ENERCON (INDIA) LIMITED Vs. ALOYS WOBBEN

JUDGEMENT

(1.) THIS application along with others between the same parties was heard by another Bench of the IPAB. Orders were reserved. The then Technical member retired before the orders were pronounced. So the cases were listed to be heard again. This application is for revocation of the patent No.198648 (Invention in short).

(2.) MR . R. Parthasarathy appeared for the applicant and Mr. Praveen Anand represented the respondent. Both the learned counsel, besides arguing the matter at length, have also filed their written submissions on the preliminary issue as well as on merits. Preliminary objections by respondent Locus -standi

(3.) A Preliminary objection has been taken by the respondent herein questioning the locus -standi of the applicant to move the revocation application as a "person interested" under S.64 of the Patents Act, 1970.(Act in short) .This question has already been decided against the respondent by this Board in the cases between the same parties in ORA/43/2009/PT/CH and others by order dated 16.11.2010. We will call it the First Batch. This revocation application forms part of the Second Batch which had to be heard again. The Board which heard the First Batch was pleased to hold that the applicant has "a known and general interest" together with "commercial interest" by the grant of the patent in question and therefore, they are definitely "persons interested". All the revocation applications in the First Batch were allowed and the patents were revoked. The respondent has challenged these orders in the Hon'ble Madras High Court and the writ petitions are pending.