Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Page 16 of about 1,464 results (0.225 seconds)

The Registrar, University of Madras, Chepauk, Madras - 600005 and Othe ...

Court : Chennai

Reported in : (1995)IIMLJ367

..... not chosen to notify the said provision, though several other provisions of the amendment act have been notified and brought into force. 64. the state commission in the above referred case proceeded to observe that the decision of the national ..... the provisions of any other law. further, after the decision in bangalore water supply and sewerage board case : (1978)illj349sc , the parliament has passed the amendment act 46 of - excluding education, scientific, research or training institution from the definition of 'industry', making clear the intention of the legislature. but, the government has ..... would include even 'religious service' and such a construction would lead to absurdity. the more clinching aspect of the matter is that even when the act was amended by act 50 of 1993, the legislature did not choose to include 'education' in the definition of 'service', while introducing 'housing construction' only. further, .....

The Registrar, University of Madras and anr. Vs. Union of India (Uoi), ...

Court : Chennai

Reported in : (1995)2MLJ367

..... the provisions of any other law. further, after the decision in bangalore water supply and sewerage board case : (1978)illj312sc , the parliament has passed the amendment act no. 46 of 1982 excluding educations, scientific, research or training institutions from the definition of 'industry', making clear the intention of the legislatures. but, the ..... government has not chosen to notify the said provision, though several other provisions of the amendment act have been notified and brought into force.64. the state commission in the above referred case proceeded to observe that the decision of the national commission ..... employ the terms of art in the interpretative exercise, it has to be highlighted that the afore-quoted definition is not an enhaustive one, but is patently an inclusive one. by enumerating certain categories, the legislature has only included therein some of the services which may otherwise be a matter of some .....

Khevinaben R. Patel Vs. Jagdishchandra J. Desai

Court : Gujarat

Reported in : (1994)1GLR344

..... as under:xx the decision of mahrotra, j., dismissing the application was certainly a decision denying the right of the appellants alleged to have been conferred under the amending act. xx7. in radhy shyam v. shyam behari singh : [1971]1scr783 , the apex court was concerned with an order, setting aside an auction sale under order ..... in the m.b. sirkar case : air1956cal630 (supra) as to when an order on an application for amendment can become a judgment within the meaning of clause f5 of the letters patent. if an amendment merely allows the plaintiff to state a new cause of action or to ask a new relief or to include ..... of the said high court, where the judge who passed the judgment declares that the case is a fit one for appeal;....(emphasis supplied)under the letters patent, various jurisdictions are conferred on the high court. broadly classified, they are ordinary original civil jurisdiction, extra-ordinary original civil jurisdiction, appellate jurisdiction from subordinate courts .....

Mrs. Laxmi Bai and Others Vs. Kamalaksha G. Nayak and Others

Court : Karnataka

Reported in : AIR1994Kant174; ILR1993KAR1936; 1993(2)KarLJ419

..... shall be disposed of by such court in accordance with law as if such suits or proceedings concerned had been instituted or commenced in such court.'though the amendment act came into force in 1989 itself, neither the parties nor the court had noticed that the suit in question stood transferred to the munsiff's court and the ..... they had been originally filed, whereas in the present case, the suit stood automatically transferred to the munsiff court by virtue of section 4(1)(b) of the amendment act and therefore, the civil judge could not have exercised any jurisdiction to pass any order in this case. it is difficult to accept this contention for more than ..... suits or proceedings. intendment of section 4 is not to prevent the court where appeal, suit or proceeding is pending from passing any judicial order therein after the amendment act came into force. it may be noted that section 4(1)(b) states that the suits and proceedings pending before the court of civil judge shall stand transferred .....

Kshitish Kumar Som Vs. State of Bihar

Court : Kolkata

Reported in : AIR1953Cal639

..... decree itself joined as defendants. at the time the compromise was filed no fresh leave under clause 12 of the letters patent was obtained. it was held that the effect of adding new parties by an amendment was to enlarge the scope of the suit and, therefore, fresh leave had to be obtained as condition precedent to ..... that the agreements were not executed according to law. thereupon, both the plaint and the written statement were ordered to be amended. by the amendment the plaintiff took alternative pleas under sections 65, 70 and 72, contract act, but no fresh leave was asked for or obtained. the learned judge said as follows : 'the wording and meaning of ..... clause 12 of the letters patent, 1865, is clear, namely, that the court's leave shall previously be obtained before it has .....

