguished on facts, it would be inappropriate to rely upon the same to ..... amended section itself to understand the expression 'enhancement of the known efficacy' namely, what would be treated as 'enhanced efficacy', an uncontrolled discretion is given to the patent controller to apply his own standards, which may not be uniform, in deciding whether there is enhancement of the known efficacy of that substance. such wide discretion ..... bhushan and mr. habibulla badsha, learned senior counsels appearing for the petitioners; mr. v.t. gopalan, learned additional solicitor general for the government of india and the controller of patents and designs; mr. anand grover, learned counsel; mr. p.s. raman learned senior counsel; mr. aravind p datar learned senior counsel; mr. k.m. vijayan learned .....Tag this Judgment!
Court : Delhi
Decided on : Aug-10-2007
Reported in : LC2007(3)192; 2007(35)PTC377(Del)
..... of action, wholly or in part, arises. thereforee, if the sale of its products by the defendant constitutes an infringement of the plaintiff's patent, that conduct of the defendants would constitute a part of the cause of action, which has arisen in delhi, and this court would have ..... relief such as seizure, forfeiture or destruction of the infringing goods. such an interpretation would lead to absurd results. by the time the defendants patent is revoked /cancelled, the plaintiff's suit may itself become barred by limitation, if the plaintiff is first relegated to proceedings under section 25 ..... their water purification system under the name 'forbes aquasure'. it is averred that the defendant's product directly infringes the substance of the plaintiff's patent claim. the plaintiff has also produced a comparative chart of the components of both products in paragraph 13 of the plaint. it is alleged ..... purification system assuring a high degree of microbiological purity in the drinking water it delivers. the plaintiff made application no. 539/mum/2003 for patent registration in india in june 2002. the said application was notified for opposition purposes on 13th may 2005. it is averred that no opposition ..... been filed by the plaintiff seeking the relief of permanent injunction, rendition of account and damages on the basis of the alleged infringement of its patent in respect of a gravity fed water purification system, by the defendants.7. the plaintiff, it is averred, had in the year 2002 .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-29-2007
Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.
..... instructions in response to the order passed by this court on 10-6-2005 have already been received and an affidavit of sri mannargudy sundararaman venkataraman, assistant controller of patents and designs, patent office, chennai, sworn to on 16-12-2005 is ready to be placed before this court. however, learned asst solicitor general would seek for some more time ..... after three weeks.'dvskj: 20-11-2004sri n. devhadass, learned senior central government standing counsel files an affidavit sworn to by sri mannargudy sundararaman venkataraman, assistant controller of patents and designs, patent office, chennai2. the affidavit inter alia, seeks to provide information with regard to total number of applications received for the period 1998-99 to 2003-04 [annexure-l ..... call this matter as requested after four weeks ie. on 7th march 2003. vskaj: 7-3-2003an affidavit is sworn to by sri s. chandrasekaran, joint controller of patents a designs, patent office, chennai branch, on behalf of respondents 1 and 2. the learned counsel for these respondents submit that in this affidavit, ft has been indicated as to the progress ..... to time, awaiting the appraisal of such developments to the court by the learned standing counsel for respondents, through affidavits sworn to by the officials working at the regional patent office at chennainotwithstanding the informing of such development, which is required to be verified, the writ petition will have to be formally brought to an end recording the developments .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-2007
Reported in : LC2007(2)13; 2007(34)PTC444(Del)
..... 6th october, 2006. the respondents enumerated the following defenses. 5. it was pointed out that opposition had already been filed by one of the respondents against the patent before the patent office, mumbai. the patent is invalid and open to challenge on all grounds of lack of inventive step, public knowledge, prior art, wrongful obtaining and lack of novelty. the resistance to ..... which exceptional cause to be shown. the leading modern decision in this area of the law generally, american cyanamid v. ethicon (interlocutory was in fact enunciated in a patent dispute in 1974.)49. but the learned author at pp.116 of same treaties has drawn the attention to the danger inherent in mechanical application of the american cyanamid approach ..... his ex-parte order restrained the respondents from manufacturing, marketing, selling, utilizing, buying, offering for sale or importing any metallized pvc pharmaceutical packaging film that infringes the appellant's patent no. 197823 on 6th october, 2006.4. the respondents contested the above said applications and moved applications under order 39 rule 4 cpc for vacation of ex-parte injunction ..... which entail similar questions of facts and law. the controversy in these two appeals swirls around the question, 'is there any presumption in favor of the validity of the patent for grant of temporary injunction in favor of patentee.' the present appeals are directed against the orders of the learned trial court dated 7th february, 2007, wherein the trial .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-2007
Reported in : LC2007(2)42
..... of aluminium on pvc, which has been acknowledged as being known by the plaintiff itself. in this behalf learned senior counsel referred to the complete specification of the plaintiff's patent. it is stated therein as under:metallization of polymeric films are per se known. typically in the prior art films such as pet (polyethylene terepthalate] pp [polypropylene], ldpe [low ..... the plaintiff. thus there is force in the plea of the defendant.two layered or multi layered films - its effect:72. learned senior counsel for the defendant submitted that the patent of the plaintiff contemplates metallised pvc films having at least three layers. learned senior counsel drew the attention of this court to the report of the national chemical laboratories pune ..... of technology. 63. in my considered view this ground alone should be sufficient to deny the plaintiff the continuation of any interim relief.release of the product prior to patent application:64. learned senior counsel for the defendant submitted that the invention had been anticipated by way of prior use in india by the plaintiff itself which had already released ..... from which the defendant had procured the material. it is the case of the defendant that the plaintiff had itself released the product in the market even prior to the patent application. not only that there were other companies manufacturing similar products. in support of this, the defendant has filed various documents. 13. learned counsel for the plaintiff sought to .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-19-2007
