Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 120 unauthorised claim of patent rights Page 11 of about 1,092 results (0.335 seconds)

Dr. Aloys Wobben Vs. Yogesh Mehra and ors

Court : Delhi

..... the grappling for rights resulted in eil, instituting proceedings in the ipab, in january 2009, under section 64 of the patents act, 1970 (hereinafter referred to as the patents act), to seek revocation of certain patents belonging to ..... point, it was contended that, to maintain a revocation petition before the ipab, the locus of the person would depend on whether he is a "person interested" as defined in section 2(t) of the patent act; however, a defendant who prefers a counter claim in an infringement suit may or, may not, be a "person interested" though he would have the right to challenge the grant of patent. ..... placed on the provisions of section 104 and section 117 g of the patent act to show that where a counter claim is filed in the suit, it is the high court alone, which can decide the issue of validity of patent. ..... we are called upon to grapple with is: should the respondents/the original defendants be permitted to continue the prosecution of proceedings for revocation of patents instituted by them, before the intellectual property appellate board (in short ipab) when, purportedly, they have elected to prosecute their counter claims for revocation of the very same patents, in the suits for infringement, filed by the appellant, who is the original plaintiff. ..... the first ingredient would present no difficulty as the person instituting the revocation petitions and the counter claims would ordinarily know the nature of the two actions; it is the latter two which are required to .....

Bristol Myers Squibb Company and anr. Vs. V.C. Bhutada and ors.

Court : Delhi

..... approaching the issue whether the court has territorial jurisdiction to entertain the present suit, reference has to necessarily be made to section 20 of the cpc and section 62 of the patents act 1970 ( patents act ), which read as under: section 20 cpc other suits to be instituted where defendants reside or cause of action arises.-. ..... the proviso states that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the high court ..... onset of information technology in modern times, registration of a website which is popularly known as domain name, a party owning a website has a right to protect the same if any person registers the website with a name which is inherently deceptive. ..... defendant no.3, it is stated that in relation to its conduct in the past, with respect to the invention claimed in the suit patent, the plaintiff has filed cs (os) no.2279 of 2009, which is pending in this court. ..... stated that dasatinib and dasatinib monohydrate are two different molecules and are two different chemical entities and, therefore, no action can be brought against defendant no.2 on the basis of the alleged claim for dasatinib under indian patent no.203937.15. ..... 2006 (32) ptc301 the court observed as under: the other aspect of the matter is that a threat of selling the offending goods in delhi would in itself confer jurisdiction in the courts in delhi to entertain a suit claiming an injunction in respect thereof. .....

Movius Vs. Arthur

Court : US Supreme Court

..... plaintiff insists further that all finished skins are dutiable under the act of 1872, and that, as patent leathers are not there named specifically, they are dutiable as " ..... , in lieu of the duties imposed by law on the articles in this section enumerated, there shall be levied, collected, and paid on the goods, wares, and merchandise in this section enumerated and provided for, imported from foreign countries, ninety percent of the several duties and rates of duty now imposed by law upon said articles severally, it being the intent of this section to reduce existing duties on said articles ten percent of such duties; that ..... the day and year aforesaid there shall be levied, collected, and paid a duty of thirty percent on the importation of the articles hereinafter mentioned and embraced in this section -- that is to say, japanned, patent, or enameled leather or skins of all kinds, . . . ..... error contends that the words "skins dressed and finished, of all kinds not herein otherwise provided for," in the act of 1872, repeals the provision imposing duties on "japanned, patent, or enameled leather or skins," in the acts of 1861 and 1862. ..... , in addition to the duties heretofore imposed by law on the articles hereinafter mentioned, there shall be levied, collected, and paid on the goods, wares, and merchandise enumerated and provided for in this section, imported from foreign countries, a duty of five percent ad valorem. ..... , claiming that the goods were dutiable at twenty percent only under the .....

