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...of the patent that had been granted to M/s Hindustan Metal Industries, Mirzapur on the same grounds which were raised in his counter claim in the suit for injunction and damages...— proceeds the argument — the Court should uphold the patent. It is submitted that a patent is granted by the Controller after due inquiry and publication and, unless the contrary is proved, should be presumed...
...”. The petitioner submits that this invention resulted in a first of its kind miracle drug that cured chronic myeloid leukaemia. The invention has been granted patent protection in over 35 countries at the...Trademark office (has to be filed within 60 days of the marketing approval by the USFDA of the drug product), the only granted patent for which an extension based on the Glivec approval could be sought...was that of the Zimmermann patent as the US application for ß-crystalline form was pending and had not been granted a patent.3.4.3 It has been argued that such coverage...
...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...originally granted in favour of CSIR, New Delhi who assigned the same to the plaintiff vide Assignment Deed dated 22nd May, 1979 for further development and exploitation of the patent process in accordance..., 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...
...AIR 1953 SC 198, 1953 SCR 1159 as follows:“Leave granted under clause 12 ....(4) An order rescinding leave of the trial Judge granted by him under clause 12 of the letters patent.(5) An order deciding a...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...
...provisions dealing with the right of a patentee
in another country or his assignee to apply for a patent in Jamaica. Section 29 is of
particular importance and...
No 3247 (“the Patent”) was granted to Mr Robinson, and very shortly afterwards he
assigned it to Pfizer for the nominal sum of $2.
2. Amlodipine besylate...
No 18266 was granted upon this application. The normal term of a patent in Egypt was,
at that time, 10 years and so patent No 18266 expired in March 1997, that is to say...
...assignee the assignment is a part of the cause of action, and upon that cause of action leave, as far as I know, has invariably been granted. For practical purposes it is impossible before the...1. This is an application to revoke leave granted under Cl. 12 of the Charter in a case where the plaint disclosed or purported to disclose a part of the cause of action in Calcutta...in support of the application may be summarised as follows. That under Cl. 12 of the Letters Patent the Court has discretion to grant or refuse leave in a case where part of the cause of action...
...parties and hence no letters patent appeal will lie. The learned Senior Counsel further submitted that Respondent 3 claims as an assignee of the rights of Respondents 1 and 2 and has the right to...of the court. It is the duty of the court to decide whether leave was to be granted or not to the person or to the assignee to continue the suit. The discretion to implead or not to implead parties...R. Banumathi, J.— Leave granted. This appeal arises out of the judgment of the High Court of Judicature at Bombay dated 22-8-2014 2014 SCC...
...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..., granted, under Article 133(1)(c) of the Constitution, a certificate of fitness for appeal to this Court. The principal question urged before us is as to whether the respondent Company can claim to...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...
...of extensive research work and logical analysis. Patent is a legal document that is granted by the Sovereign and gives an inventor exclusive right to make/use/sale an invention for a specified number...exist and it should be a significant improvement to the existing technology. Besides, patents cannot be granted for invention that would only be used for an illegal or immoral purpose. No patent can be.... **
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C. The assignee is desirous of acquiring the patent and has requested the assignor to transfer and assign all its rights, title and...
...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..., 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...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...
...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...
...no. PCT/US2002/021349 was filed in USA with priority date 6thJuly, 2001. Patent in India was granted on 6thSeptember, 2007 under the title BETA-AMINO TETRAHYDROIMIDAZO (1,2-A...well aware of the plaintiffs' product JANUVIA as also the patent which had been granted to cover the same. They were also aware that active ingredient, R- Sitagliptin is in JANUVIA and that suit patent.... Defendant has also denied the title of plaintiff in the suit patent. It is alleged that suit patent was originally filed by Merck and Co. Inc. and was also granted in its name; No documents were filed by...
...29th February, 2000 is said to be Rs. 16.68 crore of the three plaintiffs, the first is the inventor, the second, assignee manufacturer in whose name patent was obtained, and the third the licensee.... Beside obtaining such registration of its design and applying for patent for its product, the defendant has also applied for revoking the patent that has been granted to the plaintiff's in OP No. 902 of...the patent granted to Combustion Engineering incorporated USA that specification having been filed with the patent office at Calcutta on 1st April, 1980, which contains the drawing of a significant of...
...Original Side Appeal is filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent against the order dated 13.04.2009...1st Respondent as insolvent and also direct that the estate of the 1st Respondent be vested in the Official Assignee [2nd Respondent] for the benefit of the general body of the creditors of the debtor...as insolvent by the order dated 25.08.2008 Learned single Judge has also directed the 2nd Respondent-Official Assignee to take over the assets of the 1st Respondent and administer the estate of the...
...necessary for the recovery of damages or otherwise in respect of any and all infringements of any patents, or any patents granted in respect of any pending patent applications, regardless of whether said...., the respondent entertained the agreement to transfer the ownership of entire right and total and title and interest under certain inventions and patent and patent applications against the sum of Rs.... 90 Lakhs or lump sump and as per the term of agreement the assignee became the sole owner of that Intellectual Property Right. Revenue is of the view that the said activity is taxable in terms of...
...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...
.... Devi v. The Official Assignee of Calcutta(29) and it was held by the learned Judges that the re-adjudication was linked up with the original adjudication and the proceedings subsequent to re...to make out a case of pressure and in this attempt the Appellants miserably failed. But even if the creditors failed to prove pressure the burden would still lie on the Official Assignee who has got...sec. 31(1) of the Presidency Towns Insolvency Act. On the 25th August, 1941, the Official Assignee instituted a suit (being Suit No. 1461 of 1941) against the present Appellant...
...K.G Balakrishnan, J.— Leave granted.2. A case was registered by PS Sirhind against seven persons, including the appellant under Sections 469/467...for hearing on 5-5-2003. Meanwhile, on 29-4-2003 the Administrative Judge of the High Court of Punjab and Haryana came for annual inspection to the District and Sessions Court, Fatehpur Sahib, and the...Administrative Judge, dismissed the application. But, on the next day i.e 6-5-2003, when his attention was drawn to the order of the Administrative Judge, the Sessions Judge granted bail to the appellant. The...
...and Angane. The respondent also ensured sanctioning of overdraft facility against the STDRs so issued. It is also alleged that the respondent exerted pressure to grant overdraft on the same day of...short notice loans granted thereagainst. Accordingly you introduced Shri Kishor Bidaye and caused his current account to be opened in the books of Jogeshwari (W) Branch knowing fully well that Shri Bidaye...an appeal before the Appellate Authority, which was rejected by the order dated 29-10-1991. Aggrieved thereby, the respondent preferred Writ Petition No. 2105 of 1992 before the High Court of...