Court : Delhi
Decided on : May-16-2013
..... against the decision of the single judge as that decision was taken in exercise of criminal jurisdiction, and the second submission made was that, an appeal would lie under letters patent only against a judgment, the order sanctioning prosecution was not a judgment. chief justice schwabe after noting the submissions made the following observations: ..on both these points there would be ..... further appeal shall lie from the judgment and decree of such single judge.] code. therefore, once it is concluded that the special act is a self-contained code, the letters patent appeal, would stand excluded. the relevant observations are contained, as indicated above, in paragraph 89 which, for the sake of convenience are extracted hereinafter. ..89. it is, thus, to be ..... .s. sathappans case was not applicable in that case. in fuerst day lawsons case, the supreme court was called upon to consider as to whether an appeal under the letters patent of the high court would be available, despite the fact that, certain orders passed in the course of arbitration proceedings, were not appealable under section 50 of the arbitration & ..... section 190 of the new code and issues process, that the criminal jurisdiction gets triggered for the purposes of attracting the exclusion/prohibition contained in clause 10 of the letters patent. 8.3 in his capacity as amicus curiae, dr. arun mohan drew our attention to the following judgments; including those which took the contrary view: k. karunakarans case; abdul karim .....Tag this Judgment!
Court : Chennai
Decided on : Mar-25-2013
..... international market or at any other point of purchase in the market in any manner the soluble double metal salt of hca in market in violation of the plaintiff process patent no.182810; vi) a permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, ..... international market or at any other point of purchase in the market in any manner the soluble double metal salt of hca in market in violation of the plaintiff process patent no.182489; iv) a permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, ..... in domestic and international market or at any other point of purchase in the market in any manner the anti obesity beverages in market in violation of the plaintiff process patent no.182488; iii) a permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing ..... domestic and international market or at any other point of purchase in the market in any manner the soluble double metal salt of hca in violation of the plaintiff process patent no.182487; ii) a permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing .....Tag this Judgment!
Court : Delhi
Decided on : Nov-22-2013
..... artistic, or scientific work, including cinematograph films or work on film, tape or other means of reproduction for use in ======================================================================= connection with radio or television broadcasting, any patent, trademark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience, including gains derived from the alienation of any such ..... the clause further stipulates that no deduction towards expenses would be allowed in respect of royalties, fees or other similar payments in return for the use of patents, knowhow or other rights or commission or other charges for management etc. are permitted. this is subject to limitations of the taxation laws of the state.54 ..... the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return ======================================================================= for the use of patents, know-how or other rights, or by way of commission or other charges for specific services performed or for management, or, except in the case of banking ..... has to be consideration, and this consideration should be for transfer of all or any right (including the granting of the licence) in respect of the copyright, patent, invention, design, secret formula or process, scientific work. in this case the payment under software license agreement has fulfilled both the conditions and the income from .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-10-2013
..... act, which is not applicable to the present proceedings. the learned counsel for the petitioners.on the other hand, has contended that the petitioners do not have patent right or copyright in respect of their mechanical seals and drawings. but it is not their case of infringement of the confidential information and infringement or intellectual property ..... from carrying out any business of engaging in employment directly and indirectly which would cause them to infringe the confidential information, trade secrets and intellectual property rights including patents and designs of the petitioners.the one claimed in i.a.no.263 of 2012 is to restrain the defendants and their respective principal officers.directors.promoters.shareholders. ..... already existing. efforts are made to ensure that the benefit of such invention and discovery is not appropriated clandestinely by others.it is here, that the phenomenon of copyright, patent, licence, franchise, etc., become relevant. the relationship between the plaintiffs on the one hand and the defendants on the other has been furnished in brief, in preceding ..... with defendants 1 and 4 and from carrying out any business or engagement in employment that would result in infringement of confidential information, trade secretes, intellectual property rights, patents and designs of the plaintiffs. the plaintiffs pleaded that after they acquired the 9th defendant, together with the assets and intellectual properties and made the directors and employees .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-13-2013
..... principally argues that exhaustion should apply here because seeds are meant to be planted. the exhaustion doctrine, he reminds us, typically prevents a patentee from controlling the use of a patented product following an authorized sale. and in planting roundup ready seeds, bowman continues, he is merely using them in the normal way farmers do. bowman thus concludes that allowing ..... , a competitor, or (as here) a grain elevator. the grower could multiply his initial purchase, and then multiply that new creation, ad infinitum each time profiting from the patented seed without compensating its inventor. bowman s late-season plantings offer a prime illustration. after buying beans for a single harvest, bowman saved enough seed each year to reduce or ..... prior harvests of other local farmers. and because most of those farmers also used roundup ready seed, bowman could anticipate that many of the purchased soybeans would contain monsanto s patented technology. when he applied a glyphosate-based herbicide to his fields, he confirmed that this was so; a significant proportion of the new plants survived the treatment, and ..... et al. certiorari to the united states court of appeals for the federal circuit no. 11 796.?argued february 19, 2013 decided may 13, 2013 respondent monsanto invented and patented roundup ready soybean seeds, which contain a genetic alteration that allows them to survive exposure to the herbicide glyphosate. it sells the seeds subject to a licensing agreement that permits .....Tag this Judgment!
