- (1.) THE applicant seeks revocation of the Patent No: 201538 (herein referred to as 538) granted to Dr. Aloys Wobben for invention "A method for operating a wind turbine with an electrical generator and a wind turbine with an electrical generator". This patent application was filed on 22.10.2003 with a priority date 24.04.2001and patent grant was published on 23.02.2003.
(2.) THE patent relates to a wind power installation in which the phase angle of the power is varied if the voltage is outside a particular range of values. The application for revocation was filed by Enercon India Limited.
(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. From the records in Intellectual Property Appellate Board (IPAB), it was observed that this matter was heard by the earlier Board on 22.10.2010 and orders were reserved. At that time respondent sought amendment of claim 1 and 8 of the granted patent in view of the decision of the High Court of Justice Chancery Division Patent Court in matter Alloy Wobben Vs Vestas Wind Technology limited [2007] EWHC2636((Pat). 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 18.04.2013 and 13.05.2013.;