Madras High Court
WP/9729/2011 of DR. ALOYS WOBBEN Vs INTELLECTURAL PROPERTY on 29 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR JUSTICE P. VELMURUGAN
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
WP No. 9729 of 2011
CNR:{HCMA010359342011}
AND
WP NO. 9730 OF 2011,WP NO. 9731 OF 2011,WP NO. 9732 OF 2011,WP
NO. 9733 OF 2011,WP NO. 9734 OF 2011,WP NO. 9735 OF 2011,WP NO.
9736 OF 2011,WP NO. 9737 OF 2011,WP NO. 31136 OF 2013,WP NO.
31138 OF 2013,WP NO. 31139 OF 2013
Represented Through Its Constituted Attorney Ms. Vasundhara Raman
..Petitioner(s)
Vs
Citations and Judicial Treatment
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This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Intellectual Property Appellate Board, 2nd Floor, Guna Complex, Annex-1, Anna Salai, Teynampet, Chennai 18
2. Enercon (India) Limited Plot No.33, Daman Patiala Road, Bhimpore, Daman 396210
3. Controller Of Patents Designs And Trade Marks, The Patent Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32
WP No. 9730 of 2011 CNR:{HCMA010359452011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai 18
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32 ..Respondent(s) WP No. 9731 of 2011 CNR:{HCMA010359542011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai 18
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32
WP No. 9732 of 2011 CNR:{HCMA010359642011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai 18
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32 ..Respondent(s) WP No. 9733 of 2011 CNR:{HCMA010359762011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai 18
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32 ..Respondent(s) WP No. 9734 of 2011 CNR:{HCMA010359862011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai 18
2. Enercon (india) Limited
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32 ..Respondent(s) WP No. 9735 of 2011 CNR:{HCMA010359962011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai 18
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32 ..Respondent(s) WP No. 9736 of 2011 CNR:{HCMA010360082011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai
18. Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32 ..Respondent(s) WP No. 9737 of 2011 CNR:{HCMA010360212011}
Vs
Annex-1, Anna Salai, Teynampet, Chennai 18
Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 32 ..Respondent(s) WP No. 31136 of 2013 CNR:{HCMA010417062013} Wobben Properties GmbH Dreekamp 5, 26605 Aurich, Germany, Rep. By Its Constituted Attorney Ms.Rakhee Sharma ..Petitioner(s) Vs
Annex 1, Anna Salai, Teynampet, Chennai-18
2. Wind World (India) Ltd., (formerly Known As Enercon (India) Ltd., )
3. Controller Of Patents, Designs And Trade Marks, Patent Office, Ipr Building, GST Road, Guindy, Chennai-32
WP No. 31138 of 2013 CNR:{HCMA010417152013} Wobben Properties GmbH Dreekamp 5, 26605 Aurich, Germany, Rep. By Its Constituted Attorney Ms.Rakhee Sharma ..Petitioner(s) Vs
Annex 1, Anna Salai, Teynampet, Chennai-18
2. Wind World (India) Ltd., (formerly Known As Enercon (India) Ltd., )
3. Controller Of Patents, Designs And Trade Marks, Patent Office, IPR Building, Gst Road, Guindy, Chennai-32 ..Respondent(s) WP No. 31139 of 2013 CNR:{HCMA010417222013} Wobben Properties GmbH Dreekamp 5, 26605 Aurich, Germany, Rep. By Its Constituted Attorney Ms.Rakhee Sharma ..Petitioner(s) Vs
Annex 1, Anna Salai, Teynampet, Chennai-18
2. Wind World (India) Ltd., (formerly Known As Enercon (India) Ltd., )
3. Controller Of Patents, Designs And Trade Marks, Patent Office, IPR
Building, GST Road, Guindy, Chennai-32
to call for the records of the order dated 2nd December, 2010 passed by the 1st
WP No. 9730 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 2nd December, 2010 passed by the 1st
WP No. 9731 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 18th November, 2010 passed by the 1st
WP No. 9732 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 2nd December, 2010 passed by the 1st
WP No. 9733 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 2nd December, 2010 passed by the 1st
