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Apr 22 2019

Bayer Corporation vs.union of India & Ors.

Court : Delhi

Decided on : Apr-22-2019

Subject : Education

of the fact that the term "importing" was specifically included in Section 107A of the Act by the Patents (Amendment) Act, 2005, without any mention of the word export" or "offering for sale". This clearly indicates that the legislature did … the plaintiff must prove non-applicability of every section which sets out situations of non-infringement such as Section 47, 49, etc. FAO (OS) (COMM) 169/2017 Page 18 of 90 25. It is argued further that even if Section

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Mar 15 2013

Sp.Chockalingam Vs. Controller of Patents

Court : Chennai

Decided on : Mar-15-2013

Subject : Education

that the amendment introduced to Section 126 of the Patents Act, 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 (Act 15 of 2005) as illegal, unconstitutional, ultra vires and void. For Petitioner : Mr.SP.Chockalingam, party-in-person For Respondents

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Nov 27 2015

F. Hoffmann-La Roche Ltd. and Others Vs. Cipla Ltd. and Another

Court : Delhi

Decided on : Nov-27-2015

Subject : Land Acquisition

to pharmaceuticals. 47. Section 3 is an exclusionary clause'. The present provision was expanded by way of the Patents (Amendment) Act, 2005. Despite the fact that ˜inventionis exhaustively defined, the need for an exclusionary provision obviously arose from the Legislative … an application for grant of patent in USA pertaining to Erlotinib Hydrochloride, resulting in grant of patent US 498 on August 05, 1998. During pendency of its application in USA, on March 13, 1996 it filed an

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Dec 09 2011

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

Court : Karnataka

Decided on : Dec-09-2011

Subject : Civil

Acts : Code Of Civil Procedure (CPC), 1908 - Order 7 Rule 1; Companies Act, 1956

Reported in : 2012(4)CTC(IP)8; 2012(3)KCCR140(SN)

from 20th April 1998 which was initially valid upto 20th April 2005. However, with the enactment of the Patents (Amendment) Act, 2002 and the framing of the Patent Rules, 2003, the plaintiffs patent bearing No.186857 has been subsequently extended … Section 5 of the 1970 Act was omitted by the Amendment Act, 2005 with effect from 1st January 2005. Section 5 restricted the grant of patents only to methods or process of manufacture. The definition of invention now

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Dec 09 2011

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

Court : Karnataka

Decided on : Dec-09-2011

Subject : MRTP

from 20th April 1998 which was initially valid upto 20th April 2005. However, with the enactment of the Patents (Amendment) Act, 2002 and the framing of the Patent Rules, 2003, the plaintiff’s patent bearing No.186857 has been subsequently extended … Section 5 of the 1970 Act was omitted by the Amendment Act, 2005 with effect from 1st January 2005. Section 5 restricted the grant of patents only to methods or process of manufacture. The definition of invention now … the specification and the claims must be looked at and construed together. 49. When the Registrar is a processee, in an application for patent for

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Oct 09 2003

Grasim Cement Vs. Madhya Pradesh Electricity Board

Court : Madhya Pradesh

Decided on : Oct-09-2003

Subject : ElectricityCivil

Acts : Electricity (Supply) Act, 1948 - Sections 49

Reported in : AIR2004MP176; 2004(3)MPLJ231

hereby acknowledge the receipt thereof.(b) Nothing contained in this agreement or any amendment thereon shall restrict any rights, obligations and discretions which the Board or … Alloys Corporation Ltd. v. A. P. State Electricity Board, AIR 1993 SC 2005, The learned single Judge after considering the ratio of the aforesaid judgment … provided therein. When the matter stood thus the Board in exercise of its powers vested in it under Section 49 of the Electricity Supply Act, 1948 (for brevity 'the Act') issued a notification dated 24-1-1996. After the notification … Dipak Misra, J.1. In this appeal preferred under Clause 10 of the Letters Patent the appellant has called in question the pregnability and penetrability of the order dated 30-4-1997 passed by the

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Apr 16 2008

Baze Vs. Rees

Court : US Supreme Court

Decided on : Apr-16-2008

Subject : Land Acquisition

“needless extinction of life with only marginal contributions to any discernible social or public purposes … would be patently excessive” and violative of the Eighth Amendment. Id., at 312. As a matter of fact, he stated, “like … The instructions are on the package insert.” 5 Tr. 695 (Apr. 19, 2005). Likewise, the asserted problems related to the IV lines do not establish … third drugs. Id., at 493-494, 541, 558-559. B Kentucky replaced electrocution with lethal injection in 1998. 1998 Ky. Acts ch. 220, p. 777. The Kentucky statute does not specify the drugs or categories of drugs to be … deprive the defendant of a trial by jurors representing a fair cross section of the community. Litigation involving both challenges for cause and peremptory challenges … State v. Frampton , 95 Wash. 2d 469, 492, 627 P. 2d 922, 934 (1981)); Denno, Getting

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Feb 16 2008

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

Court : Chennai

Decided on : Feb-16-2008

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)

'patent' means a patent for any invention granted under this Act.The said definition itself was substituted by the Patents (Amendment) Act, 2005 (Act 15 of 2085) with effect from 01.01.2005. Prior to the said Amendment, Section 2(m) defined 'patent' as,'patent' … by placing reliance on the judgment in William Needham and James Kite v. Johnson and Co. 1884 RPC 49 . He further relied upon the judgment in Consolidated Car Heating Company v. Came 1903 (20) RPC 745,

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Mar 02 2021

Engineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...

Court : Supreme Court of India

Decided on : Mar-02-2021

Subject : Direct Taxation

14(b)(ii) of the Copyright Act post the amendment brought in vide Act 49 of 1999, with effect from 15.01.2000 [“1999 Amendment”]., thereby making it clear … utilities, industry application programs and other general purpose application programs. IMB Programs shall mean programs protected by IBM's Patents or IMB's Copyrights, other than or in addition to Remarketer's Patents and Remarkets, which are marketed by IMB … by the Indian importer under section 195(1) of the Income Tax Act. Equally, he submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation … by this Court’s judgment in Tata Consultancy Services v. State of A.P., 2005 (1) SCC308 He assailed the impugned judgment of the High Court of

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Dec 14 2020

Vidya Drolia Vs. Durga Trading Corporation

Court : Supreme Court of India

Decided on : Dec-14-2020

Subject : Arbitration

incorporates the principles of separation and competence-competence thereby clearly indicating that the 49 (2005) 7 SCC23489 arbitrator can decide his or her own jurisdiction even … which records for the reason of recommending the omission as: “Thus, it can be seen that after the Amendment Act of 2019, Section 11 (6-A) has been omitted because appointment of arbitrators is to be done institutionally, in … High Court or the person or institution designated by such Court is final and no appeal including Letters Patent Appeal shall lie against such decision. (8) The Chief Justice or the (8) The Supreme Court or, as

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