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Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

No. 1111 of 2007.2. C.S. No. 1111 of 2007 is a suit filed under Section 108 of the Patents Act, 1970 for the relief of permanent injunction in respect of the plaintiff's patent No. 195904 and/or from using the … to three valve engines. He also submit that Section 48 as amended has no meaning as long as section 13(4) makes it clear that there is no warrant about the. validity of the patent, which remains unamended and

Bilcare Limited Vs. Amartara Private Limited

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patent Act, 1970 - Sections 2(11), 3, 13(4), 25(2), 29(2), 32, 64 and 107(1); Designs Act; Patents Act, 1911 - Sections 2(8) and 26(1); Code of Civil Procedure (CPC) - Order 39, Rules 1, 2, 2A and 4; Patent Law

Reported in : LC2007(2)42

improvement and an allied invention'. [Section 2(8) of 1911 Act.] It is to be noted that unlike the Patents Act, 1970, the Act of 1911 does not specify the requirement of being useful in the definition of 'invention'. But … position, viz. the validity of a patent is not guaranteed by the grant, is now expressly provided in Section 13(4) of the Patents Act, 1970. In the light of this principle, Mr. Mehta's argument that there is a

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

Subject : Land Acquisition

read with Order IV, Rule of the Original Side Rules, Section 108 read with Section 50(1) of the Patents Act, 1970 and Section 22(2)(b) of the Designs Act, 2000. ----- For Plaintiff : Mr.M.Sundar For Defendant-1 : Mr.V.Chandrakanthan For … claim or to what was published in India or elsewhere in any of the documents referred to in section 13 ; (f) that the invention so far as claimed in any claim of the complete specification is obvious

Bayer Corporation and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Drugs and Cosmetics Act, 1940 - Sections 2, 12(2), 17B, 27 and 68A; Patents Act 1970 - Sections 13(4), 48, 53, 64, 107, 107A, 156; Trade and Merchandise Marks Act, 1958; Consumer Protection Act, 1986 - Sections 3; Carriers Act, 1865 - Sections 10; Companies Act - Sections 20(2); Drugs and Cosmetics Rules, 1945 - Rules 21, 23, 27, 122A, 122B, 122B(1) and 122E

Reported in : LC2010(1)242

2008 for a period of twenty years from 12th January 2000 in accordance with Section 53 of the Patents Act 1970 ('Patents Act'). Effective 16th October 2008, Bayer HealthCare LLC assigned its titles to the patented drug 'sorafenib tosylate' … required to be undertaken of the provisions of the Patents Act, the DCA and the DCR. Under Section 13(4) of the Patents Act the grant of a patent shall not deemed in any way to warrant its

Schering-plough Ltd. Vs. Intellectual Property Appellate Board and anr ...

Court : Chennai

Subject : Patents

Acts : Patents Act, 1970 - Sections 11-B, 13(3), 14, 15

same day, the petitioner-company made a request for examination under Form-18 in accordance with Section 11-B of the Patents Act, 1970 (for short Act). After the examination of the petitioners application for patent the First Examination Report (FER) was … writ of certiorarified mandamus to call for the records of the 1st respondent and quash the order dated 13.06.2011 in C.O.D.No.4/2009 in S.R.No.405/2009/PT/IPAB and consequently direct the 1st respondent to consider on merits the appeal filed against

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 23 and 53; Patents Act, 1970 - Sections 2, 12, 13(4), 43, 45(1), 48, 53, 104 and 108; Patents and Designs Act, 1911 - Sections 11 and 26(1); Patents (Amendment) Act, 2005; Copyright Act, 1967; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

for ad-interim injunction restraining him from passing off is not maintainable in terms of the provisions of the Patents Act, 1970. 6. In respect of the applications filed by the 4th respondent/4th defendant, the applicant/plaintiff has filed his reply. … The learned senior counsel for the 4th respondent/4th defendant has also drawn the attention of this Court to Section 13(4) of the Patents Act, 1970. The said provision says that the examination and investigations required under Section

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Subject : MRTP

or infringement proceedings. That validity of the patent is not guaranteed by the grant is now provided in Section 13(4) of the Patents Act, 1970. Sub-section (4) of Section 13 reads as under: “The examination and investigations required … of the plaintiff for the grant of Patent was duly examined in accordance with the provisions of the Patents Act, 1970, for short, hereinafter referred to as the ‘Act’ and after being fully satisfied that the invention satisfied all

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 3, 5(2), 11A(7), 11B, 12, 13(4), 14, 25(1), 25(2), 28, 43, 47, 48, 64, 83, 84, 92, 92A and 107; Companies Act, 1956; Patents (Amendment) Act, 2005 - Sections 3; Trade Marks Act - Sections 31; Essential Commodities Act, 1953; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11 - Order 39, Rule 1; Drug Price Control Order

Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)

Register of Patents on 6th July, 2007. It is submitted that in terms of the amendments to the Patents Act, 1970 ('Act') in 2005, the product Erlotinib as well as the process of its manufacture stand patented and are … of lung cancer.11. It was pointed in the written statement that in terms of the second proviso to Section 11-A(7) of the Patents Act 1970, introduced by the Patents (Amendment) Act, 2005 (effective from 1st January, 2005), … and thereafter by the European Union (EU) in the year 2005. On 13th March, 1996 OSI along with Pfizer Products Inc. made an application to

Bilcare Limited Vs. the Supreme Industries Ltd.

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Patents Act, 1970 - Sections 11A, 12, 13, 13(4), 25, 43, 48, 64, 64(1), 104, 107, 108, 131 and 135; Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 4

Reported in : LC2007(2)13; 2007(34)PTC444(Del)

Matched in: Citation LC2007(2)13; 2007(34)PTC444(Del)

Surendra Lal Mahendra Vs. JaIn Glazers and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2

Reported in : ILR1981Delhi257

of a patent is not guaranteed by the grant, is now expressly provided in Section 13(4) of the Patents Act, 1970. In the .light of this principle, Mr. Mehta's argument that there is a presumption in favor of the