Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 40 liability for contravention of section 35 or section39 Page 2 of about 70 results (0.088 seconds)

Reynolds Vs. Mcarthur

Court : US Supreme Court

..... of the scioto from the waters of the great miami, which empties into the ohio below the mouth of the little miami, as delineated on the diagram returned by the county surveyor for the defendant in this case, and as the plaintiff's patent covers land west or without the boundary of the district so bounded as aforesaid, and is based on an entry on a virginia continental land warrant, which entry was made in the ..... must be construed as having relation back to the above recited act, entitled "an act to ascertain the boundary of the lands reserved by the state of virginia northwest of the river ohio for the satisfaction of the officers and soldiers on continental establishment, and to limit the period for locating said lands," approved 23 march, 1804, was passed and took effect, and as the plaintiff's patent covers lands west of that line and south of the greenville ..... 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 virginia, northwest of the river ohio, for the ..... year 1810, withdrawn that portion of this reserve which lies between the line run by ludlow and that run by roberts from its liability to be so appropriated? .....

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)

..... 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 ..... (4) the examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the central government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon.24. ..... therefore, it is clear that even after the grant of patent under section 43 of the patents act, 1970, which is given effect from the date of filing of application for the patent under section 53(1)(i), it is open to a party, who is opposing the patent to prove that there are no inventive step in the invention of a patentee and therefore, the patent granted need not be taken into consideration atleast at the stage of granting an order of interim injunction.33. .....

Communication Components Antenna Inc. Vs.ace Technologies Corp. And Or ...

Court : Delhi

..... statement raising defences of invalidity under section 64 of the patents act, 1970 (hereinafter, patents act ). ..... the grounds urged by the defendants under section 10 and section 64 of the patents act, the defendants have raised the following grounds for invalidating in 893: a) under section 3(a) of the patents act the claims in the patent specification of in 893 are frivolous as ..... c) under section 3(d) of the patents act the plaintiff seeks to introduce asymmetry in beam patterns to increase subscriber capacity for a particular area, however, as per the plaintiff s own admission, ..... one sector having one or more associated sector antennae at the base station having a critical extending coverage therefrom overlapping neighbouring sectors in a sector handover zone the split-sector antenna being constructed and arranged for replacing the one or more associated sector antennae and having a plurality of subsector coverage extending therefrom, at least one of which is each corresponding to a sub-sector asymmetrical, area and areas cs ..... associated sector antennae at the base station having a critical extending coverage therefrom overlapping neighbouring sectors thereof in a sector handover zone, the method comprising a step of: replacing the associated one or more sector antennae for a given sector with a split-sector antenna having a plurality of sub-sector coverage extending therefrom, at least one of which is each corresponding to a sub-sector and overlapping a neighbouring sub-sector .....

Taje Sufiyah Sulaiman vs.union of India and Anr.

Court : Delhi

..... he further contended that the examination was not a competitive examination but merely permitted the candidate to act as a patent agent in terms of section 126 of the patents act, 1970 (hereafter the patent act ). ..... clause (c) of section 126(1) of the patent act is relevant and is set out below: (c) he has obtained a degree in science, engineering or technology from any university established under law for the time being in force in the territory of india or possesses such other equivalent qualifications as the central government may specify in this behalf and, in addition,- (ii) has passed the qualifying examination prescribed for the purpose; or (iii) has, for a total period of not less than ten years, functioned either as an examiner ..... section 126(1)(c)(ii) of the patent act expressly provides that for a person to qualify as a patent agent, he / she should have passed a qualifying examination prescribed for the said purpose. ..... of the foregoing power, the central government maymake rules to provide for all or any of the following matters, namely: xxxxxxxxxxxxxxxxxxxx the manner in which the register of patent (xiv) agents may be maintained under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section; the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct .....

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

Court : Delhi

Reported in : LC2010(1)242

..... 1 on 3rd march, 2008 for a period of twenty years from 12th january 2000 in accordance with section 53 of the patents act 1970 ('patents act'). ..... section 48 of the patents act, which has been expressly made subject to the other provisions of the patents act, confers on the patentee, both where the subject matter of the patent is a product or a process, the exclusive right to prevent third parties, without prior permission of the patent holder, from 'making, using, offering for sale, selling or importing for those purposes' in india the patented product or a product obtained by the patented process. ..... under section 13(4) of the patents act the grant of a patent shall not deemed in any way to warrant its validity and no liability shall be incurred by the central government in connection with any examination or investigation or any report or proceedings consequent thereon. ..... it was submitted that the dcgi ought 'to reject the representation of cipla for grant of marketing approval for spurious adaptation of its patented drug sorafenib tosylate, as the same lpa 443/2009 page 4 of 27 would be in contravention of the dca. ..... the contravention of the dca as a result of the drug being a 'spurious' drug cannot possibly occur even before such drug is manufactured or marketed. .....

