Madras High Court
Enercon ( India ) Limited vs Aloys Wobben on 11 August, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
(T)OP(PT)/2/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(PT)/2/2023(ORA/4/2009/PT/CH), (T)OP(PT)/3/2023(ORA/5/2009/PT/CH),
(T)OP(PT)/4/2023(ORA/9/2009/PT/CH), (T)OP(PT)/6/2023(ORA/20/2009/PT/CH),
(T)OP(PT)/7/2023(ORA/25/2009/PT/CH), (T)OP(PT)/8/2023(ORA/26/2009/PT/CH),
(T)OP(PT)/9/2023(ORA/27/2009/PT/CH), (T)OP(PT)/13/2023(ORA/38/2009/PT/CH),
(T)OP(PT)/18/2023(ORA/13/2010/PT/CH), (T)OP(PT)/19/2023(ORA/14/2010/PT/CH),
(T)OP(PT)/22/2023(ORA/11/2012/PT/CH), (T)OP(PT)/23/2023(ORA/13/2012/PT/CH),
(T)OP(PT)/24/2023(ORA/14/2012/PT/CH), (T)OP(PT)/26/2023(ORA/19/2012/PT/CH),
(T)OP(PT)/27/2023(ORA/20/2012/PT/CH), (T)OP(PT)/29/2023(ORA/22/2012/PT/CH),
(T)OP(PT)/30/2023(ORA/23/2012/PT/CH), (T)OP(PT)/31/2023(ORA/27/2012/PT/CH),
(T)OP(PT)/32/2023(ORA/28/2012/PT/CH), (T)OP(PT)/33/2023(ORA/38/2012/PT/CH),
(T)OP(PT)/34/2023(ORA/39/2012/PT/CH), (T)OP(PT)/35/2023(ORA/14/2012/PT/CH),
(T)OP(PT)/40/2023(ORA/21/2012/PT/CH) & (T)OP(PT)/64/2023(ORA/11/2009/PT/CH)
Enercon ( India ) Limited
Plot No 33 Daman Patalia Road,
Bhimpore Daman 396210. ... Petitioner in
Vs
1. Aloys Wobben
Argestrasse 19
26607 Aurich
Federal Republic of Germany ... 1st Respondent in all OPs
2.The Controller of Patents
The Patent Office
Intellectual Property Rights Building
GST Road, Guindy, Chennai. ... 2nd Respondent in
(T)OP(PT) Nos.22,23,24,27,29,
1/8
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(T)OP(PT)/2/2023
30,31,,32,33,34,35,40/2023
Prayer in (T)OP(PT)/2/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 202947 in PCT2004 387 CHE granted by the Controller
of Patent Chennai and remove the entry from the Register of Patents
and award costs of this petition.
Prayer in (T)OP(PT)/3/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 200616 1516 MAS 1998 granted by the Controller of
Patent Chennai and remove the entry from the Register of Patents
and award costs of this petition.
Prayer in (T)OP(PT)/4/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 202887 IN PCT 2002 1840 granted by the Controller of
Patent Chennai and remove the entry from the Register of Patents
and award costs of this petition.
Prayer in (T)OP(PT)/6/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 201910 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/7/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
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(T)OP(PT)/2/2023
Indian Patent 197959 IN PCT 2000 01 24 CHE granted by the
Controller of Patent Chennai and remove the entry from the Register
of Patents and award costs of this petition.
Prayer in (T)OP(PT)/8/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 198256 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/9/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 201008 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/13/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 200280 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/18/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 201342 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
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(T)OP(PT)/2/2023
Prayer in (T)OP(PT)/19/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 202968 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/22/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 208627 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/23/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 204262 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/24/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 201550 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/26/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 220247 granted by the Controller of Patent Chennai
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(T)OP(PT)/2/2023
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/27/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 233700 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/29/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 211015 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/30/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 208030 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/31/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 200586 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/32/2023 : This Transfer Original Petition (Patents)
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(T)OP(PT)/2/2023
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 212349 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/33/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 211896 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/34/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 200560 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/35/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 209366 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
Prayer in (T)OP(PT)/40/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 210035 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
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(T)OP(PT)/2/2023
this petition.
Prayer in (T)OP(PT)/64/2023 : This Transfer Original Petition (Patents)
filed under Sections 64 and 117D of the Patents Act to revoke the
Indian Patent 199045 granted by the Controller of Patent Chennai
and remove the entry from the Register of Patents and award costs of
this petition.
For Petitioner : Mr.Adarsh Ramanujan
(in all Ops)
For Respondent 1: Mr.Pravin Anand,
Mr.K.Premchandar,
Mr.Shrawan Chopra,
Mr.Vibhav Mittal & N.C.Vishal
For Respondent 2 : Mr.P.G.Santhosh Kumar, SPC for R2
(in OP No.22 to 24,
27 to 35 & 40/2023)
**********
ORDER
The term of all the patents in respect of which these petitions were filed has expired. Consequently, (T)OP(PT) Nos.2,3,4,5,6,7,8,9,13,14,15,1617,18,19,22,23,24,2627,29,30,31,32,33,34,3 5,40 & 64 of 2023 have been rendered infructuous and are dismissed as infructuous without any order as to costs.
11.08.2023
Index : Yes / No
Internet : Yes / No
7/8
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(T)OP(PT)/2/2023
SENTHILKUMAR RAMAMOORTHY,J
kal
(T)OP(PT)/2/2023(ORA/4/2009/PT/CH), (T)OP(PT)/3/2023(ORA/5/2009/PT/CH), (T)OP(PT)/4/2023(ORA/9/2009/PT/CH), (T)OP(PT)/6/2023(ORA/20/2009/PT/CH), (T)OP(PT)/7/2023(ORA/25/2009/PT/CH), (T)OP(PT)/8/2023(ORA/26/2009/PT/CH), (T)OP(PT)/9/2023(ORA/27/2009/PT/CH), (T)OP(PT)/13/2023(ORA/38/2009/PT/CH), (T)OP(PT)/18/2023(ORA/13/2010/PT/CH), (T)OP(PT)/19/2023(ORA/14/2010/PT/CH), (T)OP(PT)/22/2023(ORA/11/2012/PT/CH), (T)OP(PT)/23/2023(ORA/13/2012/PT/CH), (T)OP(PT)/24/2023(ORA/14/2012/PT/CH), (T)OP(PT)/26/2023(ORA/19/2012/PT/CH), (T)OP(PT)/27/2023(ORA/20/2012/PT/CH), (T)OP(PT)/29/2023(ORA/22/2012/PT/CH), (T)OP(PT)/30/2023(ORA/23/2012/PT/CH), (T)OP(PT)/31/2023(ORA/27/2012/PT/CH), (T)OP(PT)/32/2023(ORA/28/2012/PT/CH), (T)OP(PT)/33/2023(ORA/38/2012/PT/CH), (T)OP(PT)/34/2023(ORA/39/2012/PT/CH), (T)OP(PT)/35/2023(ORA/14/2012/PT/CH), (T)OP(PT)/40/2023(ORA/21/2012/PT/CH) & (T)OP(PT)/64/2023(ORA/11/2009/PT/CH) 11.08.2023 8/8 https://www.mhc.tn.gov.in/judis