Court : Kolkata
Decided on : Feb-06-2009
Reported in : LC2009(2)323
..... it has a branch office in mumbai and the rules of business require the branch office to deal with a matter would not imply that the principal seat of the patent office was irrelevant. the petitioner emphasises that the considerations under article 226(1) have remained unchanged despite the introduction of clause (1a) to the article which was subsequently ..... pending. the argument is that since the relevant authority does not function within the territory over which this court exercises jurisdiction, the irrelevant fact that the controller general of patents has his seat in calcutta will not make the third respondent amenable to the writ of this court under article 226(1) of the constitution. the objector contends that ..... title is misleading. the objector says that the only relevant person or authority against whom a writ may issue is the third respondent (erroneously described as the assistant controller of patents and designs, kolkata) who has his office in mumbai. according to the fifth respondent, the first and second respondents (the controller general and the deputy controller, kolkata, respectively) ..... but does not admit the allegations in the petition. the respondent authorities are represented but have been parsimonious in expending sound bytes and have left the parties to the patent proceedings to make the arguments. the fifth respondent has questioned the propriety of the petitioner in bringing the matter before this court. the principal contesting respondent asserts that this .....Tag this Judgment!
Court : Delhi
Decided on : Apr-24-2009
Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)
..... facie case for grant of injunction, is that the specification for the suit patent (i.e. patent no. 196774 corresponding to u.s.'498) showed that it was in respect of erlotinib hydrchloride polymorphs a+b which was on their own showing an unstable form ..... in 2005 but the explanation which has been added appears to particularly target pharmaceutical products. it discourages evergreening and prevents such derivative or other forms of the already patented product being granted patent unless the derivatives or other forms 'differ significantly in properties in regard to efficacy.' the plaintiffs contest the argument that erlotinib hydrochloride is a derivative of a ..... advocates appeared for the plaintiffs and mr. arun jaitley, learned senior advocate and ms. pratibha singh, learned advocate appeared for the defendant.plaintiffs' subsequent application for grant of patent in respect of polymorph b27. in this appeal, one of the significant issues posed by the defendant, which has a bearing on whether the plaintiffs have made out a prima ..... to restrain the defendant/respondent cipla limited from manufacturing, offering for sale, selling and exporting the drug erlotinib, for which the plaintiff no. 2 claimed to hold a patent jointly with pfizer products inc. the impugned judgment nevertheless put the defendant to terms including furnishing an undertaking to pay damages to the plaintiffs in the event of the suit .....Tag this Judgment!
Court : Delhi
Decided on : Aug-28-2009
Reported in : 2009(41)PTC260(Del)
..... least one spring element being a compression spring of a solid resilient material formed as a toroidal shape. therefore the claim was narrowed down and thereafter the european patent office granted patent registration in respect of a device having at least one spring being a compression spring comprising a solid resilient material formed as a toroidal ring. according to the ..... the complete specification filed in connection with our abovementioned application, we would keep the controller informed in writing from time to time of the details regarding the applications for patent filed outside india from time to time for the same or substantially same invention within three months from the date of filing such application. therefore this did not hinge ..... june 2001. among other documents, it enclosed with the said application the completed form 3 and the international search report. that search report merely indicated the filing of a patent action by the plaintiff elsewhere. the international application indicated the us application made in 1999 as the prior application. the plaintiff may be right in contending that the form 3 ..... submitted manufacturing drawings for approval to member mechanical, railway board, without the plaintiff's consent, for the device which according to the plaintiff was infringement of the plaintiff's patent for the subject device. it is submitted that a comparison of the drawing of the plaintiff which has been approved by the rdso and the drawing for the same .....Tag this Judgment!
