Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 108 reliefs in suit for infringement Page 1 of about 993 results (0.362 seconds)

M.C.Jayasingh Vs. Mishra Dhatu Nigam Limited

Court : Chennai

..... . the patents act, 1970, lists out (i) the rights of patentees under section 48; (ii) the power of court to make a declaration as to non-infringement under section 105; (iii) the power of court to grant relief in cases of groundless threats of infringement proceedings under section 106; (iv) defences in suits for infringement under section 107; (v) acts which do not constitute infringement under section 107-a; (vi) reliefs in suits for infringement under section 108; and (vii) restriction on power of court to grant damages or accounts of profit for infringement ..... under section 107 (1) of the patents act, 1970, every ground on which a patent may be revoked under section 64 is available as a ground for defence in any suit for infringement of a patent. ..... ----- for plaintiff : mr.m.sundar for defendant-1 : mr.v.chandrakanthan for defendants 2&3 : mr.c.manishankar for defendant-4 : mr.n.l.rajah ----- judgment this is a suit for infringement of patents and designs and for rendition of accounts and various other reliefs.2. ..... section 107(1) reads as follows : ".in any suit for infringement of a patent, every ground on which it may be revoked under section 64 shall be available as a ground for defence.".71. ..... but, section 64(1) uses the phrase 'on a counter claim in a suit for infringement of the patent by the high court'.73. .....

Shomenath Roy Chowdhury and Anr. Vs. Eskag Pharma Private Limited and ...

Court : Kolkata

..... no doubt true that section 108 of the patents act, 1970 provides the relief in favour of the owner of the patent, if a suit for infringement is filed. ..... infringing goods without payment of it does not debar any person from instituting suit for declaration that the use of a process or making or selling of any article does not constitute an infringement of a claim of a patent against the patentee under section 105 of the act ..... said reply appears to be primarily under section 3(e) of the patents act, 1970. ..... without inviting the since the petitioner has been registered under the patents act and an application under the said act filed by the respondent no.1 is pending, this court feels that the equity demands that instead of passing an order of injunction, a special officer should be appointed to inventorise the stock accordingly, lying at ..... petitioner was aware of its alleged infringement of a patent in the month of december, 2014 ..... knowledge in the month of december, the same relief and its the petitioner derives such 2014 and caused a notice through its patent attorney on 7th january, 2015 to cease and desist from manufacturing and/or marketing the same product having similar and identical compositions and/or formulation as well ..... what is contended by the respondent no.1 is that there cannot be a patent for the ingredients used for making the product which are well-known in the medicinal field and, therefore, the petitioner cannot injunct the said respondent from marketing and/or selling .....

Nut Limited Vs. Nut

Court : Delhi

Reported in : 1995IIAD(Delhi)201; 1995(34)DRJ709

..... (13) section 108 of patents act, 1970 entitles the court to grant in any suit or infringement a relief of either damages or an account of profits being allowed at the option of the plaintiff. ..... (11) section 106 of trade and merchandise marks act, 1958 provides relief, amongst others of either damages or an account of profits being allowed to the plaintiff at its option in a suit for infringement or for passing off. ..... a suit for infringement of copyright was valued at rs.l,000.00 for the purposes of court fee and at rs.55,000.00 for the purposes of jurisdiction. ..... (6) a suit for accounts is covered by section 7(iv)(f) of the court fees act, 1870 which provides that the amount of fees payable for suits for accounts shall be according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. ..... section 8 of the suits valuation act, 1887 provides that in the category of suits to which it applies (suits for accounts covered) the value as determinable for computation of court fees and the value for purposes of jurisdiction shall be the same. ..... rule 13 of the code of civil procedure : value for the purpose of court fee (a) as determined by the court fees act, 1870 value for the purpose of jurisdiction (b) for the purposes of suits valuation act, 1887 and the punjab suits courts act, 1918, as valued by the plaintiff in the plaint, subject to determination by the court at any stage of the trial. .....

