COMANDCLEM NIGERIA LIMITED: SHOW SAMPLES OF YOUR PATENTED INVENTION IN COURT, MPNU LEGAL COUNSEL REQUESTED CCNL

SHOW SAMPLES OF YOUR PATENTED INVENTION IN COURT, MPNU LEGAL COUNSEL REQUESTED CCNL


The leading legal counsel of Mobil Producing Nigeria Unlimited in the suit number SC./69/2012,- EYIMOFE ATAKE (SAN) has openly requested Professor CJA UWEMEDIMOH to produce samples of the patented invention called ANTI-CORROSIVE SPECIAL PAINT FOR QIT allegedly invented by Comandclem Nigeria Limited in 1980 before the Supreme Court of Nigeria to enable the court to know at a glance whether MPNU is still using the alleged invented chemical or not.
“In a conspicuous situation whereby the so called inventor failed woefully to produce samples of the patented invention in the court for the honorable justices to know whether or not the allegedly patented products actually exist; the court is misled to believe that the invention in question actually exist not to talk of being infringed” said EYIMOFE ATAKE (SAN).
The above statements were made in the Respondent`s Reply Brief filed by the senior leading legal counsel of Mobil Producing Nigeria Unlimited - EYIMOFE ATAKE (SAN) in the Supreme Court of Nigeria in the recent time.
Paragraph 5.12 of Respondent`s Reply Brief
the plaintiffs/appellants (CCNL) failed to produce the alleged product of invention supposedly infringed by the defendant/respondents(MPNU), before the court. thus, it was difficult for the court to know the product at a glance and whether or not the defendant/respondents (MPNU) are still using them as alleged by the plaintiffs/appellants.
As a result of the above technical issues raised by the legal counsel of Mobil Producing Nigeria Unlimited to cause confusions in the case, the correspondent of THE PATENTEES` ONLINE NEWS PAPER visited The Leading Legal Counsel of Comandclem Nigeria Limited - Rev Jesse-Daniels Onuigbo Esq on the subject matter for the sole purpose of legal clarification of the facts in issues.

Below is the content of the interview our correspondent had with The Leading Legal Counsel of Comandclem Nigeria Limited - Rev Jesse-Daniels Onuigbo Esq on the subject matter. Happy reading.



THE PATENTEES` ONLINE NEWS PAPER CORRESPONDENT
In recent time, the senior leading legal counsel of Mobil Producing Nigeria Unlimited - EYIMOFE ATAKE (SAN) advocated that your client- Comandclem Nigeria Limited should produce samples of the alleged infringed patented invention (anti-corrosive special paint for qit) in court so as to enable the court to determine whether or not Mobil Oil is still using the so called chemical. Please Barrister, what are your opinions on the subject matter?

