Itc Limited v. Philip Morris Products S.A. & ORS.
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.A.(COMM.IPD-PAT) 4/2024, I.A. 3593/2024 & I.A. 30098/2025 ITC LIMITED .....Appellant Through:
Mr. Gaurav Pachnanda, Sr. Advocate and Mr. J. Sai Deepak, Sr. Advocate with Mr. Samik Mukherjee, Ms.
Amrita Majumdar, Mr.
Avinash Sharma, Mr. Thaneshwar Chakarwarti and Ms. Ashika Jain, Advocates versus PHILIP MORRIS PRODUCTS S.A. & ORS.
.....Respondents Through:
Mr. Manish Aryan, Ms. Manisha Singh, Mr. Nishant Rai, Mr. Abhai Pandey, Ms. Anju Agrawal and Ms.
Shivani Singh, Advocates for R-1 Mr. Jagdish Chandra Solanki, CGSC with Mr. Siddharth Bajaj and Ms.
Maanya Saxena Advocate for R-2 and
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 19.12.2025 I.A. 30098/2025 1.
This is an application filed under Rule 6(v) of the Delhi High Court Intellectual Property Rights Division Rules, 2022 read with Order XLI Rule 27 of the CPC, 1908.
2.
The documents sought to be placed on record are taken on record. 3.
The application stands allowed.
C.A.(COMM.IPD-PAT) 4/2024 Page 1 of 2 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 23/12/2025 at 14:15:29
C.A.(COMM.IPD-PAT) 4/2024 4.
Learned counsel appearing on behalf of Respondent No. 1 states that he has instructions to submit that the impugned patent was granted to the patentee on 01.11.2019 and it is due for renewal on 22.12.2025. He states that however, the patentee has resolved to not seek a renewal of the patent and permit it to be ceased as stipulated under Section 53(2) of the Patents Act, 1970. He states that the patentee has also resolved that it will not exercise its right to revive the patent at any subsequent date. He states that in view of this submission of the patentee, the present appeal may be disposed of.
5.
He states that the patent has not been commercially worked out by the patentee and the patentee has not filed any suit for infringement against any party in pursuance to this patent.
6.
Learned senior counsel for the Appellant states that the patentee be bound down to the said statement and in view of the above, he has no objection to the appeal being disposed of.
7.
The submission of the Respondent No. 1/patentee is taken on record and he is bound down to the same.
8.
The appeal is disposed of in view of the aforesaid statement. 9.
Pending applications are disposed of.
10.
Future dates, if any, stand cancelled.
MANMEET PRITAM SINGH ARORA, J DECEMBER 19, 2025/msh C.A.(COMM.IPD-PAT) 4/2024 Page 2 of 2 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 23/12/2025 at 14:15:29