Salil K. Roy Chowdhury, J. - (1.) This is an application for revocation of a patent under Sec. 64(1) of the Patent Act, 1970. The respondents are : (1) James Mackie Holdings Ltd., (2) Sugan Engineering (P) Ltd. and (3) Controller of Patents.
(2.) It appears that two of the patents have already expired and the third one will shortly expire. The respondents who appeared through Mr. Khanna, Advocate on Record, initially asked for some time for considering the question whether they are going to defend the proceedings. In view of the fact that two of the patents have already expired and the third one is going to expire very soon and as the matter was fixed long time ago specially and as the plaintiff's council Mr. S. B. Shah has come from Bombay to appear in this matter, it was not possible for me to adjourn the matter and I refused any adjournment. Mr. Khanna thereafter asked for leave to retire from the proceedings which was granted. Mr. P. K. Dutt, Advocate on Record, who also appeared for respondent No. 2 also asked for leave to retire from the proceedings. On the next occasion Mr. Rajan Dutt appeared and submitted that no costs should be allowed against respondent No. 2 in case the Court revoked the patent in these proceedings. Mr. Shah was fair enough to submit that he will not ask for costs against the respondents who were not appearing in these proceedings. The Controller of Patents has also not appeared but represented through a letter to this Court that he is not interested in the matter and the whatever order the Court will pass in these proceedings he will abide by the same.
(3.) The present application relates to three patents being patents Nos. 87007, 87008 and 87009 in respect of improvements relating to flyers for spinning and twisting machines. The patentees are respondent No. 1 James Mackie Holdings Ltd. and respondent No. 2 Sugan Engineering (P) Ltd.;