Court : Delhi
Decided on : Apr-01-2009
Reported in : 168(2009)DLT177; 2009(40)PTC613(Del)
..... institute of industrial research developed a process for the manufacture of terpolymers of acrylonitrile butadine (abs resigns) using what was known as emulsion technology. this process was got patented vide patent nos. 110090 and 118359 and assigned in favour of the plaintiff by a deed of assignment dated 28th may 1974. the assignment was duly registered with the controller of ..... and it was null and void if it was not a registered agreement. i, therefore, consider that the agreement was not enforceable.11. considering from another angle, the patent number 118359 was registered in the name of council for scientific industrial research with effect from 31st october 1968. the defendant has placed on record the copy of the ..... csir scheme (hereinafter called 'the research institute') has developed a process for the manufacture of terpolymers of acrylonitrile butadine (abs resigns) using emulsion technology which is covered by indian patent nos. 110090 and 118359 and other knowhow given on the process (hereinafter called 'the said invention) and full rights in the said invention have been assigned to the corporation ..... the documents, whichever is later. the documents when registered has effect from the date of its execution. section 69 also provides for registration of assignment, license etc. regarding patented matter and provides procedure for registration. it is obvious that since this license agreement between the parties was not a registered agreement, this had no validity in the eyes .....Tag this Judgment!
Court : Chennai
Decided on : May-18-2009
Reported in : LC2009(2)139; 2009(40)PTC689(Mad)
..... para 39, the appellant has explained about the operation of three valve configuration in the internal combustion engine, the operation of which has been patented in patent no. 196636 dated 25.05.2000.73. besides the above, the set of photographs filed by the appellant in volume viii of the typed ..... subject matter has not fallen in public domain or that it does not form part of the state of the art;section 2(m) 'patent' means a patent for any invention granted under this act;(ii) section 3 falling under chapter-ii mentions as to what are all not inventions.(iii) section ..... sufficient detail the disadvantage of using a single spark plug, as opposed to using twin spark plugs located preferably diametrically to each other (us patent 4177783 too contains a similar arrangement). this is because of better-controlled ignition timing in the latter and lesser time taken for the flame to ..... characteristics of the product of the appellant in its 125 cc motor cycle called 'flame' having everything similar and identical to that of the patented product of the respondent except the three valve arrangement and the third valve being a cosmetic one, the allegation of infringement is fully established and ..... of an internal combustion engine with improved combustion capacity. by pointing out the same, the learned senior counsel contended that the teaching of the patent of the respondent's invention was a combination of twin plug configuration in a small bore engine with twin valve facility along with other .....Tag this Judgment!
Court : Delhi
Decided on : Apr-15-2009
Reported in : LC2009(2)292; 2009(40)PTC193(Del)
..... another and determine where 'the balance of convenience' lies. 20. mr dushyant dave, the learned counsel appearing on behalf of the defendants, submitted that the registration of the patent by itself is not sufficient for the grant of an interlocutory injunction. secondly, he submitted that the registration itself is questionable. he also submitted that there was no case made ..... contained all the elements of claim 28 of patent no. 210062. 14. according to the learned counsel for the plaintiffs 90% of the defendants' safety cannula is accucath. the relationship between the plaintiffs and the defendants for over ..... of the latter's safety i.v. cannula. the sample was allegedly dissected by the plaintiffs, analyzed and photographed from various angles and, in their opinion, infringed the plaintiffs' indian patent no. 210062. according to the plaintiffs, the defendants' sample, which was labeled as 'safety i.v. cannula' under the brand name 'poly safety', obtained in november, 2007 ..... sale and in any other manner dealing in or with safety i.v. catheters / cannulae or other device or apparatus that infringes the subject matter of the plaintiffs' registered patent number 210062. the plaintiffs also seeks an ad interim injunction restraining the defendants from manufacturing, selling, offering for sale, distributing, exporting, advertising or dealing in any safety i.v .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-11-2009
Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; 184TAXMAN103(Bom)