Reported in : LC2009(1)197; (2008)3MLJ599
..... royalty, license and consequent indemnity.9. sum effect of these stipulations, which are important covenants in the contract, is that if the defendant no. 1 is using the patented system or selling the patented product of the manufacturer named in the tender or otherwise, the liability in relation to all statutory obligations would be that of the defendant no. 1, and defendant ..... way of damages being available and availed.16. limited questions, that arise for consideration, are:(a) whether the plaintiff has made out a prima facie strong case of existence of patented product in its favour, and can file a suit for injunction to prevent infringement and recurring breach?(b) has plaintiff prima facie demonstrated that there is infringement by defendant no ..... the defendant no. 1 demonstrated that the plaintiff has alternate remedy of damages under sub-section (3) of section 100?16. plaintiffs reliance is on the fact of registration of patents, which entitles the plaintiff to absolute right by virtue of section 48, subject to exceptions. according to the plaintiff, the exceptions are not absolute and they do create an embargo ..... by the very fact that the defendant had participated in the tender, has got two tenders allotted and has promised to supply to the railways the product which imitates the patented product, and in the result, has infringed rights of the plaintiff under section 48. according to plaintiff, once the right is so established, prevention of breach can be conveniently done .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-2007
Reported in : LC2007(1)352; (2007)2MLJ907; 2007(34)PTC689(Mad)
..... supra), the hon'ble supreme court held that when the plaintiffs were merely camouflaging a substance whose discovery was known through out the world, the patent is liable to be revoked.30. the facts in the above supreme court decision are totally different from the case on hand and therefore that decision ..... invented a process of their own which prevents the browning of sweets even though fructose is used in the manufacture. thus they applied for patent right for process and also the end product making use of the process. both the rights are granted by the authorities and therefore the ..... to by them in support of their submissions.12. the learned senior counsel has submitted that the plaintiff has been issued with patent registration certificate for both process patent and product patent and in such circumstances a prima facie case has been made out in favour of the plaintiff. he refers to 2j, ..... the plaintiff.9. in their counter affidavit the defendant contended that the plaintiff made misrepresentation and played fraud upon the authorities for getting the patent rights and therefore they are taking steps to revoke the grants. it is denied by the defendant that they copied the applicant's inventions ..... resulting in the plaintiff's products.6. while so, the plaintiff was shocked and surprised to know that the defendant is violating the registered patent rights and he is selling sweets containing fructose in all his sweet shops. the products of the defendant are identical to the product of .....Tag this Judgment!
Court : Delhi
Decided on : Apr-30-2007
Reported in : LC2007(3)27; 2007(35)PTC415(Del)
..... house of the plaintiff company.8. this court has no hesitation in saying that the time has come when the courts dealing actions for infringement of trade marks, copy rights, patents etc. should not only grant compensatory damages but award punitive damages also with a view to discourage and dishearten law breakers who indulge in violations with impunity out of lust ..... damages have to be assessed.19. in nottinghamshire healthcare (supra), while discussing the issue of award of damages, the court referred to sections 96 and 97 of copyright, designs and patents act, 1988 (for short, 'cdpa'). as per section 96 of the said act, an infringement of copyright is actionable by the copyright owner, which is the position in indian law ..... them, or getting permission to do them rightly.thus, almost 100 years ago, in the aforesaid judgment fletcher moulton l.j., in a case which related to infringement of a patent, laid down the yardstick for measuring the damages thus:(no. of infringing articles) x (the sum that would have had to be paidin order to make the manufacture of thatarticle .....Tag this Judgment!
Court : Chennai
Decided on : Jul-19-2007
Reported in : LC2007(3)139; 2007(35)PTC436(Mad)
..... for exploitation to cripple business rivals without adducing any proof of their alleged infringement. it is specifically and vehemently denied that the revision petitioners are infringing the plaintiffs patented process in order to manufacture their products. 27. it is also denied by the revision petitioners that the non existence of a combined dose of the four ingredients ..... inventions are worked in india on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; and that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and ..... decisions relied upon by the revision petitioners are made in the context of article 226 of the constitution of india. further the plaintiffs on earlier occasions filed their patent and trade mark infringement suits against other pharmaceutical companies in other parts of the countries as well for similar relief and obtained decrees as well. so it is ..... the file of the learned principal district judge, thiruvallur against the revision petitioners and others seeking for the relief of permanent injunction, particularly restraining them from infringing the respondents registered patent no. 197822 and trade mark cefi-xl. pending disposal of the main suits, the respondents filed interlocutory applications in i.a. nos. 141, 144, 147, 150, 153, .....Tag this Judgment!