Court : Intellectual Property Appellate Board IPAB
..... . 3. m/s. newage laminators pvt. ltd. (the appellant) opposed the grant of patent under section 25 existed before the patent (amendment) act, 2005. the assistant controller of patents and designs heard the matter on 16th november, 2005 and dismissed the opposition while directing the applicant to make the following amendments in the complete specification: amendments to be carried out by the applicant (1.) the title of the complete ..... to an appeal against the order of the controller dated 3rd may, 2006 in respect of specification no.191793 filed under patent application number 861/del/2000 on 25th september, 2000 which was opposed under section 25 existed before the patent (amendment) act, 2005 by m/s. newage laminators pvt. ltd. brief facts of the case 2. m/s. shriram institute of industrial research, new .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... of claim crystalline form (form -1) of compound (2) and no.2. the claims also lack inventive step under section 2(i) (j)(a) of the patents (amendment act) 2005. 3. the learned counsel would contend that there is no data in respect of therapeutic efficacy of claim crystalline form (1) of compound (2). it is also contended ..... and every aspect. it is pertinent to note that section 15 of the patents act, 1970 gives options to the controller namely either to afford opportunity to the applicant to make amendment in the application or to refuse the application on failure to submit any amendments. section 15 reads hereunder : where the controller is satisfied that the ..... filed in pursuance thereof does not comply with the requirements of this act or of any rules made thereunder, the controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the .....
Tag this Judgment!Court : Chennai
..... by the supreme court bishwanath prasad, we may see that the said case arose under the 1911 act, which was replaced by the later 1970 act. the 1970 act itself had undergone significant changes, under the patents (amendment) act, 2005, with a view to meet india's obligations under trips. therefore, it is essential to take a ..... wholesome approach, in view of the developments upto 2005.146. keeping the above principles in mind, if we look ..... lawful.' letter to mcpherson, supra at 181, 182. apparently agreed with jefferson and the board that the courts should develop additional conditions for patentability. although the patent act was amended, revised or codified some 50 times between 1790 and 1950, congress steered clear of a statutory set of requirements other than the bare .....
Tag this Judgment!Court : Chennai
..... , by the provisions of the code of civil procedure, being an act passed by the governor-general-in-council, and being act no.viii of 1859, and the provisions of any law which has been made amending or altering the same, by competent legislative authority for india." (letters patents of the three high courts, namely, calcutta, bombay and madras are ..... p) ltd. (balasaria construction (p). ltd. vs. hanuman seva trust - 2006 (5) scc 658) and also in narne rama murthy case (narne rama murthy vs. ravula somasundaram - 2005 (6) scc 614), that if the plea of limitation is a mixed question of law and fact, the same cannot be raised at the appellate stage. we have no problem ..... for the plaintiff relied on the following decisions: (a) 2005 (1) ctc 304 (sc) (iridium india telecom ltd. vs. motorola inc.): "2. this appeal impugns the judgment of the division bench of the high court of judicature at bombay in a letters patent appeal holding that the amended provision of order 8, rule 1 of the code of civil .....
Tag this Judgment!Court : Supreme Court of India
..... on evidence led by the parties, and therefore, would also have to be characterised as perverse.31. given the fact that the amended act will now apply, and that the patent illegality ground for setting aside arbitral awards in international commercial arbitrations will not apply, it is necessary to 43 advert to the grounds ..... proper view of its own jurisdiction in refusing to grant relief on this ground. (emphasis supplied) in lesotho highlands development authority v. impregilo spa and ors., [2005]. 3 all er789[hl]., after setting out the english statutory provision, the precise question which faced the court was stated thus: [3]. section 68, so far ..... parliamentary standing committee on personnel, public grievances, law and justice for examination and report. the said committee, submitted its report to parliament on 4-8-2005, wherein the committee recommended that since many provisions of the said bill were contentious, the bill may be withdrawn and a fresh legislation may be brought .....
Tag this Judgment!Court : Delhi
..... such order being a judgment within the meaning of cpc, is maintainable. the provisions of cpc (amended and unamended) are applicable to the commercial courts act's proceedings. the term judgment was not even defined under the letters patent act. in the summary suit, though it is an interlocutory order of granting defendants conditional leave to ..... the schedule. xxxx xxxx xxxx xxxx (2) the commercial division and commercial court shall follow the provisions of the code of civil procedure, 1908, as amended by this act, in the trial of a suit in respect of a commercial dispute of a specified value. (3) where any provision of any rule of the ..... act, 1966.18. it was submitted that a non-obstante clause like section 13(2) must not be construed to create an apparent conflict between the different provisions of a statute and that the court must give effect to all the provisions by adopting the principle of harmonious construction. reliance was placed on iridium india telecom ltd v. motorola inc.:2005 .....
Tag this Judgment!Court : Delhi
..... period for making request for examination under section 11b, of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11b before the commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. (2)(i) the period within which the controller ..... (3) patent filed under sub-section (2) of section 5 before the 1st day of january, 2005 a request for its examination shall be made in the prescribed manner ..... section 11b. request for examination (1) no application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period. (2) omitted by the patents (amendment) act, 2005 in case of an application in respect of a claim for a .....
Tag this Judgment!Court : Delhi
..... is later; (v) the period for making request for examination under section 11b, of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11b before the commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. (emphasis supplied) 8. the controversy has arisen, since the petitioner moved the application ..... to enforce is the right to institute any proceedings for infringement until the patent has been granted . pertinently, sub-section (7) in section 11a was inserted by act 15 of 2005 with effect from 01.01.2005, i.e. by the same amendment act by which sub- section (1) of section 11b was amended. to read the period of limitation prescribed in rule 24b(1)(i) as .....
Tag this Judgment!Court : US Supreme Court
..... with the aid of expert testimony. p. 309 u. s. 403 . 6. the amendment of the patent law (r.s. 4921; act of february 18, 1922) which expressly recognizes the use of expert testimony in establishing damages or profits from patent infringement, did not enlarge in that respect the rules already applied in courts of equity, and ..... the fact that the copyright law was not similarly amended does not detract from the ..... impossible." the burden cast upon the defendant had not been sustained. in 1922, some years after the dowagiac decision and in harmony with it, congress amended section 70 of the patent law [ footnote 4 ] so as to provide expressly that, if "damages or profits are not susceptible of calculation and determination with reasonable certainty, the .....
Tag this Judgment!Court : US Supreme Court
..... is neither statutory nor case authority for the existence of a general right of either private individuals or the government to collaterally challenge the validity of issued patents. in the patent act of 1790, congress provided that private citizens could, upon motion alleging fraudulent procurement, prompt a district court to issue to a patentee an order to ..... , post, p. 410 u. s. 64 . mr. justice white delivered the opinion of the court. the united states appeals pursuant to 2 of the expediting act, as amended, 62 stat. 989, 15 u.s.c. 29, from portions of a decision by the united states district court for the district of columbia in a civil antitrust ..... of the act, 26 stat. 209, as amended, 15 u.s.c. 1. the government charged that the restrictions on the sale and resale of bulk-form griseofulvin, contained in the 1960 ici-glaxo agreement and the various sublicensing agreements, were unreasonable restraints of trade. the government also challenged the validity of ici's dosage-form patent. [ .....
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