ENERCON (INDIA) LIMITED Vs. ALOYS WOBBEN

JUDGEMENT

(1.) THIS is an application for revocation of the patent No. 202935 (Invention in short) granted to Alloys Wobben for the invention "Wind power installation with ring generator".

(2.) FROM the records in Intellectual Property Appellate Board (IPAB), it was observed that this matter was heard by the earlier Board on 20th October, 2010 and orders were reserved. Since the Hon'ble Technical Member Shri Chandrasekaran retired on 2nd December, 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 28.12.2012, 4.01.2013, 28.01.2013 and 19.02.2013.

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