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2010 Supreme(Mad) 3817

M.Y.EQBAL, T.S.SIVAGNANAM
Aloys Wobben – Appellant
Versus
Enercon (India) Limited – Respondent


Advocates Appeared:
For the Petitioner:P.S. Raman Senior counsel for Sathish Parasaran, Advocates.
For the Respondent:V.T. Gopalan Senior counsel & T.V. Ramanujam Senior counsel for Thriyambakkannan & R1 – Lakshmikumaran, Advocates.

Judgment :-

T.S. SIVAGNANAM, J.

1. The prayer in the writ petition is for issuance of writ of Certiorari to quash the orders passed by the Intellectual Property Appellate Board, (hereinafter referred to "as the Tribunal") the second respondent herein, in various miscellaneous petitions filed by the petitioner in the Original Revocation Applications pending before the Tribunal.

2. The matter arises under the Patents Act. The facts which are necessary for the disposal of the writ petition could be briefly set out as hereunder:-

The first respondent herein (hereinafter referred to "as the Company") had filed 18 Original Revocation Applications before the Tribunal for revocation of the patent granted in favour of the writ petitioner under Section 64 of the Patents Act. In the said original revocation application, the writ petitioner filed the miscellaneous petitions for dismissal of the original petitions. The case of the writ petitioner was that he is the owner of the various Patents, pursuant to the grant of Patent by the Patent office during 2006 and the first respondent company filed original applications for revocation of the Patents and these applications were pending before the















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