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2025 Supreme(Online)(Bom) 2530
BOMBAY HIGH COURT
R.I. CHAGLA, J
Amit Arun Gokhale & Anr. – Appellant
Versus
Schwing Stetter (India) Private Limited – Respondent
COMIP 1361 / 2019
For the Appellants/Petitioners:
For the Respondents:
The court ruled on correcting the record of documents relating to a patent application while affirming the continuance of prior orders.
Headnote:This case involves a review of prior orders regarding the marking of documents related to a patent application. The court substitutes a chart of documents initially provided on 18th December, 2024, ensuring the accurate reflection of patent filings and correspondence pertinent to the case. The court reaffirms that aside from updates, existing orders remain unchanged.
| Table of Content |
|---|
| 1. substitution of document chart regarding patent. (Para 1) |
| 2. the existing orders are reaffirmed. (Para 2) |
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IPR SUIT NO. 1361 OF 2019 WITH COUNTER CLAIM NO.2 OF 2023 IN COMMERCIAL IPR SUIT NO. 1361 OF 2019 Amit Arun Gokhale & Anr. …Plaintiffs Versus Schwing Stetter (India) Private Limited …Defendant ----------
CORAM : R.I. CHAGLA, J.
DATED : 18th JANUARY, 2025.
ORDER :
1. By way of suo motu speaking to the minutes of Order dated 18th December, 2024 of marking of documents, following chart shall substitute the earlier chart at Paragraph 13 of the said order.
Sr. No as per List of Documents
Description
Exh. No.
1
Form 1 dated 14-07-2009 for Patent Application No. 1683/MUM/2009 as originally filed
P3
Sr. No as per List of Documents
Description
Exh. No.
2
Drawings of Patent Application No. 1683/MUM/2009 as originally filed
P4
3
Complete Specifications of Patent Application No. 1683/MUM/2009 as originally filed
P5
4
Examination Request Form for Patent Application No. 1683/MUM/2009
P6
5
Patent Family mapping of the Plaintiffs' WIPO Application
P7
6
Details of WIPO Patent Application No. WO/2011/007364
P8
7
Details of Australian Patent Application No. AU2010100118
P9
8
Details of German Patent Application No. DE202010002998
P10
11
Publication of Patent Application No. 1638/MUM/2009 on 04-09-2009
P11
12
Emails dated 01-05-2014 and 30-05-2014 by the Plaintiffs to Shri Vikas Sharma
P12
13
Letter dated 07-06-2014 by the Plaintiffs to the Hon'ble PM
P13
Sr. No as per List of Documents
Description
Exh. No.
14
Copy of RTI Application dated 15-07-2014 filed by Plaintiffs for delay in Examination of their Patent Application
P14
15
Email dated 26-11-2014 from Shri Ajay Bhadana with Letter dated 20-11-2014 sent by Shri Sanjay Kumar Lal, Under Secretary, Ministry of Commerce & Industry to Controller General of Patents, and to the Plaintiffs
P15
16
Letter dated 30-11-2014 sent by Plaintiffs to Shri Chaitanya Prasad, Controller General of Patents, and to Shri Sanjay Kumar Lal
P16
17
Letter dated 06-01-15 from Shri Sanjay Kumar Lal to the Plaintiffs
P17
18
Copy of Letter dated 16-01-15 by Plaintiffs to Shri Sanjay Kumar Lal
P18
19
Second letter dated 29-04-2017 by Plaintiffs to the Hon'ble PM
P19
20
Email correspondence dated 27-08-2014 of the Plaintiffs with the Ministry of Commerce & Industry
P20
Sr. No as per List of Documents
Description
Exh. No.
21
Final Grant Order dated 05-09-2017 by the Controller of Patents
P21
22
Letter of Intimation dated 05-09-2017 of grant of the Said Patent
P22
23
Patent Certificate for the Said Patent
P23
24
Final Specifications of the Said Patent as filed on 18-07-2017
P24
25
Final Drawings of the Said Patent as filed on 18- 07-2017
P25
26
Final Abstract of the Said Patent as filed on 18- 07-2017
P26
27
Marked-up copy of the Said Patent as filed on 18- 07-2017
P27
28
Comparative Statement comparing the Said Patent with Prior Art as filed on 18-07-2017
P28
29
Email dated 19-07-2017 by Plaintiffs to the Examiner with Marked-up Copy of the Said Patent
P29
Sr. No as per List of Documents
Description
Exh. No.
30
Other email correspondence of the Plaintiffs with the Patent Office, related to Patent Application No. 1683/MUM/2009
P30
31
Form 27 for the Said Patent from FY 2020-21 to FY 2022-23
P31
32
Current Legal Status of the Said Patent
P32
33
List of all the Documents filed in respect of the Patent Application No. 1683/MUM/2009
P33
34
Other documents related to Patent Application No. 1683/MUM/2009, as available on the website of the Indian Patent Office
P34
35
Product Catalogues of the Plaintiffs’ Invention having a batch type Auger-mixer and Single Shaft Batch-mixer
P35
36
Details of YouTube Channel ‘IPR Protected Inventions’, which is owned