Caraco Pharmaceutical Laboratories, Ltd. Vs. Novo Nordisk a/S

Court : US Supreme Court

..... brand manufacturer s drug, another company may seek permission to market a generic version pursuant to legislation known as the hatch-waxman amendments. see drug price competition and patent term restoration act of 1984, 98stat. 1585. those amendments allow a generic competitor to file an abbreviated new drug application (anda) piggy-backing on the brand s nda. rather than ..... . 3d 1359, 1362 (ca fed. 2010). thus, novo currently holds a patent for one of the three fda-approved uses of repaglinide its use with metformin. but novo holds no patent for the use of repaglinide with tzds or its use alone. in 2005, caraco filed an anda seeking to market a generic version of repaglinide. at ..... that time, the orange book entry for prandin listed both the 035 patent (the drug compound) and the 358 patent (the use of the drug with metformin). caraco assured the fda that .....

Secretary, Department of Atomic Energy, Government of India Vs. the Co ...

Court : Kolkata

Reported in : LC2009(2)323

..... the patentee on 20.11.2006 and the annexure submitted on 11.06.2007, it is not clear what is the purpose of filing those amendments as stipulated in section 57(2) of patents act. equity demands that the annexure filed on 11.06.2007 should have been endorsed to the opponents by the patentee. it is not a ..... a coal combustion plant for reducing suspended particulate matter. the application to protect the invention was made in january of 1999 and the patent was sealed in the petitioner's favour on april 26, 2005 whereupon the grant dated back to the time of the application. the petitioner's essential complaint is the illegal procedure adopted by the ..... of the first respondent visited chandigarh to ascertain the bona fides of the appellant company;(vi) negotiations were held between the parties in the third week of march, 2005 at chandigarh;(vii) letter of revocation dated 23-2-2006 was received by the appellant company at chandigarh. consequences of the revocation ensued at chandigarh by which the .....

Zodiac Seats Uk Limited (Formerly Known as Contour Aerospace Limited) ...

Court : UK Supreme Court

..... partially valid to grant relief in respect of that part which is found to be valid and infringed. 5. section 77(2) of the act refers to "the provisions of the european patent convention relating to the amendment or revocation". this is a reference to article 68 of the convention, and indirectly to article 64. they provide: "article 64 rights ..... whether the same applied to the other fourteen infringements, which has given rise to a certain amount of controversy since: see hormel foods corp v antilles landscape investments nv [2005] rpc 28, unilin beheer bv v berry floor nv [2007] fsr 25 at paras 47-48. the essential fallacy in the majority's reasoning in coflexip lay in ..... consequence which has come about in this case. the facts 8. the patent in suit is a european patent for a "seating system and passenger accommodation unit for a vehicle", granted to virgin and published on 30 may 2007. the seat, which was designed in about 2005, reclines to provide a flat bed. it is commonly used in long- .....

Telefonaktiebolaget Lm Ericsson (Publ) Vs. Intex Technologies (India) ...

Court : Delhi

..... hon'ble mr.justice manmohan singh manmohan singh, j.1. the plaintiff has filed the present suit for permanent injunction restraining infringement of rights in eight patents registered in india alongwith damages/rendition of accounts and delivery up etc.2. alongwith the plaint the plaintiff has filed the interim application being i.a. ..... the plaintiff won an award for its lte broadcast solution in the category best tv on the move service at tv connect in london.4. the suit patents relate to three technologies in the field of telecommunications pertaining inter alia to 2g and 3g devices (mobile handsets, tablets etc), details of which are ..... plaintiff has in its plaint has provided the details of the patents and their claims raised at the time of registrations. the same are as follows : s. no.patent discussion and analysis amr patents1 in203034 linear predictive analysis by synthesis encoding method and encoder this patent relates to celp (code excited linear prediction) based encoding method .....

United States Vs. Dubilier Condenser Corp.

Court : US Supreme Court

..... and used by or for the government for governmental purposes without the payment to him of any royalty thereon, which stipulation shall be included in the patent." the legislative history of the amendment clearly discloses the purpose to save to the employee his right to exclude the public. [ footnote 18 ] in the report of the senate committee on ..... deny other and greater rights growing out of the special equity of cases like the resent. the act of april 30, 1928, 45 stat. 467, 468, amending an earlier statute of 1883 (22 stat. 625) so as to permit a patent to be issued to a government employee without payment of fees for any invention which the head of ..... the act of 1883 did not operate to dedicate the patent to the public, [ footnote 2/12 ] and reluctance to pay the fees otherwise required, had led government employees to neglect to make applications, even when they were entitled to the benefits of the monopoly subject only to the government's right of use. this doubt the amendment removed. .....