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Judgment Search Results Home > Cases Phrase: patents Year: 2013 Page 1 of about 2,373 results (0.010 seconds)

Apr 01 2013 (SC)

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Apr-01-2013

..... appellant was, therefore, never called upon to satisfy the tests laid down in section 3(d) of the act to establish the patentability of the patent subject. he further stated that since no occasion to do so had arisen earlier, no study relating to the efficacy of the free ..... 3 which talks of the known inventions, the products which are not considered to be inventions and therefore cannot be covered by the patent and patents cannot be sought for them. a good amendment is being introduced to that effect in clause 3 of the bill which says: ..... them free of disease or to increase their economic value or that of their products.section 4. inventions relating to atomic energy not patentable.-no patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the atomic ..... the doha declaration effectively reflected and addressed the deep disquiet of the developing and the least-developed countries regarding their obligation under trips to grant patent protection for pharmaceutical and agricultural chemical products and the likelihood of its highly adverse consequence on public-health. dr. dhawan, appearing for cipla ..... adversely affect the international transfer of technology.part iisection 5: patentsarticle 27patentable subject matter1. subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive .....

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Jun 19 2013 (TRI)

Boehringer Ingelheim International Gmbh Vs. the Controller of Patents ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Jun-19-2013

..... on the priority date of the application. it is submitted that the reasons provided by the respondent in view of d1 and d2 are therefore incorrect in accordance with the patent law. 27. in respect of d3-d8 the counsel submitted that the same argument applies. therefore the counsel submitted that the documents d1 ?? d8 cited individually or in combination ..... -2-yl-amino]-propionic acid-ethyl ester methanesulphonate in crystal modification ii. the compound composition and the process for making the compound have been claimed in the impugned application. the patent specification discloses that this methanesulphonate derived from the compound bibr 1048 disclosed in wo 98/37075 which is the base of the compound of formula a: ??image ? formula a ..... ]-methyl)-1-methyl-1h-benzimidazole-5-carbonyl)-pyridin-2-yl-aminol-propionate methane suphonate and process of its preparation. d2: hauel n.h. et al: ??structure-based design of novel patent nonpeptide thrombin inhibitors ? journal of medicinal chemistry, american chemical society, washington, us, vol. 45, no.9, 2002, pages 1757-1766. d3: mungall d.: ??bibr-1048 boehringer ingelheim ? in investigational ..... thereof as a medicament. ? 2. on examination of the application following objections were mentioned: 1. claims 1-4 fall within the scope of such clause (d) of section 3 of patents act 1970 as the claimed compound is a new form of a known substance with no enhanced therapeutic efficacy. 2. subject matter does not constitute an invention u/s 2 .....

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Mar 22 2013 (TRI)

Enercon (India) Limited Vs. Alloys Wobben

Court : Intellectual Property Appellate Board IPAB

Decided on : Mar-22-2013

..... features. he submitted that us '652 does not provide even a hint of feature f1 and therefore fails to address even the most fundamental aspects of the instant patent. further this patent fails to disclose any of features f2 and f3 as it bears no relevance to electric generators. according to the counsel even features f4 and f5 are not disclosed ..... impugned claim 1 does not even relate to hvdc transmission because the circuit arrangement of the claimed device ends at inverter producing 2nd ac voltage. in addition to '712 patent, the us patent 4855652, titled ??speed control apparatus for a brushless direct current motor", dated august 8, 1989, also has to be considered for the purpose of showing the common general ..... have the negative opinion of the controller in view of the limitations under section 59. section 58 allows us to use our discretion to amend if we decide that the patent is invalid. however the limitation under section 59 particularly relating to amendment of claims ?? no amendment of ? ? ? .a complete specification ? ? ? shall be made ? ? ? ? ..and no amendment of a complete ..... then, the applicant in the course of business will be prevented from selling the machinery, and the respondent is already suing for infringement. if the applicant succeeds in demolishing the patent in accordance with law, then the infringement suit must fail and the applicants commercial interest will be secured. therefore, the applicant herein passes the test of ajay industrial corporation case .....

