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Madras High CourtCMP/16183/2023disposed of

Qualcomm Technologies Inc v. Deputy Controller Of Patents And Designs

2023-07-28Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

C.M.P.No.16183 of 2023 in C.M.A(PT). SR.No.33705 of 2023 SENTHILKUMAR RAMAMOORTHY,J By this application, the applicant seeks the condonation of the delay of 283 days in filing the appeal. Mr.K.Subbu Ranga Bharathi, learned CGSC, appears for the respondent. The impugned order was pronounced on 16.07.2020 and the statutory limitation period was up to 15.10.2020. Meanwhile, the Covid-19 pandemic occurred and the Hon'ble Supreme Court extended applicable limitation periods from 15.03.2020 up to 30.05.2022. The IPAB was disbanded in the meantime on 04.04.2021 and the IP Division was constituted in this Court on 05.04.2023. The appeal was presented by the appellant with the application to condone delay prior to the constitution of the IP Division. The above facts and circumstances constitute sufficient cause to condone delay. Consequently, the delay in filing the appeal is condoned. As a corollary, the Registry is directed to number the appeal, if otherwise in order.

28.07.2023 rna 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna C.M.P.No.16183 of 2023 in C.M.A(PT). SR.No.33705 of 2023 28.07.2023 2/2 https://www.mhc.tn.gov.in/judis