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

Court : Chennai

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

..... according to him, the revocation petition was filed by the respondent under section 64 of the patents act, 1970 on 24.08.2007, and the applicant having taken so many adjournments before the ipab for filing counter in the revocation petition, has chosen to file the suit for infringement after four months time.16(b). ..... 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. ..... the respondent also refers to various provisions of patent act, 1970 to state that there is no infringement of a patent unless each and every one of the claimed elements was present in the article, which is alleged to infringe the patent and further, such element also act in relation to one another in the manner claimed, and according to the respondent, its product is different from that of the applicant and therefore its product does not infringe the patent of the applicant by explaining the technical reasons. ..... amended by way of substitution, the patentees right is better protected than what was in existence in the said provision before the amendment.according to him, after the said amendment and as section 48 of the patents act, 1970 stands today, it should be treated that once a patentee files a suit for infringement based on the patent granted to him, it should be prima facie presumed to be valid until the same is revoked or set aside in the manner known to law either by revocation under any one of the grounds .....

Perry Bottling Company Vs. S.S. Soda and Soft Drinks Company and ors.

Court : Rajasthan

Reported in : 2003(26)PTC555(Raj); RLW2003(1)Raj77; 2002(3)WLC333; 2002(2)WLN593

..... section 108 of the act of 1970 empowers the court to grant injunction and relief of damages in case of infringement of the patent right of patentee.17. ..... section 6 of the act of 1970 provides the persons who are entitled for submitting application for getting patent under the act of 1970, as provided under the act of 1958, the provisions are there in the act of 1970 for giving patent to the inventors of their work. ..... the learned counsel for the respondents could not point out that how the person holding registration under the act of 1958, cannot maintain a suit for injunction, if he has not got registration of his work under the act of 1970. ..... the right in favour of a holder of a registered trade mark is at higher pedestal and it has been held by the hon'ble apex court after considering various earlier judgment, that even if suit for passing off may fail but a suit for infringement may succeed and in a judgment delivered in n.s. ..... brief facts of the case are that the plaintiff-m/s perry bottling company filed the suit for injunction against the defendants with the prayer that the plaintiff is holder of the trade mark and the defendants are, to deceive customers, using a mark which is a copy of the registered trade mark of the plaintiff. ..... the plaintiff also submitted an application for grant of temporary injunction under order 39 rule 1 and 2 read with section 151 of the code of civil procedure in the suit. .....

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

Court : Karnataka

..... section 108 deals with reliefs in suits for infringement ..... put forth a counter claim and sought for revocation of the patent granted to the plaintiff under section 64 read with section 104 of the act on the ground that patent no.186857 was not patentable under chapter ii of patents act 1970 and that the said patent was granted on the application of the plaintiff without it being entitled for patent under the provisions of the act. 24. ..... section 104-a of the patents act, 1970 was inserted by way of patent amendment act, 2002 ..... application 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 the requirements for the grant of a patent, the plaintiff was granted a patent (bearing patent no.186857) for the invention titled, a method of preparing a herbal hepatoprotective and antihepatotoxic composition dated 5th july 2002 by the controller of patents, india for a term of seven ..... patent is not guaranteed by the grant is now provided in section 13(4) of the patents act, 1970. ..... the definition of the word invention has undergone a considerable change in the patents act, 1970 where it is defined as under:- 2(1)(j) invention means any new and useful (i) art, process, method or manner of manufacture; (ii) machine, apparatus or other article; (iii) substance produced by manufacture, and includes any new and useful .....

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

Court : Karnataka

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

..... section 108 deals with reliefs in suits for infringement. ..... the defendants have also put forth a counter claim and sought for revocation of the patent granted to the plaintiff under section 64 read with section 104 of the act on the ground that patent no.186857 was not patentable under chapter ii of patents act 1970 and that the said patent was granted on the application of the plaintiff without it being entitled for patent under the provisions of the act.24. ..... section 104-a of the patents act, 1970 was inserted by way of patent amendment act, 2002 with effect from 20.5.2003. ..... the application 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 the requirements for the grant of a patent, the plaintiff was granted a patent (bearing patent no.186857) for the invention titled, a method of preparing a herbal hepatoprotective and antihepatotoxic composition dated 5th july 2002 by the controller of patents, india for a term of seven years from 20th april .....