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Aug 08 2013 (TRI)

Enercon (India) Limited Vs. Alloys Wobben

Court : Intellectual Property Appellate Board IPAB

Decided on : Aug-08-2013

..... even the mechanical loadings described in ewec - 94 are non- measurable as these are estimated by the estimating filter. on the contrary, the invention claimed in the subject patent provides a distinct solution to directly measure instantaneous mechanical loading, e.g. by the use of strain gauges. therefore, even if a person of ordinary skill in the art ..... cannot measure instantaneous mechanical loading. in other words, the estimating filter cannot measure the mechanical loading at any instant as is done by the invention claimed in the subject patent. it is submitted that the present invention protects the wind power installation from extreme conditions, such as unpredictable gusts, by instantaneously measuring the mechanical loading on the rotor ..... the counsel for the respondent submitted the applicant has alleged that the anemometer described in '247 corresponds to the measurement means as claimed in claim 1 of the subject patent. it is submitted that the measurement means of the present invention measure the instantaneous mechanical loadingon the rotor hub. however, the anemometer as described in '247 does not ..... the applicant in the course of business will be prevented from selling the machinery, and the respondent is already suing for infringement. if the applicant succeeds in demolishing the patent in accordance with law, then the infringement suit must fail and the applicants commercial interest will be secured. therefore, the applicant herein passes the test of ajay industrial .....

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Jul 03 2013 (FN)

Zodiac Seats Uk Limited (Formerly Known as Contour Aerospace Limited) ...

Court : UK Supreme Court

Decided on : Jul-03-2013

..... such as poulton, it seems to me that it would be positively unjust, as between the parties, for a (former) patentee to recover damages for infringement of a patent after the patent has been irrevocably and retrospectively revoked (or, as in this case, relevantly amended). and i can see no public interest in such an outcome. there is no question ..... includes a party who has previously been held to infringe it. 61. so far as the interests of patentees are concerned, it is inherent in the grant of a patent under the patents act that, however often its validity may be unsuccessfully challenged in earlier litigation, it may none the less be revoked (or amended), and with retrospective effect, at some ..... fully set out by lord sumption in paras 8-15 of his judgment, but it is worth summarising them. virgin was the registered proprietor of a european patent (uk) ("the patent") granted out of the european patent office ("epo"). they began infringement proceedings ("the english proceedings") in the high court against zodiac, who were manufacturing and selling an allegedly infringing product. ..... of the court thought that this consequence was inherent in the existence of concurrent systems of adjudication: "... the possibility of the duplication of proceedings contesting the validity of a patent granted by the epo is inherent in the system established by the convention. in practice national courts exercise exclusive jurisdiction on infringement issues and they have concurrent jurisdiction with .....

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Mar 13 2013 (FN)

Werit (Uk) Limited Vs. Schütz (Uk) Limited and Another

Court : UK Supreme Court

Decided on : Mar-13-2013

..... virtue of a transaction, instrument or event to which section 33 above applies a person becomes the proprietor or one of the proprietors or an exclusive licensee of a patent and the patent is subsequently infringed, the court shall not award him damages or order that he be given an account of the profits in respect of such a subsequent infringement occurring ..... a great deal, including many principles, in common, they have inevitably developed somewhat different techniques and approaches in relation to many issues, including many which arise in the field of patents. while complete consistency of approach may be achieved one day, it is not a feasible or realistic possibility at the moment. nonetheless, given the existence of the epc (and ..... to which two meshes of different mesh sizes are adhesively secured at the periphery so as to be at different tensions. the differences are the striking screens of the first patent and the flexible apertured [frame] of the second. . 63. the meshes quickly become torn in use. the plaintiffs therefore enjoy [the] aftermarket in selling replacement screens made in accordance ..... it would normally be inappropriate to consider its meaning or effect without explaining its factual and technical context, including the description (i.e. the narrative preceding the claims) of the patent, reasonably fully. however, given the issues which require consideration on this appeal, only the following points need be identified: i. item [a] extends to a complete ibc, i.e. .....

