Ravi Kamal Bali vs. Kala Tech and Ors.
Patent litigation is the product of constructing and interpreting claims which decide the boundaries of any invention. The construction of claims is the centre of infringement proceedings. For determining claims of infringement, the courts approach is of literal interpretation. This approach led to circumvention of the interpreters by making small and superficial changes in the inventions. The inclination to literalism has made the courts move towards more meaningful approach of interpretation of claims for more effective protection of patent rights. The U.K. judiciary moved towards purposive reading of the claims from its common law heritage. Whereas the United States judiciary developed a doctrine
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172675.
Later on further research, the plaintiff improved his invention and therefore applied for a patent for invention titled “An improved tamper proof seal for directly locking the container having a lock ring”. The patent of addition was issued on 12.3.1988 under Patent No. 178879. The products of the plaintiff were sold under the trademark “TECH LOCK”. The plaintiff alleged that he came under across a similar product bearing the name “SEAL TECH” which had similar constructional and functional features to that of the plaintiff’s products. On investigation the plaintiff found that the similar product was being manufactured and sold by Defendant No. 1 with assistance of Defendant No.3 , who had worked earlier with the plaintiff from 1992 till 2002.
Issue:
The main issue in this case is whether the defendants from making of, using, selling or distributing tamper proof locks/ seals that fell within the scope of plaintiff’s invention?
Rule:
The main rules have been used in this case are as follows:
Section 2(1) (j), (ja), (m), (o), (q) of the Patents Act,1970.
Section 54, 55 and 56 of the Patents Act,1970.
Contentions:
The contention of the plaintiff with regard to the infringement issue was the insistence to apply the Doctrine of Equivalents by which a device is set to infringe a claim if it “performs substantially the same function in the way to obtain the same result”. He submitted that it
This paper will address the Roper v. Simmons 543 U.S551 (2005); it will specifically address the arrest, trial and the legal issues that arose. It will explain and identify the holdings of the lower courts and it will explain and identify the decision of the U.S Supreme Court.
(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
Jan Hughes, Plaintiff-Appellant v, Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011)
Citation: New Jersey v. T. L. O. 469 U.S. 325 105 S. Ct. 733; 83 L. Ed. 2d 720; 1985 U. S. LEXIS 41; 53 U.S.L.W. 4083.
Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)
Her attorney argued that she should never have been brought to trial because the material evidence resulted from an illegal, warrant less search. Because the search was unlawful, he maintained that the evidence was illegally obtained and must also be excluded. In its ruling, the Supreme Court of Ohio recognized that ?a reasonable argument? could be made that the conviction should be reversed ?because the ?methods? employed to obtain the evidence?were such as to offend a sense of justice.? But the court also stated that the materials were admissible evidence. The Court explained its ruling by differentiating between evidence that was peacefully seized from an inanimate object, such as a trunk, rather than forcibly seized from an individual. Based on this decision, Mapp's appeal was denied and her conviction was upheld.
Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:
M international (M) and W Inc (W) decided to enter a long term litigation, due to a patent rights violation. M being the demandant and W the respondent. Not enough information was provided in relation to the charges or the patent.
Facts: The plaintiff Taser International, Inc is a company that produced electronic devices such as stun guns, and even accessories that are needed with control devices. In addition, the company also manufactured TASER CAM which is an audio and video recording device that is mostly sold for military, security and public purposes. The defendant Steve Ward was a vice president of marketing in the Taser International Inc., who worked full time from January 1, 2004 to July 24, 2007 until the day he resigned. However, even though he was a full time employee, he was not part of any employment contract. The defendant Ward was aware of many confidential information and even trade secrets since he was the vice president of the company which is a very important aspect of the company. In 2006 Ward thought of getting legal advice on whether he could create an eyeglass-mounted camera by searching to see if this type of idea was patented already or not. The patent counsel found an eyeglass-mounted camera already to be patented and then the defendant Ward, thought about modifying his camera to a clip-on camera. On August 23, 2007 Ward formed his company known as Vievu LLC in order to get his product of a clip-on camera on to the market. But before his resignation he investigated more about developing a business plan, and about camera devices. As a result, Taser Company sued Ward for violating
The Defendant worked in the research and development department at Greene’s Jewelry as a junior executive secretary for 3 years. The Defendant recently found out she was pregnant and was released from the company by Lisa Peele, head of Human Resources per Greene’s Jewelry was downsizing and The Defendants position was no longer needed. Upon leaving Greene’s Jewelry the Defendant took documents disclosing patent information that outlined the secret process of manufacturing Ever-Gold. Ever-Gold is a synthetic gold-colored material that’s impervious to scratches, discoloration, oxidization, and is marked as “everlasting gold” (2016), which is used on Greene’s Jewelry necklaces, rings, earrings, and bracelets. This is Greene’s Jewelry most asset. Upon accepting employment with Greene’s Jewelry, The Defendant signed a nondisclosure agreement that legally binds those who agree to keep specified information a secret or secured. The Defendant never signed a covenant agreement with Greene’s Jewelry. The Defendant becomes employed with one of Greene’s Jewelry competitors Howell Jewelry World. Howell Jewelry World knows The
The purpose of this memorandum is to outline the important aspects of the case, Goss v. Lopez, and write a case brief using the FIRAC method.
Statutory interpretation is process of interpreting statutes by the judges. The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. On top of that, each word could give us different meaning. For example, we can find in the Oxford Dictionary where a word would contain at least one meaning. Hence, without the statutory interpretation, a lot of judges would have trouble in deciding their judgments in deciding a case. This essay will analyse the four rules, intrinsic aids and extrinsic aids and presumptions in the interpretation
The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.
Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)