K. Ramu Vs. Adyar Ananda Bhavan and Muthulakshmi Bhavan

Court : Chennai

Reported in : LC2007(1)352; (2007)2MLJ907; 2007(34)PTC689(Mad)

..... when third parties infringe the rights granted under the patent act then section 108 of the act will come into operation according to which in case of infringement the court may grant the reliefs including injunction and ordering the goods to be seized, forfeited or destroyed.19. ..... therefore the plaintiff having obtained the patent for both the process and product under the patent act, 1970 has got the statutory right to prevent 3rd parties from infringing those rights.18. ..... he refers to 2j, 2ja, section 48, section 104a and 108 of patents act, 1970 and contends that in view of the above provisions of the act the plaintiff is entitled to an order of interim injunction. ..... hence the plaintiff filed the above suit for a permanent injunction restraining the defendant from infringing the plaintiff's process patent and product patent by making or selling products made with the patented process and also from making or selling sweets made with fructose by violating the registered product patent plaintiff also prayed for the destruction of all the materials and implements used by the defendant for creation of the infringing goods and also for damages amounting to rs. ..... in such circumstances section 48 of the patents act, 1970 will hold the field according to which a patent granted under this act shall confer upon the patentee the exclusive right to prevent third parties from the act of making, using, selling or importing that product in india if the subject matter of the patent is a product. .....

Hindustan Unilever Limited vs.eureka Forbes Limited & Anr

Court : Delhi

..... only be his defence on merits but not a ground to seek rejection of the plaint at the threshold, on the basis that no suit is maintainable for infringement of patent against another patentee; (iii) section 107a of the act also, while enumerating the acts that do not constitute infringement of a valid patent, does not provide that use of a patent by a patentee does not constitute infringement of patent; (iv) section 108 makes available to a plaintiff in a suit for infringement of patent, the relief of injunction restraining the defendant; (v) if the argument of the defendant were to be accepted, it would mean that the plaintiff should ..... whether a suit for permanent is maintainable by one registered patentee against another registered patentee under the provisions of patents act, 1970?. ..... it was inter alia reasoned, (i) that section 48 of the patents act, 1970 grants exclusive right to a patentee to prevent third parties who do not have his consent, from undertaking the making, using, offering for sale, selling etc. .....

1.The State of Tamil Nadu Vs. 1.M.Seeniammal

Court : Chennai

..... respondent in w.a.no.1369 prayer writ appeals filed under section 15 of letters patents act against the order of this court dated 18.06.2013 in w.p. ..... (iv) in cases, where relaxation of rules are involved, monetary benefit shall be allowed with effect from the date of issue of orders as per rule 23(a)(ii) of the general rules for tamil nadu state and subordinate services; (v) in cases where relaxation of rules are not involved, monetary benefit shall be allowed with effect from the date of regularisation; (vi) the part-time and casual employees are ..... all the heads of departments are directed to ensure that all the above said instructions are followed without fail and lapses if any found, responsibility will be fixed against them; (ix) all the proposals for regularisation of the services of full time daily wage employees should be sent to the government even in cases where relaxation of rules are not involved.". ..... respondents common prayer contempt petitions filed under section 11 of contempt of courts act 1971 to issue summons/notice to the respondents and punish the respondents for the wilful deliberate disobedience of the order passed by this court in w.p. ..... , (2010) 13 scc448 this court dealt with the issue of regularisation of part-time employees and the court refused the relief on the ground that part-timers are free to get themselves engaged elsewhere and they are not restrained from working elsewhere when they are not working for the authority/employer. .....