CiteTEXT
...(hereinafter called “the Act”), at No. 46368-51 on May 6, 1953 with effect from December 13, 1951 as assignee of the said patent. By virtue of this patent, the plaintiff acquired the sole and exclusive....27. The true and first inventor or his legal representative or assignee submits an application in the prescribed form and manner to the Patent Office. The application must....34. Section 29(1) of the Act entitles a patentee to institute a suit against any person who, during the continuance of the plaintiff's patent, infringes it. Sub-section (2...
...alleges that it is a company incorporated under the Companies Act, 1913, that it is the proprietor/assignee of the said Patent No. 138571 relating of Titanium Substrate..., 1977, that they have not infringed the plaintiff's patent, that the plaintiff is neither the inventor nor an assignee of any invention forming subject-matter of alleged Patent No. 138571, that the...execution. It is therefore, apparent that as soon as the entry of registration of his deed was made by the Patent Office on 21st June. 1979 the plaintiff became the assignee of the patent in question with...
...the letters patent of the High Court.2. After hearing counsel for the parties at great length we passed the following Order on April 22, 1981...) was not a judgment as contemplated by clause 15 of the letters patent of the High Court. Hence, this appeal by special leave.5. The substantial questions of law raised in...this appeal by the counsel for the parties are as to the scope, ambit and meaning of the word “judgment” appearing in clause 15 of the letters patent of the Bombay High Court and corresponding clauses in...
...appeal. The judgment-debtor preferred a Letters Patent Appeal before the High Court which was dismissed by Chagla, C.J, and Shah, J., following the two earlier decisions mentioned above. They, however...assignee an assignee for the purpose of Rule 16 and that what the Court must consider is not merely a legal assignment but also an assignment which operates in equity. The equitable principle relied upon...a person executes a document purporting to assign property to be afterwards acquired by him, that property on its acquisition passes in equity to the assignee: Holroyd v. Marshall...
...present respondent)
"to hold the same unto the assignee absolutely with all such powers, rights and remedies as are now subsisting thereon."
The...apply S.292 and to cause the bond to be assigned to the intending plaintiff. It does not appear to be necessary to discuss the older practice under the Letters Patent of 1823, founding the Supreme Court...assignment merely deals with the question of title and confers upon the assignee a right to sue which he would otherwise not have had previously to the assignment, and that the section thus merely entitles...
...above. The said list of 30 patents/applications is set out below:
S.No Patent No. Expiry Claims 1 IN252356 WO2004011453 A2 July 29, 2023 HX is used...).
29. An interim injunction was granted in the case of FMC Corporation v. Best Crop Science LLP (supra), protecting the CTPR product patent (IN'307) and process patent (IN...092118080 29/07/2003 Granted 21/06/2010 I132683 21/06/2010 PAT COOP TREATY PCT/US03/23821 29/07/2003 Expiry date 05/02/2004 EUR PATENT 03772097.6 29/07/2003 Granted 06707/2005 1549643 29/08/2007...
...such a case it was intended that an order for recovery of possession can be made against the assignee alone for that would enable the object of the statute which was to enable the landlord to recover...premises except those who have independent title to them. This section does not however say that an order for recovery of possession against an assignee of a lessee cannot be made. It would not..., therefore, support an argument that it was not intended that an order for recovery of possession could be made under Section 14 against an assignee or a subtenant. On the other harid, it seems to me that to...
..., on principle and on authority it is now clearly and firmly established that for the purposes of jurisdiction under cl. 12 of the Letters Patent, in a suit by an assignee the assignment must be...The Judgment of the Court was as follows:—Das, J.:— This is an application for revocation of the leave granted to the Plaintiff under cl. 12 of the Letters Patent to...institute this suit in this Court.2. This suit was filed, with leave of this Court, on April 17th, 1944, by an assignee of a claim founded on account stated in writing. The writ of summons was...
...Edn.) Vol. 29 p.59 para 123, „not useful" in patent law means that the invitation will not work, either in the sense that it will not operate at all or more broadly, that it....
1. Though at first blush the plot and premise of the Roche Vs. Cipla dispute appears to be straightforward - Roche claims that on March 31, 1991, it filed an application for grant of patent in...USA pertaining to Erlotinib Hydrochloride, resulting in grant of patent US '498 on August 05, 1998. During pendency of its application in USA, on March 13, 1996 it filed an application in India for...
...was filed in Europe for grant of the patent in the Zimmermann invention. In Europe it is filed in the name of the assignee and not the inventor.
2-4-1993
An application...1. The basic question before the Court is whether Novartis is entitled to a patent for its invention of the beta crystalline form of Imatinib Mesylate, a drug for curing cancer, etc...knowledge was only Imatinib as a compound which was published in the Zimmermann patent, namely, Imatinib free base.7. Even if the existing knowledge is considered as Imatinib...