REV JESSE-DANIELS ONUIGBO ESQ
Usefulman, when I glanced through the Respondent`s Reply Brief on the above subject matter, I was just laughing. This is because the request of the legal counsel of Mobil Oil is awkward in nature. Let me analyses certain issues for you in Nigerian Legal Systems most especially issues before the court for determination.
Mobil Producing Nigeria Unlimited cannot tell a rational follower of this case or any court observer, even the Supreme Court Justices that they don’t know the powerful invention of my client called anti-corrosive special paint for qit. This is because they commissioned my client to invent the chemical, according to their statements. The powerful chemical you commissioned my client to invent in “the course of executing a contract for the performance of specific work” should not be strange to Mobile Oil. They knew the paint very well. This is because they have paid for the product but failed to pay for the invention, according to them. What you paid for in the execution of a contract for the performance of a specific work should not be an issue before the court. Let me quote some of their statements for you.
(1) LETTER TO PRESIDENT OBASANJO DURING NEGOTIATION
“Apart from a 1980 transaction in which C. J. A. Uwemedimo`s company, Comandclem Nigeria Limited, supplied Mobil Producing Nigeria Unlimited (MPN) with a small quantity of commercially available paint, for which he was paid by MPN. There has been no transaction between MPN and Mr. Uwemedimo and his company”
From the above statement of Mobil oil, the following facts have come to stand.
(1) Comandclem Nigeria Limited supplied Mobil Oil anti-corrosive special paint.
(2) Mobil Producing Nigeria Unlimited confessed that they paid for anti-corrosive special paint but failed to pay for the invention.
The following are the questions
(1) Can Mobil Oil tell us that they don’t know and use anti-corrosive special paint supplied to them by Comandclem Nigeria Limited? THE ANSWER IS NO.
(2) Can Mobil Oil tell us that they don’t know and use anti-corrosive special paint which they paid for? THE ANSWER IS NO.
The argument of my client- Comandclem Nigeria Limited, is that Mobil Producing Nigeria Unlimited took samples of anti-corrosive special paint to their affiliate subsidiary company in Holland (overseas) and the said company have since then been mass producing same in large volume, not only to Mobil Oil use, but for the world market without the due consent and authority of my client. The senior leading counsel of Mobil Producing Nigeria Unlimited never denied this in courts at no point in time.
(2) ARGUMENTS OF MOBIL OIL AT VARIOUS COURTS
The usefulman, let me show you a copy of CROSS APPELLANTS` BRIEF OF ARGUMENT filed by Mobil Producing Nigeria Unlimited dated 20th of March, 2012.
Check paragraph 6.1 of CROSS APPELLANTS` BRIEF OF ARGUMENT
respectfully, this honorable court is urged to allow the cross appeal by setting aside the decision of the court of appeal that the 2nd plaintiffs/appellant/cross respondents (comandclem nigeria limited) are the registered patentee in the invention called anti-corrosive special paint for qit ( transteel blue, white enamel q.a.d) with effect from 5/8/99 and that the patent in the invention does not reside with the 2nd plaintiff/appellants and / or any of the plaintiffs/appellants. but rather that the right to the patent resides in the defendants/respondents/cross appellants (mobil producing nigeria unlimited) by virtue of section 2 (4) of the patent & designs act.

INTERPRETATIONS
(1) Mobil Oil prayed the Honourable Justices of the Supreme Court to set aside the judgment of the court of appeal which returned the ownership of the invention to my client. by setting aside the decision of the court of appeal that the 2nd plaintiffs/appellant/cross respondents (comandclem nigeria limited) are the registered patentee in the invention called anti-corrosive special paint for qit ( transteel blue, white enamel q.a.d) with effect from 5/8/99.
(2) Mobil Oil prayed the Honourable Justices of the Supreme Court to give the ownership of the patented invention of my client, Comandclem Nigeria Limited, to them. They claimed the ownership of the patented invention of the KING. but rather that the right to the patent resides in the defendants/respondents/cross appellants (mobil producing nigeria unlimited) by virtue of section 2 (4) of the patent & designs act.
The point I want to deduce here is that, if Mobil Oil actually claims the ownership of the invention of the KING, definitely the production of the sample of the paint is not relevant because they have millions of barrels of the patented invention of my client already from their affiliate subsidiary company in Holland (overseas). The production of the sample of anti-corrosive special paint is not an issue before the court.


NAME: YUSUF NURUDEEN (AAT, ACA)
POSITION: CCNL MARKETING MANAGER
OFFICE ADDRESS:
CCNL ZONAL HEADQUARTERS,
NUMBER 4, OGUDU ROAD,
OJOTA, LAGOS STATE.
CCNL CORPORATE WEBSITE: www.comandclemonline.com

MOBIL NUMBER: +2347032522248
EMAIL ADDRESS: thepatenteesonlinenewspaper@yahoo.com
TWETTER NAME: CCNL_PATENTEES
FACEBOOK NAME: COMANDCLEM PATENTEES
CCNL CORPORATE FACEBOOK ADDRESS: www.facebook.com/COMANDCLEMNIGERIALIMITED

CCNLFORUM: www.comandclemonline.com/forum/index.php

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