..... the expression `licences') belong to the class of intellectual properties. as the expression `licences' in section 32(1)(ii) of the act is preceded by the expressions know-how, patents, copyrights, trade marks and succeeded by the expression `franchises' which are all relatable to intellectual property rights, the question to be considered is, whether the expression `licences' in ..... there is any specific legislation in india relating to franchises. as per black's law dictionary, 8th edition, the expression franchise denotes:1. ...when referring to government grants (other than patents, trademarks, and copyrights), the term 'franchise' is often used to connote more substantial rights, whereas the term 'license' connotes lesser rights. thus, the rights necessary for public ..... similar nature' in section 32(1)(ii) of the act is referable to the business or commercial rights relating to intellectual property rights such as know-how, patents, copy rights, trade marks and franchises and licences in respect thereof. accordingly, it is contended that the expression 'licences' as well as the expression 'business or commercial ..... clear that the expression 'business or commercial rights of similar nature' in section 32(1)(ii) of the act would take colour from the preceding words, namely knowhow, patents, copyrights, trade marks and franchises which belong to a class of intellectual property rights. in other words, it is contended that the expression 'business or commercial rights of .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-06-2009
Reported in : 2010(112)BomLR269; LC2010(1)13
..... reported in : (2008) 10 scc 368. in that case, however, the problem considered was about the confusion arising on account of the postponement of in-part commencement of the patents (amendment) act, 2005, in particular with regard to the remedy of appeal against an order rejecting the pre-grant opposition. indeed, the court considered the legislative change brought about ..... on record on the basis of which respondent no. 4 could have answered the controversy on hand. it is submitted that section 77 of the act postulates that the patent controller is conferred with certain powers of civil court, in respect of summoning and enforcing attendance of witnesses, discovery of documents, receiving evidence of affidavits, issuing commissions for ..... which can be utilized on an industrial scale (pages 2, 3 & 5 of complete specification). to support this and also to meet the requirements of section 3(d) of patents act, 1970 the applicants with their reply statement, have submitted the stability study data sheet of bisulphate (enclosure 5 & 9) and besylate (enclosure 6); along with stability and ..... corresponding international application of the respondent no. 1 was issued. it is stated that the petitioners through its agents, obtained a copy of the complete specification accompanying the said patent application which pertain to clopidogrel besylate, a known salt of a previously known compound clopidogrel. according to the petitioners, as on the date of the alleged invention, the therapeutic .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-16-2009
Reported in : 2009(4)AWC4159; JT2009(12)SC103; (2009)8MLJ672(SC); 2009(41)PTC398(SC); 2009(12)SCALE546; (2009)9SCC797; 2009AIRSCW6018; 2008(10)SCR636; 2009(12)Scale346
..... suit.'9. as has been observed by us in the aforesaid case, experience has shown that in our country, suits relating to the matters of patents, trademarks and copyrights are pending for years and years and litigation is mainly fought between the parties about the temporary injunction. this is a very ..... . the court should also observe clauses (b) to (e) of the said proviso.in our opinion, in matters relating to trademarks, copyright and patents the proviso to order xvii rule 1(2) c.p.c. should be strictly complied with by all the courts, and the hearing of the ..... chawalwala as follows:.without going into the merits of the controversy, we are of the opinion that the matters relating to trademarks, copyrights and patents should be finally decided very expeditiously by the trial court instead of merely granting or refusing to grant injunction. experience shows that in the matters of ..... 1111 of 2007 had been filed by the appellant herein before the learned single judge of the madras high court alleging infringement of its patent no. 195904 under the indian patents act, 1973 (for short 'the act').4. the learned single judge granted an interim injunction on 16th february, 2008.5. challenging ..... trademarks, copyrights and patents, litigation is mainly fought between the parties about the temporary injunction and that goes on for years and years and the result is that .....Tag this Judgment!
Court : Delhi
Decided on : Aug-07-2009
Reported in : 162(2009)DLT298; 2009(41)PTC24(Del)
..... designs. section 22(1) clearly stipulates that where a design has been registered under the act, they shall be open to inspection at the patent office, the representation or specimen of the design and any evidence filed in support of the applicant's contention that the appearance of an article, ..... perhaps in other countries is somewhat different. the registered designs act, 1949, as applicable in the uk and as amended by the copyright, designs and patents act, 1988, speaks of registrable designs and proceedings for registration. however, section 5 of the said registered designs act, 1949 makes provision for secrecy ..... access to a registered design, it would be necessary to point out that section 10 requires that a register of designs be kept at the patent office. section 17 of the said act provides for inspection of registered designs. it stipulates that during the existence of a copyright in a ..... lall referred to the decision of a learned single judge of the calcutta high court in the case of gopal glass works ltd v. assistant controller of patents and designs : 2006 (33) ptc 434 (cal).15. mr lall submitted that the expression .publication. has not been defined in the said act ..... thereof. according to the defendant, the impugned design registration no. 193988 had been obtained by the plaintiff by playing a fraud on the controller of patents and designs and was liable to be cancelled because:- (i) there exists an earlier design registration no. 2055969 in the name of reckitt benckiser .....Tag this Judgment!