WP No. 9734 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 2nd December, 2010 passed by the 1st
WP No. 9735 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 18th November, 2010 passed by the 1st
WP No. 9736 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 2nd December, 2010 passed by the 1st
WP No. 9737 of 2011 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 2nd December, 2010 passed by the 1st
WP No. 31136 of 2013 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 22nd March, 2013 passed by the respondent No.1 in its proceeding ORA No.03/2009/PT/CH and quash the same and consequently direct the respondent No.3 to restore/reinstate the petitioners patent No. IN 196341 on the Register of Patents in the event that the same is removed subsequent to the filing of the present writ petition WP No. 31138 of 2013
to call for the records of the order dated 12th June, 2013 passed by the respondent No.1 in its proceeding ORA No.08/2009/PT/CH and quash the same and consequently direct the respondent No.3 to restore/reinstate the petitioners Patent No. IN 203552 on the Register of Patents in the event that the same is removed subsequent to the filing of the present writ petition WP No. 31139 of 2013 Writ Petition is filed under Article 226 of the Constitution of India to call for the records of the order dated 19th July, 2013 passed by the respondent No.1 in its proceeding ORA No.41/2009/PT/CH and quash the same and consequently direct the respondent No.3 to restore/reinstate the petitioners Patent No. IN 201538 on the Register of Patents in the event that the same is removed subsequent to the filing of the present writ petition
In all petitions: For Petitioner(s): Mr.P.S.Raman, Senior Counsel for MR.PRAVIN ANAND For Respondent(s): Mr.Kiran Manokaran-R2(in all the cases) and Mr.B.RABUMANOHAR SCGSC FOR R1(in all the cases)
COMMON ORDER
(Made by P.Velmurugan J.) These writ petitions have been filed challenging the order passed by the first respondent viz., Intellectual Property Appellate Board, against the petitioner’s patents.
2. This Court, vide order dated 20.09.2013 made in W.P.Nos.17539 of 2011 and batch, has set aside the orders of revocation of patent issued by the first respondent and directed the first respondent to decide on the validity of the Board Resolution of the second respondent. The second respondent viz., Wind World (India) Ltd., had filed appeals before the Hon’ble Supreme Court and vide order dated 31.10.2013, the Hon’ble Supreme Court had granted an order of stay and admitted the case. As of now, the matter is pending before the Hon’ble Supreme Court in Civil Appeal Nos.3766 and 3777 of 2016.
3. Now, the learned Senior Counsel for the petitioners has produced a memo dated 29.09.2026, stating that the patents of petitioner in respect of these writ petitions have all expired and hence, nothing survives for further adjudication in these writ petitions.
4. Considering the submissions made by the learned Senior Counsel for the petitioners and the memo filed, this Court is of the view that, as the patents of the petitioners in respect of the subject matter of these writ petitions have expired, no further orders are necessary in these writ petitions.
5. Since the matter is pending before the Hon’ble Supreme Court in Civil Appeal Nos.3766 and 3777 of 2016, it is left open to the parties to agitate their respective rights with respect to the orders passed by the first respondent before the Hon’ble Supreme Court in the said Civil Appeals.
6. In view of the above, these Writ Petitions are dismissed as infructuous. No costs. (P.V.,J.) (G.K.M.,J.) 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No BKN
P.VELMURUGAN J. AND GK.MUTHUKUMAAR J. BKN WP No. 9729 of 2011 AND WP NO. 9730 OF 2011,WP NO. 9731 OF 2011,WP NO. 9732 OF 2011,WP NO. 9733 OF 2011,WP NO. 9734 OF 2011,WP NO. 9735 OF 2011,WP NO. 9736 OF 2011,WP NO. 9737 OF 2011,WP NO. 31136 OF 2013,WP NO. 31138 OF 2013,WP NO. 31139 OF 2013 29-09-2026