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

Court : US Supreme Court

..... 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, or selling the ..... of the 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 ..... 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 ..... decision 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 .....

Anheuser Busch Inbev India Limited Vs. Scarpe Marketing Pvt Ltd

Court : Karnataka

..... which (i) would violate any anti corruption laws or regulations applicable to ibspl or sabmiller india, (ii) is intended to, or does, influence or reward any person for acting in breach of an expectation of good faith, impartiality or trust, or which it would otherwise be improper for the recipient to accept (iii) is made to or for a pubic official with the intention of influencing them and obtaining or retaining an advantage in the conduct of business, or (iv) which a reasonable person would ..... (i) a party was under some incapacity, or 25 (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present ..... policy of india only when it is induced or affected by fraud or corruption or is in violation of section 75 or section 81 of the 1996 act, if it is in contravention of fundamental policy of india law or if it is in conflict with most basic notions of morality or justice ..... for damages on account of actual business loss between 5th march 2018 to 30th august 2020 awarded to the tune of rs.16,04,41,281/- as nominal damages suffers from patent illegality under section 34(2-a) of the act ..... of cisp and further agreed to assign the rights, duties and liabilities of elios under the cisp agreement to respondent herein. .....

Ajanta Pharma Limited Vs. the Controller General of Patents and Others

Court : Intellectual Property Appellate Board IPAB

..... it is to be noted that the patents act, 1970 as amended from time to time and as was in force as on 20.05.03 had to be considered, for in opposition to the grant of patent and the legal position for that opposition proceedings taking place under section 25, was only one set of right given to opponents for opposition to grant of patent i.e. ..... 85/del/95 by way of third party representation opposition under section 25 (1) of the patents act, 1970, [as amended by the patents (amendment) act, 2005 (hereinafter referred as the act)] before the honble high court of delhi bearing no. ..... m/s ajanta pharma limited, being the appellant filed an appeal under section 116 (2) of the patents act, 1970 (in short the principal act) against the order of the respondent no. ..... section 25(1) under chater v of the patents act, 1970 deals with the opposition to the grant of patent. ..... tulloch's case the apex court aptly observed that every later enactment which supersedes an earlier one or puts an end to an earlier state of the law is presumed to intend the continuance of rights accrued and liabilities incurred under the superseded enactment unless there were sufficient indications - express or implied - in the later enactment designed to completely obliterate the earlier state of the law. 19. ..... the state of bombay, (1951) scr 228, that the court was concerned with the legality of the prosecution of the appellant for contravention of the indian press (emergency powers) act, 1931. .....

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

..... (2) what is the scope and effect of section 100 of the patents act, 1970 (as amended) and its impact in the present case ?facts:4. ..... chapter iii of the patents act, 1970 provides for applications for patents. ..... secretly used in india, otherwise than as mentioned in sub-section (3), before the priority date of the claim;(m) that the applicant for the patent has failed to disclose to the controller the information required by section 8 or has furnished information which is any material particular was false to his knowledge;(n) that the applicant contravened any direction for secrecy passed under section 35 or made or caused to be made an application for the grant of a patent outside india in contravention of section 39;(o) that leave to amend the complete specification under ..... -claim in a suit for infringement of the patent by the high court on any of the following grounds that is to say -(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india;(b) that the patent was granted on the application of a person not entitled under the provisions of this act to apply therefor;(c) that the patent was obtained wrongfully in contravention of the rights of the .....

Pharmacosmos Holding a/S vs.la Renon Healthcare Private Limited & Anr

Court : Delhi

..... this is because, section 25 of the patents act, inter alia, provides for the procedure, for the grant of a patent. ..... if any proceedings have been initiated by any person interested , under section 25(2) of the patents act, the same will eclipse the right of the same person to file a revocation petition under section 64(1) of the patents act. ..... thus, only the culmination of procedure contemplated under section 25(2) of the patents act, bestows the final approval to the patent. ..... and also, to invoke the right granted under section 64(1) of the patents act, to file a counter- claim (in response to an infringement suit , to seek the revocation of a patent). ..... , appearing at the beginning of section 64(1) of the patents act. ..... i have however enquired from the counsel for the defendant no.1, whether the defendant no.1 is willing to make a statement that the defendant no.1, during the validity of the patent, will not deal in any drug infringing patent no.291100, under the name rapifer or under any other name.4. ..... yogesh mehra (2014) 15 scc360(as under), this suit for infringement of patent does not lie till the decision of the said post grant opposition. 19. ..... i have also wondered that if a patentee is disentitled from suing for infringement of patent, the moment a post grant opposition to the patent is filed with the controller of patents and till pendency thereof, whether not cs(comm) 146/2019 page 4 of 6 the same will cut into and shorten the statutory term of 20 years of validity of patent. .....