Actelion Pharmaceuticals Ltd v. Icos Corporation

(T)OP(PT)/52 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)OP(PT)/52 of 2023 Actelion Pharmaceuticals Ltd., A Swiss Company Gewerbestrasse 16 CH-4123 Allschwil Switzerland.

... Petitioner -vs1.ICOS Corporation of Eli Lilly and Company Lilly Corporate Center Indianapolis, IN 46285 USA.

2.The Controller of Patents The Patent Office Intellectual Property Rights Building, G.S.T. Road, Guindy, Chennai - 600 032.

... Respondents PRAYER: Transfer Original Petition (Patents) filed under Section 64 of the Patents Act, 1970 Read With the Patents Rules 2003 in respect of Indian Patent No.235242, to issue appropriate direction or order revoking grant of patent on Indian Patent No.235242 on the basis of grounds relied on here in above and issue appropriate direction or order to the learned 1/2 https://www.mhc.tn.gov.in/judis

(T)OP(PT)/52 of 2023 SENTHILKUMAR RAMAMOORTHY,J rna Controller of Patents and Designs to notify said order direction of revocation of Indian Patent No.235242.

For Petitioner : No Appearance For Respondent 1 : Mr.Julick Isaiah **********

ORDER

Learned counsel for the first respondent submits, on instructions, that Patent No.2235242 expired on 26.04.2016. In view of this development, the petition has been rendered infructuous.

2. By recording the same, (T)OP(PT)/52 of 2023 is dismissed as infructuous without any order as to costs.

12.06.2023 rna Index : Yes / No Internet : Yes / No (T)OP(PT)/52 of 2023 2/2 https://www.mhc.tn.gov.in/judis