Enercon India had challenged 23 patents belonging to Dr. Alloy Wobbens in the year 2009 by filing revocation petitions before the Intellectual Property Appellate Board (IPAB). After hearing both parties through October and November, 2010, a bench of the IPAB, consisting of Mr. S. Chandrasekharan sitting as Technical Member and Ms. S. Usha sitting as Judicial Member revoked 12 of the patents. The remaining petitions will be heard after a new technical member has been appointed by the Central Government since Chandrasekharan has now retired from the IPAB.
Over the last few months we have carried a few posts on a massive patent battle between Enercon India and its JV partner Enercon GmBH, one of the largest players in the wind-turbine market. The genesis of the dispute has been discussed by us over here. All the Enercon GmBh patents are held in the name of Dr. Alloy Wobbens the founder and CEO of Enercon GmBH.
Image from here.
While Enercon India was represented by leading patent law firm Lakshmi Kumaran and Sreedharan, the patentees were represented by Remfry & Sagar, DePenning and DePenning and D.P. Ahuja. Apart from the litigation before the IPAB there is also pending patent litigation before the Delhi High Court, where Dr. Alloy Wobbens is being represented by another leading patent law firm – Anand and Anand. The status of the litigation before the Delhi High Court is not yet clear. As we had blogged earlier the same patents were under litigation before both the Delhi High Court and the IPAB. It is yet to be ascertained whether any of the patents before the Delhi High Court were struck down by the IPAB.
Either way this is a stunning victory for Lakshmi Kumaran and Sreedharan and will go a long way in cementing their reputation as one of the leading patent law firms in India.
The IPAB website is unfortunately not hosting any of these Orders.