Stockley Vs. United States

Court : US Supreme Court

..... "under the benign influence of this statute, it would matter not what the mistake or error of the land department was, what the frauds and misrepresentations of the patentee were, the patent would become conclusive as a transfer of the title, providing only that the land was public land of the united states and open to sale and conveyance through the land department. ..... receiver's receipt upon the final entry of any tract of land under the homestead, timber culture, desert land, or preemption laws, or under this act, and when there shall be no pending contest or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of ..... 588 , this court defined the term entry as meaning: "that act by which an individual acquires an inceptive right to a portion of the unappropriated soil of the country by filing his claim in the office of an officer known in the legislation of several states by the epithet of an entrytaker, and ..... that section, it was said, recognizes: "that when its proper officers, acting in the ordinary course of their duties, have conveyed away lands which belonged to the government, such conveyances should, after the lapse of a prescribed time, be conclusive against the government, and ..... section 7 of the act of ..... 450 , this section of the act was again under ..... that section, so far as necessary to be stated, provides .....

Balan Vs. Sivagiri Sree Narayana Dharma Sanghom Trust

Court : Kerala

Reported in : AIR2006Ker58; 2006(4)CTC273; [2006(2)JCR94]; 2005(4)KLT865

..... it was held that an order passed rejecting an application for amendment of written statement in original petition filed under section 104 of the patents act is appealable under section 5(i) of the high court act.10. ..... findings are also rendered non-appealable, the party affected would be put to prejudice and would be without remedy, for there would be a conclusion one way or the other of the rights and entitlements and only by reason of the ultimate order such conclusion would remain final and binding all through the proceedings not only in the trial but even at the later stage. ..... 39, while considering the maintainability of appeal under letters patent (bombay) act against order passed under section 24 cpc, held that even though only judgments are appealable and an order passed by the single judge is not a judgment so as to maintain an appeal as held by the apex court in asrumati debi's case (supra), when an order decides other issues affecting the rights of parties, such part is appealable. ..... the apex court considered the question whether an order passed under section 17b of the industrial disputes act in a writ petition is appealable under clause 10 of letters patent (patna) act wherein an appeal will lie only against judgment in employer in relation to management of central mine planning ..... gupta (1970 klt 941) wherein the question was whether the appeal is maintainable under section 5(i) of the high court act against an order passed in the inherent jurisdiction under section 561a .....

Oil Industry Development Board vs.godrej & Boyce Mfg Co Ltd

Court : Delhi

..... (b) a contravention of the arbitration act itself would be regarded as a patent illegality for example if an arbitrator gives no reasons for an award in contravention of section 31(3) of the act, such award will be liable to be set aside. ..... learned counsel for the respondent next contends that all the counter-claims have been rightly rejected by the learned arbitrator as there was not a whisper of these claims by the petitioner in any of its communications prior to the commencement of arbitration ..... it is contended by learned counsel for the petitioner that the learned arbitrator has committed a patent error by dismissing the counter-claim on the sole ground that it was never raised prior to the arbitration proceedings. ..... 2017) scc online del 11860 as under: as far as the issue of non-service of notice to the respondent before raising a counter claim is concerned, the same is no longer res integra and it has been authoritatively held by the supreme court in state of goa v ..... submits that section 2(9) of the act defines a claim and includes a counter-claim as well. ..... learned counsel therefore submits that the learned arbitrator has committed patent illegality in allowing the claims of the respondent towards the deduction of the ld charges ..... enterprises (2012) 12 scc581 the apex court has clearly held that for raising a counter-claim it is not essential that the party must raise such a claim before the other party, prior to the arbitration proceedings or issue a notice invoking arbitration .....

Egan Vs. Mcdonald

Court : US Supreme Court

..... of federal adjudication, neither in 1908, when the deed to huston was executed, nor in 1909, when it was approved by the secretary of the interior, was there any provision of law that heirs of an indian allottee under a trust patent could make a valid conveyance only if some federal court should first have established that they were the heirs. ..... 286, which gave to indians who claimed to be entitled to an allotment the right to litigate their claim in a federal court, did not confer the right to litigate in state courts. ..... so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. ..... under the provisions of that statute and the terms of the trust patent, the heirs, as well as weasel, were without power to convey title before the expiration of the 25 years ..... as to the power of weasel's heirs to convey, the trust patent was issued under 11 of the act of congress of march 2, 1889. ..... mcdonald's title was this: (1) a 25-year trust patent dated december 12, 1895, for an indian allotment issued to weasel, under 11 of act of congress march 2, 1889, c. ..... 275, an indian allotment held under trust patent and subject to the restrictions on alienation imposed by the act of march 2, 1889, 11, c. ..... provision, like that prescribed by act of june 25, 1910, c. ..... but, by 7 of the act of congress may 27, 1902, 32 ..... error to the supreme court of the state of south dakota syllabus under 7 of the act of may 27, 1902, c. .....