...September 22, 1950, who dismissed it. Against this judgment the assignee filed an appeal under the Letters Patent, being Appeal No. 51 of 1950 which was dismissed by Mr. Justice Bhagwati and Mr. Justice Dixit...Patel, J.:— This is an appeal under Letters Patent against the summary dismissal of the execution appeal of the judgment-debtors Nos. 8 to 10 by Mr. Justice Tarkunde under O. XLI, r. 11, of...papers were actually transferred to the regular Court on August 29, 1947. In the meantime the decree-holder on August 2, 1946, assigned the decree by a registered assignment deed in favour of one...
...plaintiff was filed in 1962. It was decreed by the trial court (a Single Judge of the Madras High Court) on 10-11-1965. The Letters Patent Bench, however, on appeal being preferred, set aside the decree on....3. As already noted the trial court decreed the suit, which decree came to be reversed in appeal by the Letters Patent Bench. The following questions are to be answered to dispose of the...appeal:(1) Whether Ex. P-1 is a genuine document. This needs determination because the Letters Patent Bench has allowed the appeal of the defendants principally on the ground...
...the High Court of Madras dated 22-8-1997, by which it has been held that a letters patent appeal is not maintainable against an order passed by a Single Judge of the High Court sitting in appellate...dismissal of the same by the Single Judge, a letters patent appeal was filed. A Full Bench relying upon a decision of this Court in...virtue of provisions similar to clause 15 of the Letters Patent an appeal could be filed against the judgment of the Single Judge.We are aware of the fact...
...recognised by r. 29 and the possibility of an equity in favour of an assignee.The second case is the recent Privy Council decision in Hazari Ram Marwari v. Rai Bahadur Bansidhar....These cases show that an equitable set-off can be and has been recognised in India; in fact that the right of a judgment-debtor to ask for a stay under r. 29 is an equity which binds an assignee. In...set-off and he failed in appeal to this Court. He has now filed a Letters Patent appeal and the only question for decision is whether he is entitled to a set-off...
...patent appeal. The short question, as we have indicated, is the right of an assignee of the decree - holder, who has not applied to the court for recognition of the assignment and for execution of the...Narasimham, J.:-
(1) .this is an appeal preferred under the letters patent against the judgment of our learned brother srinivasachari j. , in s. A. No. 778 of 1956.... Affirming the judgment of the lower appellate court and raises the question as to the right of an assignee of the decree - holder, whose assignment has not been recognised by the executing court as against...
...A.N Ray, C.J— This is an appeal by certificate from the judgment dated March 29, 1971 of the High Court of Bombay.2. The appellant filed this suit...appeal against the order dated July 6, 1970. The High Court by judgment dated March 29, 1971 allowed the appeal and set aside the order dated July 6, 1970 allowing the amendment...the meaning of Clause 15 of the Letters Patent. Secondly, it was said that an order allowing the amendment was a discretionary order. Therefore, the appellate court should not have interfered with...
...Order1. Title to 29 acres of agricultural land, its possession and recovery of mesne profits, was sought by the respondent-temple from the appellants. The trial court...Judge. Further bout fought by the temple-respondent before the Letters Patent Bench of the High Court bore results inasmuch as the Bench, on fresh reconciliation of those two documents, bearing in mind...the appellants, inter alia contends that the Letters Patent Bench of the High Court could not have upset a finding of fact recorded by a learned Single Judge on fresh reconciliation of the two documents...
...the register of patents kept under this Act as the grantee or proprietor of the patent. Sec. 20 provides for the maintenance of the register, and sec. 29 gives to the patentee the right to institute a...Designs Act, 1911.The history of the events that have led to the reference is as follows. One Hiralal Banjara, to whom I will henceforward refer as the applicant, obtained a patent...dated July 12th, 1928, in respect of a machine for removing the husks and shells from mahsoor. No other person was registered as a proprietor of this patent until October 9th 1937, when one Babu Ram...
...
C/CA/128/2021 ORDER DATED: 29/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 128 of 2021
In
F/LETTERS PATENT...================================================================
CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 29/04/2022
ORAL ORDER
(PER...: HONOURABLE MR. JUSTICE R.M.CHHAYA)
The present application is to condone the delay of 96 days
occurred in preferring the letters patent appeal.
Considering the facts and circumstances...
...
C/CA/1137/2020 ORDER DATED: 29/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 1137 of 2020
In
F/LETTERS...PATENT APPEAL NO. 1403 of 2020
================================================================
RIYA ENTERPRISES
Versus
INDUSTRIAL TRIBUNAL NO.1...================================================================
CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
and
HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 29/04/2022
ORAL ORDER
(PER...