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High Court of DelhiC.A.(COMM.IPD-PAT)/270/2022

Immunolight Llc v. Controller Of Patents

2025-01-21Hon'Ble Mr. Justice Amit Bansal2 pages

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.A.(COMM.IPD-PAT) 270/2022 IMMUNOLIGHT LLC .....Appellant Through:

Mr. Ankush Verma, Ms. Vaishali Joshi and Mr. Debashish Banerjee, Advocates.

versus CONTROLLER OF PATENTS .....Respondent Through:

Mr. Siddhartha Shankar Ray, CGSC with Mr. Suryadeep Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 21.01.2025 I.A. 35323/2024 (for taking on record Auxiliary Claim Set) 1.

This application has been filed on behalf of the appellant for taking on record the Auxiliary Claim Set as an additional document in the appeal. 2.

Notice in this application was issued on 3rd December, 2024. 3.

Mr. Siddhartha Shankar Ray, CGSC appearing on behalf of the respondent submits that the respondent has no objection if the Auxiliary Claim Set is taken on record.

4.

Accordingly, the Auxiliary Claim Set filed along with the application is taken on record.

5.

The application stands disposed of.

C.A.(COMM.IPD-PAT) 270/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:19:15

C.A.(COMM.IPD-PAT) 270/2022 6.

In view of the Auxiliary Claim Set being taken on record, the matter is remanded back to the Patent Office for a fresh consideration of the patent application.

The Assistant Controller of Patents would decide the patent application afresh, after issuing a fresh hearing notice to the appellant. 7.

Taking into account that the patent application was filed in 2009, the patent office will expeditiously decide the same and pass a reasoned order within a period of three months from today.

8.

The appeal stands disposed of in terms of the above. 9.

The Registry is directed to supply a copy of the present order to the office of the Controller General of Patents, Designs and Trademarks of India on e-mail- llc-ipo@gov.in for compliance.

AMIT BANSAL, J JANUARY 21, 2025 kd C.A.(COMM.IPD-PAT) 270/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:19:15