D.P.S.PARMAR, J. - (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 This case and several others form a batch of Revocation Petitions filed by the same applicant against the same respondent. In all the matters, the question whether the applicant has locus standi and is a person aggrieved and whether as the respondents licensee would he not be estopped from the challenging the patent were raised. In addition, in all the matters amendment were filed to the claims belated and this was challenged by the applicant. In ORA/6/2009/PT/CH which was the first application of this batch in which orders were pronounced we have dealt in detail regarding these issues and the same would apply to this case also. Therefore we hold for the reasons stated in ORA/6/2009/PT/CH that the applicant has the locus standi to file the revocation application and the applicant cannot be estopped based on the Doctrine of a Licensee Estoppel from challenging the patent. Invention;