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Nov 13 2013 (TRI)

Mylan (Previously Matrix) Laboratories Limited a Company Registered Un ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Nov-13-2013

..... the impugned order as regards section 8 of the act was an error because of the judgement by the hon'ble delhi high court. except for us patent ??221 documents, the other eleven documents are irrelevant and are not supported by pleadings. 13. the learned counsel then relied on the judgement reported in 2008 ..... on record the additional documents on 14/05/2013. the review petition was filed on 23/05/2013 within the stipulated period. 10. the us patent ??221 was relied on by the respondents herein in the miscellaneous petition no. 33 of 2013. there is no reason for the delay. there is ..... opportunity to rebut, which the patentee shall have. however, we feel that there is a great laxity on the part of the parties to the patent litigation in bringing the documents and filing them at the earliest juncture. whoever the party is, early filing of documents would be fair, except of course ..... stands on the same footing as anticipation or obviousness, no less. if anticipation and obviousness would vitiate the claim of innovation and result in revocation of the patent, non-disclosure of the information would also result in revocation. this is what the law says. if that is so, then the ratio in (1994) ..... party who produces the evidence. ? ??12. in this case, the petitioner claims that these documents would show that the duty under section 8 of the patents act was breached by the respondent. after justice ayyangars report, when this act came into force, the law makers have made the failure to disclose the .....

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Apr 17 2013 (FN)

Public Relations Consultants Association Limited Vs. the Newspaper Lic ...

Court : UK Supreme Court

Decided on : Apr-17-2013

..... internet. the owner of a copyright has the exclusive right to do or to authorise a number of acts defined in sections 16 to 26 of the copyright, designs and patents act 1988. broadly speaking, it is an infringement to make or distribute copies or adaptations of a protected work. merely viewing or reading it is not an infringement. a person ..... /ec 5. temporary copies created as part of the technical processes involved in viewing copyright material on a computer are dealt with by section 28a of the copyright, designs and patents act 1988. section 28a was added to the act by regulation in 2003 to give effect to directive 2001/29/ec of 22 may 2001 on "the harmonisation of certain .....

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Apr 05 2013 (TRI)

Sugen Inc.and Another Vs. Controller General of Patents, Design, Trade ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Apr-05-2013

..... in reply, mr.praveen anand, learned counsel for the appellant gave an undertaking on behalf of the appellant that the appellant will not press this patent against cipla till the appeal is disposed of. 11. at this stage, mr.p.s.raman, learned senior counsel appearing for the second ..... mr.praveen anand made his submissions on merits, after the learned senior counsel made their submissions on the technical flaws. he submitted that the patent has been on the register for five years and anticipation is not a ground for attack since novelty is admitted. learned counsel referred to prior ..... other generic manufacturers. 6. three counsel appeared on behalf of the appellants. learned senior counsel mr.andhyarujina, submitted that section 25(2) of the patents act, 1970 ( ??act in short) makes it clear that the opposition can be filed only on the grounds specified in the said section and ..... decision. thereafter, the counsel for the appellants submitted that they would not be filing written submissions. 5. pursuant to the revocation of the patent, it is alleged that other pharmaceutical companies which make generic drugs are attempting to introduce into the market the generic version of the invention. mr ..... of natural justice and the matter was sent back to the assistant controller for disposal after hearing afresh. after rehearing, the controller again revoked the patent on february 11, 2013. thus, the matter is before us and now, the appellant presses for stay. 3. before we heard the counsel .....

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Oct 17 2013 (TRI)

Associated Capsules (P) Limited and Another Vs. the Controller of Pate ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Oct-17-2013

..... .01.2007, the opposition board has been constituted. it clearly states that the ??board will deal with documents as prescribed in rule 56 (4) of the patents rules 2003 (as amended) and submit the report accordingly ? . the documents as prescribed in rule 56 (4) are documents under rules 57 to 60. ..... board and after giving patentee and the opponent an opportunity of being heard, the controller shall order either to maintain or to amend or to revoke the patent. (5) xxxxxx (6) xxxxxx rule 56 constitution of opposition board and its proceeding:-(1) on receipt of notice of opposition under rule 55a, the ..... 06.2013 in oa/5/2008/pt/mum, both the counsel requested for a direction to the controller to send all the records relating to the patent no.197823. the board had also directed the controller to provide copies of the report of the opposition board to both the parties before the ..... the respondent bilcare limited filed their reply statement to the notice of opposition. on 31.01.2007 the opposition board was constituted under rule 56 of the patent rules, 2003. on completion of the pleadings and filing of documents, the matter was fixed for hearing on 07.07.2007. finally, the matter was ..... section 73 shall be eligible to be a member of the opposition board. (3) the examiner, who has dealt with the application for patent during the proceeding for grant of patent thereon shall not be eligible as member of opposition board as specified in sub-rule (2) for that application. (4) the opposition .....

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