ENERCON (INDIA) LIMITED Vs. ALOYS WOBBEN

JUDGEMENT

(1.) THIS application u/s. 64 read with section 117D of the Patents Act, 1970 is filed for revocation of patent No. 200608 (herein referred to as 608) granted to Aloys Wobben for invention "A Wind Power Installation". This application for revocation was filed by Enercon India Limited. From the records in Intellectual Property Appellate Board (IPAB), it was observed that this matter was heard by the earlier Board on 19.10.2010 and orders were reserved. Since the Hon'ble Technical Member Shri Chandrasekaran retired on 02.12.2010, decision was not issued. So this case was listed to be heard again. In the meantime, the matter was transferred to the new counsel for the respondents. On completion of all the formalities, the matter was heard on 07.06.2012 and 08.06.2012.

(2.) MR . R. Parthasarathy, learned counsel appeared for the applicant and Mr. Praveen Anand learned counsel represented the respondent. Both the counsel, besides arguing the matter at length, have also filed their written submissions on the preliminary issue as well as on merits.

(3.) THE issue of licensee estoppel was also raised in ORA/6/2009/PT/CH. We are not dealing with this issue here as we have already dealt with it in ORA/6/2009/PT/CH and we adopt the same in this case. (para 16)