Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 120 unauthorised claim of patent rights Court: us supreme court Page 1 of about 281 results (0.250 seconds)

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

..... even as on 20.5.2003 vide section 25 only one right to oppose a patent at the pre-grant stage was available and appeal against an order, passed by the earlier, lay before the high court under the then existing section 116 of the patents act, 1970 for the reason that the amended sections 116 and 117a were not ..... publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29;(c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in india, being a claim of which the priority date is earlier than that of the applicant's claim;(d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in ..... does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29;(c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in india, being a claim of which the priority date is earlier than that of the claim of the patentee;(d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used .....

Reynolds Vs. Mcarthur

Court : US Supreme Court

..... said lands" "shall be considered and held as such until otherwise directed by law," and as said boundary line was run by ludlow under the directions of the surveyor general pursuant to an act of congress, entitled "an act to extend and continue in force the provisions of an act entitled" "an act giving a right of preemption to certain persons who have contracted with john cleves symmes or his associates for lands lying between the miami rivers in the territory northwest of the ohio and ..... then asked the court to instruct the jury that as the third section of the act of the congress of the united states of 11 april, 1818, declares "that from the source of the little miami river to the indian boundary line, established by the treaty of greenville in 1795, the line designated as the westerly boundary line of the virginia tract, by an act of congress passed on 23 march, 1804, entitled" "an act to ascertain the boundary of the lands reserved by the state of ..... the plaintiff claimed the land in controversy under a patent issued on 12 october, 1812, founded on an entry made in the year 1810 on a military land warrant granted by the state of virginia for services during the war of the revolution in the virginia line on continental ..... that as the third section of the act of congress of the united states 11 april, 1818, declares "that from the source of the little miami river to the indian boundary line established by the treaty of greenville in 1795, the line designated as the westerly .....

Ebay Inc. Vs. Mercexchange, L. L. C.

Court : US Supreme Court

..... [ footnote 2 ] to be sure, the patent act also declares that patents shall have the attributes of personal property, 261, including the right to exclude others from making, using, offering for sale, ..... patent act and the traditional view of injunctive relief accept that the existence of a right to exclude does not dictate the remedy for a violation of that right ..... like the patent act, the copyright act provides that courts may grant injunctive relief on such terms as it may deem reasonable to prevent or restrain infringement of ..... indeed, the patent act itself indicates that patents shall have the attributes of personal property [s]ubject to the provisions of ..... by the patent act, is well suited to allow courts to adapt to the rapid technological and legal developments in the patent system. ..... to the contrary, the patent act expressly provides that injunctions may issue in accordance with the principles ..... in the patent act indicates that ..... whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards, ante, at 5, and i join the opinion of the court. ..... footnote 2 section 283 provides that [t]he several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such .....

Macgregor Vs. Westinghouse Elec. and Mfg. Co.

Court : US Supreme Court

..... prices, terms, and conditions of sale for use or sale in the united states of america, its territories and possessions of brazing solders embodying the invention covered by said letters patent and so long as such brazing solders continue to be covered by said patent, shall be no more favorable to the customer than those which from time to time westinghouse established and maintains for its own sales of similar or competing brazing solders under such ..... fair to pronounce now that the doctrine of estoppel has or has not survived so that those who deem themselves holders of patent rights might not suffer because they assumed that the court would preserve that which by no intimation it purports to jettison. ..... 2/3 ] see patent act of 1790, ..... cases and since, in all english-speaking jurisdictions, in the courts of england, of the dominions and of the various states, as well as in the lower federal courts, where most patent litigation originates and stops, a weighty body of cases affirmed and applied that doctrine with rare unanimity. ..... that the price-fixing provision was a violation of the sherman act and the clayton act, and constituted an unlawful use of westinghouse's patent monopoly which rendered the whole license agreement illegal. ..... that, the claim of the licensee was that the articles for which royalties were claimed were outside the ..... sections 5 and 6 of the license agreement, set out below, [ footnote 1 ] required macgregor to sell the solder for no less than the price westinghouse page .....

Microsoft Corp. Vs. I4i Ltd. Partnership

Court : US Supreme Court

..... under 282 of the patent act of 1952, [a] patent shall be presumed valid and [t]he burden of establishing in-validity of a patent or any claim thereof shall rest on the party asserting such invalidity. 35 u. s. ..... , at 124 (explaining that the patent act of 1836 allowed a party sued for infringement to prove, among other defences, that the patentee was not the original and first inventor of the thing patented, or of a substantial and material part thereof claimed to be new (internal quotation marks ..... argued april 18, 2011 decided june 9, 2011 in asserting patent invalidity as a defense to an infringement action, an alleged infringer must contend with 282 of the patent act of 1952 (act), under which [a] patent shall be presumed valid and [t]he burden of establishing invalidity shall rest on the party asserting ..... among other defenses under 282 of the patent act of 1952 (1952 act), an alleged infringer may assert the invalidity of the patent that is, he may attempt to prove that the patent never should have issued in the first ..... 1 (1934) (rca) ), judge rich concluded: [section] 282 creates a presumption that a patent is valid and imposes the burden of proving invalidity on the ..... issued, a patent grants certain exclusive rights to its holder, including the exclusive right to use the invention during the patent s duration. ..... 120, 124 (1874) ( the burden of proof rests upon [the defendant], and every reasonable doubt should be resolved against him ); the barbed wire patent , 143 u. ..... 120, 124 ( .....