Court : Delhi
Decided on : Mar-15-2013
..... united kingdom or germany. that could have been decisive.45. the next evidence which was lead by the appellant was a website had been downloaded from the united kingdom patent office effecting patent that may be applied to glass sheets. no evidence has been produced to show that m/s.vegla vereinigte glaswerke gmbh had manufactured this design in glass sheet or ..... 40. it is true that publication has not been defined in the 2000 act. yet, for reasons discussed above, mere publication of design specifications, drawings and/or demonstrations by the patent office of the united kingdom, or for that matter, any other foreign country, in connection with an application for registration, would not, in itself, amount to publication that would ..... 40. it is true that publication has not been defined in the 2000 act. yet, for reasons discussed above, mere publication of design specifications, drawings and/or demonstrations by the patent office of the united kingdom, or for that matter, any other foreign country, in connection with an application for registration, would not, in itself, amount to publication that would ..... in the united kingdom.16. in the proceedings before the respondent no. 1, the appellant questioned the admissibility of the materials alleged to have been downloaded from the united kingdom patent office website, in evidence, in the absence of any corroborative evidence regarding the authenticity of the same.17. it was emphatically argued that the german company did not apply the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-06-2013
..... with the mandatory requirement and, therefore, the interim injunction should be vacated. importantly, the court in that case was not deciding on whether the patent itself should be revoked. it is clarified that the opinion was prima facie and not intended to influence the final outcome of the suit. consequently ..... allow (a) a statement setting out detailed particulars of such application; and; (b) an undertaking that, up to the date of grant of patent in india, he would keep the controller informed in writing, from time to time, of detailed particulars as required under clause (a) in respect ..... . d.j.solomon. it is submitted that the inadvertently omitted details do not prejudice, and are not material to, the grant of the suit patent.7. mr. ajay sahni, learned counsel for the defendants/applicants relied on the decision of this court in chemtura corporation v. union of india 2009 ..... of summons, the defendants filed counter claim no.97 of 2012 along with the written statement. in the counter claim, the prayer was that patent no.218255 should be revoked and declared invalid. the plaintiff filed its written statement to the counter claim to which replication was also filed.5 ..... engineering company (defendant no.2) for permanent injunction to restrain the defendants from infringing the plaintiff s essential dvd video/dvd rom disc patents, in particular indian patent registered under no.218255 and for other incidental reliefs.4. summons in the suit was issued on 25th july 2012 and the suit was .....Tag this Judgment!
Court : South Africa Supreme Court of Appeal
Decided on : Nov-29-2013
..... burdened with unnecessary material, such as expert summaries of witnesses not called and duplications of the judgment of the court a quo and the patent specification. in addition, many of the cross references in the record are confusing or wrong. as a mark of this courts disapproval of the careless ..... feature set out in integer (vii).  it follows that the court a quo erred in finding that the respondents proved direct infringement of the patent. counsel for the respondents fairly conceded that no case was made for indirect infringement. the appeal must therefore succeed.  the record of appeal is ..... mr raubenheimer can hardly be said to have acquired special knowledge and skill in respect of the subject matter of claims 1 and 2 of the patent. it follows that the opinion evidence adduced by him was not admissible. moreover, the oscilloscope used by mr raubenheimer was provided to him by ..... or animal can simultaneously touch conductive lines connected to separate electric fence energisers. the solution to this problem offered by the invention of the patent is that if the operation of the energisers are co-ordinated with each other, the effective pulses on the electric fence will at all ..... wire products (pty) ltd t/a videx mining products (702/12)  zasca 112 (17 september 2013).  the specification of the patent describes the background art and the nature of the invention. it states that it is common in security systems to have a number of electric fence energisers .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jan-23-2013
..... rubber company, and the fact that in 1968 the legislature seemed to think it was necessary expressly to extend the privilege to the case of patent agents." in the circumstances nourse j made the order with some reluctance. he certainly did not identify the principle behind the rule. nor did ..... giving or receiving legal advice are never capable of being privileged if given by non-lawyers, i think that it was wrong. as far as patent and trade mark attorneys are concerned, the point no longer matters. their position has since been regulated by statute. 139. i would allow the ..... which clients routinely seek from them. i very much doubt whether many other professions will find themselves in the same position. it may be that patent agents did in 1984 when the court of appeal held in wilden pump engineering co v fusfeld  fsr 159 that their legal advice did ..... is to my mind the strongest of them. it can fairly be summarised as follows: (1) legal professional privilege has been extended by statute to patent and trade mark attorneys, licensed conveyancers, and persons who without being barristers or solicitors are authorised to provide certain legal services under the courts and legal ..... the basis that lap is confined to advice given by lawyers, the courts have refused to extend lap to legal advice given by a trade mark agent, a patent agent, or a personnel consultant see, respectively, dormeuil trade mark  rpc 131 (nourse j), wilden pump engineering co v fusfeld  fsr 159 .....Tag this Judgment!
Court : Chennai
Decided on : Jun-26-2013
..... 65 (105)(zzzzt). therefore, the respondents may be justified in stating that when temporary transfer of other categories of intellectual property such as designs, patents and trademarks are liable to service tax, there is no justifiable reason to exclude copyright services from such category.99. re.contention aspect principle :- the ..... section 65 (12)(a)(i).98. it is to be stated permission to use and transferring temporarily or enjoy the intangible goods such as designs, patents and trademarks were subject matter of levy to service tax from 2004. though copyright is also once such intangible item, it was excluded from the ..... goods which are taxable at the rate of 4 per cent) ----------------------------------------------------------------------------- sl. no.description of the goods commodity code number ----------------------------------------------------------------------------- 70. intangible goods like copyright, patent, rep licence 2070 ----------------------------------------------------------------------------- 57. there have been several decisions of the hon'ble supreme court on the interpretation of the word goods in the context of ..... )(a) of the said act.2. introduction - service tax on copyrights: when service tax was levied on 'intellectual property services' namely trademarks, designs, patents or any other similar intangible property, with effect from 10.9.2004, copyright was specifically excluded from the definition of intellectual property rights (iprs). copyright is .....Tag this Judgment!