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In a latest development in the long-pending dispute between Aloys Wobben, founder of Germany-based wind turbine major Enercon GmbH, and the company's Indian partner family, the Madras High Court has set aside the orders of the Intellectual Property Appellate Board (IPAB), which revoked the patents in the name of Wobben, in India.
The court has directed the IPAB to look at the maintainability of the petition filed by the Indian partner and submit its decision within two months.
The IPAB has to satisfy itself on the maintainability of the application for revocation of patents, filed by the Indian partner in the name of the Indian joint venture, Enercon (India) Ltd, against Wobben, who is also the chairman of the Indian partnership firm.
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Justice M Jaichandren and Justice M M Sundresh said: “Accordingly, after analysing the materials before us, we hold the first respondent i.e, IPAB, to have the power and jurisdiction to go into the validity of the resolution dated April 26, 2007, to satisfy itself about the maintainability of the application.”
“Therefore, we are of the view that the orders passed are liable to be set aside and accordingly, they are set aside with a direction to the first respondent (IPAB) to go into the issue of the validity of the resolution passed on April 26, 2007.
We adopt this method as we find the first respondent had failed to exercise its jurisdiction,” added the division bench.
The court observed that a resolution was passed on April 26, 2007, at the instance of Yogesh Mehra, who heads the Mehra family that has tied up with the German firm for the Indian JV. It authorised him to take decisions on certain matters without the prior approval of the board of directors.
However, the German partner raised objection against the resolution and argued the petition filed by Mehra with the IPAB seeking revocation of the former's patents was not maintainable.
The IPAB held it has no power or authority to go into the validity of the resolution and rejected the patent owners' objections on maintainability. Further, it proceeded on merit and cancelled the patents against Wobben.
The court observed, it would be improper to remit the entire matter to the board as it has already done the exercise on merit. It has kept the writ petitions pending by directing the IPAB to decide the validity of the said resolution alone within a period of two months, from the date of the receipt of the order.
The decision should be communicated to the high court by the IPAB or the parties, and the matter should be posted for hearing before the division bench after this, it added.
Enercon (India) Ltd is a joint venture between two groups - the Mehra family and Enercon GmbH -- in which the German firm has a 56 per cent share. The JV is also a licencee of Aloys Wobben.
It may be noted the IPAB has revoked several patents held by Aloys Wobben in India, in various petitions filed by Enercon (India) Ltd, in the past.
