CiteTEXT
...invalid under Section 64 (1)(f) of the Patents Act, 1970 for lack of inventive steps and being obvious. It is urged that Example 51 of EP '226 is the closest prior art cited in the suit patent and any...person skilled in the art would be motivated to use the same as a starting point. Further EP '226 was the first patent document to disclose the use of Quinazoline derivatives for their anti-cancer...properties. The only difference between a large number of compounds exemplified in EP '226 and those exemplified in the suit patent was a mere substitution of Methyl with Ethynyl on the 3 meta position...
...taken is contrary to the Suit Patent, where the plaintiff has clearly and explicitly stated that the engagement projection (EP) is an integral part of the main circular plate (MCP). Therefore, the...principles of claim interpretation.
17.4. Claim 2 of the Suit Patent specifically limits the main circular plate (MCP) to include the engagement projections (EP...Suit Patent clearly shows that the main circular plate (MCP), which includes the engagement projections (EP), is denoted by reference numeral
"241", with "242" being used...
...atoms at Positions 1 and 3. The title of the Zimmermann patent is Pyrimidine derivatives and processes for the preparation thereof.
25-3-1993
An application (EP...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...the origin of the Zimmermann patent specification and this was published.
6-10-1993
European Patent being EP 0564409 (corresponding to later granted US Patent No. 5521184...
...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...
...(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...manufacture of utensils, in 1951. The plaintiff after filing the necessary specifications and claims in the Patent Office, got the alleged invention patented under the Indian Patents and Designs Act, 1911...
...ILR. (1948) EP 159 it was held that a right to appeal under the Letters Patent against an order passed in appeal under Section 39(1) is not restricted by Section 39(2). ...which gave rise to the dispute and “that was sufficient to invalidate the award”. Against that order an appeal was preferred under clause 10 of the Letters Patent of the High Court of Lahore, which by...the High Court (Punjab) Order, 1947, applied to the East Punjab High Court. Before the Appellate Bench, the Governor-General contended that the appeal under the Letters Patent was prohibited by...
...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...
...disclosed in the suit patent. Such admissions were made by the plaintiffs in European Patent Office (EP 1654263) as well. In the said application, plaintiffs have admitted that suit patent disclosed only...medicine as the same were chemically and physically unstable in nature. Various objections were raised by the European Patent Office to the grant of European Patent (EP 1654263) to Merck and Co. Inc for... steps, inter alia, in the light of the first patent (WO 03/004498). The said opposition was rejected and validity of EP 1654263 was upheld. Thus, Sitagliptin...
..., disposing of a batch of appeals filed under clause 15 of the Letters Patent, against the judgment of a Single Judge is under challenge in these appeals. Since common questions of fact and law were raised.../s Goldstone Exports and other assignees for being impleaded as defendants in the suit. Thereafter the applicants so impleaded as defendants in the suit filed EP No. 3 of 1996 seeking delivery of...of a transfer made by a decree-holder to an assignee, cannot claim that the question regarding its validity should be decided during execution proceedings. Hence, it is necessary that the questions...
...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...agreement of sale in its favour. The appellant opposed the chamber summons on the ground that Respondent 3 was not a bona fide assignee or a necessary party and that the issues in the suit were framed on...OnLine Bom 4812 and costs of Rs 10,000 was directed to be paid to the appellant. Being aggrieved, the appellant preferred the letters patent appeal which came to be dismissed holding that the...
...way of restitution were started by the first defendant and Karnavan of the Tarwad by filing EP No. 29 of 1959. All the properties which had been taken possession of by Mohammed Haji in execution of the...ex parte decree and of which restitution was sought were set out in a schedule in the proceedings for restitution. Item No. 6 in EP No. 29 of 1959 was the suit property. EP No. 29 of 1959 had...Ali AIR 1916 Cal 710 where it has been held that the assignee of a decree-holder auction-purchaser stands in no better position...
...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...
...invalid under Section 64 (1)(f) of the Patents Act, 1970 for lack of inventive steps and being obvious. It is urged that Example 51 of EP '226 is the closest prior art cited in the suit patent and any...person skilled in the art would be motivated to use the same as a starting point. Further EP '226 was the first patent document to disclose the use of Quinazoline derivatives for their anti-cancer...properties. The only difference between a large number of compounds exemplified in EP '226 and those exemplified in the suit patent was a mere substitution of Methyl with Ethynyl on the 3 meta position...
...Patent “Publication No. 0566 226 A1” (herein after EP'226) which was an application of Astrazeneca Limited in the EU for grant of patent in respect of ‘Gefitinib’. Among the other...art with reference to the EP'226 patent.58. On the other hand it is contended by the defendant that Section 3(d) of the Act introduced in 2005 has made...refers to EP ‘226 which was relied upon by the defendant to suggest that the molecule structure of the suit patent was similar to those disclosed in the aforementioned patent. In other words, it was...
...decree in favour of Meenakshi Achi was an act of insolvency. On December 14, 1936, the assignee, Meenakshi Achi, filed EP No. 37 of 1937 for recognition of the assignment in her favour and for execution...respondent, the Official Receiver, Ramanathapuram at Madurai. On August 2, 1940, the assignee-decree-holder filed another execution petition, EP No. 243 of 1940, and it was struck off on September 30...Section 54 of the Act annulling that transfer.3. In the meantime, Meenakshi Achi had made two applications for execution of the decree as the assignee of it and a reference...
...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...
..., JPO and such information regarding almost 17 other countries along with the corresponding patents as granted in US and EP were provided.(C) IN IN203686 (‘686 Patent...such information regarding almost 18 other countries on 24/04/2007, wherein, it was also informed that an application for grant of patent was pending in Japan. Also, copies of granted USA and EP...July 13, 2001, December 7, 2001 and April 8, 2002. Again with respect to its EP patent EP20000931815, the Plaintiff suppressed the objection report dated 31.01.2006 Further, the Plaintiff failed 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...
...to do so as assignee under an oral transfer. His application was rejected on the ground that an assignee could execute a decree only when the assignment was in writing. The appellant subsequently...the provisions of Rule 16 (Order XXI), which give the right to execute to an assignee only when the assignment is in writing. The definition or the word decree-holder is...also against the contention urged by the appellants' Vakil.
3. It is then suggested that the appellant who obtained the decree at the family partition was really an assignee, by...