ENERCON (INDIA) LIMITED Vs. ALLOYS WOBBEN

JUDGEMENT

(1.) THIS application u/s 64 read with section 117D of the Patents Act, 1970 is filed for revocation of patent No.200249 (herein referred to as 249) granted to Aloys Wobben for invention "A wind power installation and process for the operation of the same". This application for revocation was filed by Enercon India Limited.

(2.) FROM the records in Intellectual Property Appellate Board (IPAB), it was observed that this matter was heard by the earlier Board on 1.11.2010 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 16.04.201 to 17.04.2013. MP/22/2013 for stay was dismissed as not pressed.

(3.) MR . R. Parthasarathy Senior Advocate appeared for the applicant and Mr. Praveen Anand senior Advocate 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.