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IP Case Law › Patents › Dr. Aloys Wobben & Anr. v. Yogesh Mehra & Ors.

Patents Ragulika IP case note

Dr. Aloys Wobben & Anr. v. Yogesh Mehra & Ors.

CourtSupreme Court of India
BenchHon'ble Justice Jagdish Singh Khehar and Hon'ble Justice A.K. Patnaik
Case numberCivil Appeal No. 6718 of 2013
Citation(2014) 15 SCC 360
Judgment date2 June 2014
IP categoryPatents
PartiesDr. Aloys Wobben & Anr. (Appellants) v. Yogesh Mehra & Ors. (Respondents)

Relevant Acts and provisions

Code of Civil Procedure, 1908

Section 10

Patents Act, 1970

Section 104Section 64

Provisions considered: Sections 64 and 104 of the Patents Act, 1970, read with Section 10 of the Code of Civil Procedure, 1908.

Brief facts

Dr. Aloys Wobben, holder of numerous wind-turbine patents, licensed his technology to Enercon India Limited. After the licence was terminated, Enercon India filed a number of revocation petitions before the Intellectual Property Appellate Board against Wobben's patents.

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Keywords

Counter-claim Election of Remedies Patent Litigation Patent Revocation Section 64

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