Joy Vs. St. Louis

Court : US Supreme Court

..... on the sixth day of june, 1874, those from and under whom plaintiff derives title to the real estate sued for were the owners of the concession, and by an act of congress, entitled "an act obviating the necessity of issuing patents for certain private land claims in the missouri, and for other purposes," approved june 6, 1874, it is provided that the right, title, and page 201 u. s. ..... it was also alleged that the defendants entered upon the premises on the sixteenth of june, 1896, claiming to own the same as a wharf, under and by virtue of section 9 of an act of congress approved june 12, 1866, entitled "an act authorizing documentary evidence of titles to be furnished to the owners of certain lands in the city of st ..... 203 , it was said that, before the circuit court can be required to retain a cause under its jurisdiction, under section 5, act of 1875, it must in some form appear upon the record, by a statement of facts in legal and logical form such as is required in good pleading, that the suit is one which really and substantially involves a dispute or controversy as to a right which depends upon the construction or effect of the constitution, or some law or treaty of the united states. ..... by virtue of the first section of an act of congress approved june 13, 1812, entitled "an act making further provision for settling the claims to land in the territory of missouri," the title in fee simple to said concession, survey, confirmation, and outlot was confirmed and granted to .....

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

Court : Supreme Court of India

..... a period of 5 years, that is, till january 1, 2000; sub-article 4 allowed india to delay for a further period of five years, that is, till january 1, 2005, the application of the provision relating to product patent, in respect of all articles excluded by the patent act, 1970 [section 5 of the act as before it was amended:section 5. ..... in 1998, when the application was made on behalf of the appellant, the patents act, 1970, had a provision in section 5 with the marginal heading, inventions where only methods or processes of manufacture patentable that barred grant of patent to substances intended for use, or capable of being used, as food or medicine or drug, or ..... act further incorporated in the parent act, chapter iva, which contained provisions for grant of exclusive marketing rights in respect of pharmaceutical substances for which a claim for patent was made under section 5 of the act ..... in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act [clauses (l) and (ta) of section 2(1) are also on the issue of invention but as noted above those provisions, though defined in section 2 are not used anywhere else in the act and, therefore, we do not take those provisions in consideration for construing ..... was commercially launched in the market long before the grant of patent for beta crystalline form of imatinib mesylate.120. .....

FranklIn Vs. Lynch

Court : US Supreme Court

..... but, recognizing the probability of improvident and hasty sales being made, congress provided that the land could not be sold until after the patent had actually issued, and even then only one quarter could be sold in one year, three quarters in three years, and the balance ..... has applied for and been admitted to membership in an indian tribe by intermarriage cannot thereafter claim the rights of an indian as to receiving allotment and the rights of a white non-indian as to alienation, and all parties dealing with such a person do so with knowledge of the restrictions on alienation imposed by the act of 1902. ..... with her, as to land thereafter allotted to her, were charged with knowledge that the act of 1902 declared that such land should not be affected by any contract made before allotment. ..... she promptly made her selection, and on december 12, 1906, received a patent to land, all of which, except the homestead, she, on december 14, 1906, sold for value to ..... which involve the effect of the deed of an intermarried choctaw to an allotment to be subsequently acquired, and the construction of acts of congress affecting the right of allottees to convey, are stated in the opinion. ..... law containing this section was extended (32 ..... shall inure to the benefit of the grantee, was only extended to indian territory so far as applicable and not inconsistent with any law of congress, it has no effect on titles to allotments which, under the act of 1902, cannot be affected by conveyance before patent. .....

Andrus Vs. Shell Oil Co.

Court : US Supreme Court

..... . the question presented in this case is whether oil shale claims brought under this saving clause of the mineral leasing act must satisfy the usual standards of patentability, or instead may be patented through the use of a "discovery" standard different from that ..... [ footnote 10 ] at the conclusion of its hearings, the committee recommended legislation placing a deadline on the filing of patent applications for oil shale claims and permitting an oil shale claimant to pay $100 a year to the land office in lieu of $100 in ..... b the saving clause of the mineral leasing act thus directs that the validity of all claims brought thereunder -- including those relating to oil shale -- must be judged according to the general criteria of patentability that were established in the mining law ..... expended some $18,780 in perfecting title to and preparing patent application for the mountain boy claims before 1964, it did not purchase [the claims] from frank winegar for $30,000 [until] after initiation of ..... , the owner of a valid mining claim located before february 25, 1920, on lands covered by the 1914 act, in order to obtain a patent to the minerals, is required to acquire the outstanding interest of the surface owner and thereafter to execute a deed of reconveyance to the united states ..... ] it was said that its application ensured that "valid rights [would] be protected and permitted to be perfected. ..... consolidated and tried to a hearing examiner, who, in 1970, ruled the claims valid. ..... . 106, 120, 123 .....

Eldred Vs. Ashcroft

Court : US Supreme Court

..... profits of it, relying upon his superior skill and knowledge of the structure; and then, and then only, when the danger of competition should force him to secure the exclusive right, he should be allowed to take out a patent, and thus exclude the public from any farther use than what should be derived under it during his fourteen years; it would materially retard the progress of science and the ..... ) ("the disclosure required by the patent act is 'the quid pro quo of the right to exclude. ..... expressed the view that, as a result of increases in human longevity and in parents' average age when their children are born, the pre-ctea term did not adequately secure "the right to profit from licensing one's work during one's lifetime and to take pride and comfort in knowing that one's children-and perhaps their children-might also benefit from one's posthumous popularity. ..... and it draws logical support from the endlessly self-perpetuating nature of the publishers' claim and the difficulty of finding any kind of logical stopping place were this court to accept such a ..... thomas fitzsimmons wrote to a leading industrialist that day stating that the section "'allowing to importers, was left out, the constitutional power being ..... works, and works made for hire, the term is 95 years from publication or 120 years from creation, whichever expires first. 17 u. s. c. ..... conservatively) use the 3.8% decay rate the crs has applied in the case of books whose copyrights were renewed between 1950 and 1970. ..... (1970) ..... 1970 .....