No. L-45101. November 28, 1986
Rosario Maguan, is doing business under the firm name and style of “SWAN MANUFACTURING”, is a patent holder of powder puff. Maguan informed and ordered Susana Luchan, that the powder puffs she is manufacturing and selling are substantially identical of her. She explained such production and sale constitute infringement of said patents and therefore its immediate discontinuance is demanded, otherwise it will be compelled to take judicial action.
Luchan stated that her products are not identical, or even if substantially identical, by way of affirmative defenses, further alleged that Maguan’s patents in question are void on the following grounds: (1) at the time of filing of application for the patents involved, the utility models applied for were not new and patentable since it existed and were publicly known and used as early as 1963 and (2) the person to whom the patents were issued was not the true and actual author of the utility models applied for, and neither did she derive her rights from any true and actual author of these utility models.