M/s. Prince Marine Transport Services Pvt. Ltd. Vs. M/s. Minescape Min ...

Court : Mumbai

..... of the arbitration proceedings including of sections 14, 34, 36, 37, 39(2), 42 and 43 would not lie in any other court including, pune court, though there is no clause of exclusive court jurisdiction and/or no specific clause of seat of arbitration fixed, but merely because two venues are fixed by the arbitral tribunal, out of which one is mumbai. 36. section 20 of the cpc and/or the jurisdiction of the civil court, is different from the jurisdiction of the high court under clause xii of the letters patent act ..... . the observations, even if any, under section 9 and/or confirmed by this court in this appeal on merit, will not influence the arbitral tribunal to decide the merits of the claim or counter claim, if any, on all other grounds ..... this appeal is filed under section 37 of the arbitration and conciliation act, 1996 (amendment act, 2015) (with effect from 23 october 2015) by the appellant/original (purchaser) petitioner, as the learned single judge rejected section 9 application filed by the petitioner thereby refused to grant any protective order/injunction for short against the respondent (seller) from assigning, selling, transferring, alienating and/or creating third party rights, title or interest in respect of the two barges or parting with possession ..... . the merits of their submissions if any and the effect of the claim and of the counterclaim, arising out of the disputes, ultimately has to be adjudicated by the arbitrator tribunal finally .....

Speaking Roses International Inc. Vs. Controller-general of Patents an ...

Court : Mumbai

Reported in : (2007)109BOMLR630; LC2007(2)75

..... rejection of the claim is essentially based on the fact that it falls within the mischief of section 3(j) of the patents act, 1970 as amended by the patents (amendment) act, 2002 and that it is not an inventive step taken by the petitioners in as much as 3 other patentees are stated to have been granted patents for the same ..... the provisions of section 3(j) of the patents act, 1970 (i) section 3 of the patents act enumerate what are not inventions in sub clauses (a) ..... petitioners' claim falls completely outside the preview of section 3(j) of the patent act. ..... proceeds on a fundamental error relating to the bar under section 3(j) of the patent act as well as the title and the definition of the petitioners' patent applied for. ..... it may atonce be mentioned that the petitioners' claim for patent is for the method of providing the image on the organic product and not for the organic product ..... accordingly under this section no patent can be granted inter alia for plants or for any biological processes for production or propagation of ..... of said procedure the petitioners have applied for amendment to their application for their patent, but which need not be considered for the reasons set out hereinafter. 5 ..... by the petitioners along with the illustrations provided by the petitioners annexed to their application shows complete consistency with their claim for a patent for a method as against the patent for a product. ..... party would have a locus to challenge the patent, which right has not been exercised. .....

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

Court : Delhi

Reported in : 148(2008)DLT598; LC2008(2)35; 2008(37)PTC71(Del)

..... . thereforee ,i held that the invention cannot be held non-patentable under section 3(d) of the patents act, 1970 ..... .'as to whether the invention was in respect of a derivative that disclosed significant enhancement in efficacy, the patent office, in the said order observed as follows: the opponent during the hearing raised the issue that the present compounds fall under section 3(d) of the indian patents act as the claimed compounds are obvious variants of prior art compounds and do not significantly differ in therapeutic efficacy over the compounds of prior article this issue was not taken in their representation ..... : based on my finding under the ground of obviousness and lack of inventive step wherein i concluded that the claim of the applicant that the compound of the present invention are 4 to 16 times more potent than the prior art compounds, are not persuasive, i conclude that all the compounds claimed in the present invention do not significantly differ in efficacy compared to the prior art which is the explicit requirement under section 3(d) and thereforee is not patentable under section 3(d) of the patent act. ..... a patent holder will enforce his rights only after grant but he can claim for entire period after the date of publication. ..... the plaintiffs claim their knowledge of the defendant's plans to infringe their rights in the patent, from such reports. .....